Sławomir Niemierka, Piotr Zapadka
Analysis of Legal Regulations Related to the Financial Economy of Credit Institutions on the Financial Market of the European Union

The aim of the article is to show the principal legal norms regulating the financial economy of the credit institutions operating in the EU financial market.

The analysis is mainly based on the provisions of EU legal acts, comprising the so called harmonization minimum, i.e. the norms of the EU legal regime whose introduction into the member states' legal systems is a condition for their operation within the Community legal system.

The article also provides information about Polish legal regulations related to the banks' operation. It should be emphasised that the financial economy referred to in this article covers accounting issues, supervisory prudential norms, as well as capital adequacy.

The number, volume and the degree of complexity of financial operations executed by banking entities require very precise and detailed accounting and book keeping principles which will enable to present correctly (from the economic point of view) banking operations in the books and financial statements. The bank's balance sheet, profit and loss account and cash flow statement reflect the type and size of the business and provide information about the pursued financial strategy.

It should be noted that credit institutions are, on the one hand, "public confidence" institutions obligated to carry on their business in such a way that security of the assets entrusted to them is ensured. On the other hand, they are entrepreneurs whose activities are inseparably tied to risk which is connected with maximising their earnings.

This kind of dualism leads to a natural conflict between the necessity to meet market requirements and the eagerness to maximise economic effects as well as the necessity to provide security for the funds amassed by the bank. Therefore, supervisory prudential norms which are established to limit excessive risk and increase the security of the banking system play a particular role in creating a legal environment for banking business.

Community and Polish legal regulations (related to the scope of bank accountancy, capital adequacy and prudential norms) presented in the article show that there is a great degree of compatibility between legal norms present already in the Polish system and the "harmonisation minimum" of the Community law. It may be said that - within the analysed scope - the Polish banking law is adjusted to Community norms.



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