Banking has always been one of the most important economic issues in any society, and today, due to the bank-oriented nature of our society's economy, the study of banking law issues has a special priority. One of the most challenging issues in this area is the phenomenon of bank entrepreneurship, which has attracted the attention of many media and experts. The purpose of this study is to legally study the process of separation of commercial banking and investment banking, as well as to examine the legal aspects of the phenomenon of bank entrepreneurship with a comparative approach and to examine the reasons for banks to move forward and to examine the Islamic position on this phenomenon. The author's research method in this research is descriptive-analytical, which has tried to study and analyze the subject by referring to books, articles, and interviews. Due to the economic conditions of society, bank entrepreneurship is an inescapable phenomenon and a way to preserve the existence of banks and their customers and also to prevent the spread of contagious risk to the country's banking system, which according to the definition of Islam is part of the nature of banking. Which must have a limit and not be unrestrained to cause harm to the country's economy.
The Graham-Leach-Bliley Financial Services Modernization Act, 1999.
Glass Steagall Act, 1993.
Books
Amar Gande, CHAPTER 6 - Commercial Banks in Investment Banking, Editor(s): Anjan V. Thakor, Arnoud W.A. Boot, In Handbooks in Finance, Handbook of Financial Intermediation and Banking, Elsevier,2008, Pages 163-188.
David P. Stowell, Chapter 1 - Overview of Investment Banking, Editor(s): David P. Stowell, Investment Banks, Hedge Funds, and Private Equity (Third Edition), Academic Press, 2018, Pages 3-20.
GAIL E. MAKINEN, THE THEORY AND PRACTICE OF COMMERCIAL BANKING, Editor(s): GAIL E. MAKINEN, Money, Banking, and Economic Activity, Academic Press, 1981, Pages 153-168.
JAMES H. MITTELMAN, COMMERCIAL BANKING, Editor(s): JAMES H. MITTELMAN, Underdevelopment and the Transition to Socialism, Academic Press, 1981, Pages 173-187.
The Deposit Contract, Deposit Insurance, and Shadow Banking, Editor(s): Stuart I. Greenbaum, Anjan V. Thakor, Arnoud W.A. Boot, Contemporary Financial Intermediation (Fourth Edition), Academic Press, 2019, Pages 285-316.
Articles
Cho HK. The American banker as international investor: Have the new banking powers in the united states increased the volatility of lending into emerging economies? [Order No. 3260324]. University of Maryland, College Park; 2007. (Cho HK, 2007)
Tuch, Andrew F., The Self-Regulation of Investment Bankers (September 10, 2014). 83 George Washington Law Review 101 (2014), Washington University in St. Louis Legal Studies Research Paper No. 14-04-04.
Wu C. Commercial banks' expansion mode on the basis of the blur of financial industry borderlines. [Order No. 10350132]. Sun Yat-Sen University (People's Republic of China); 2010. (Wu C,210)
Gorji,F and Bagheri,M . (2024). The limits of banks' activity, the optimal limit of the legal prohibition of investment and entrepreneurship with a comparative approach. Comparative Law Review, 15(1), 185-206. doi: 10.22059/jcl.2023.352635.634453
MLA
Gorji,F , and Bagheri,M . "The limits of banks' activity, the optimal limit of the legal prohibition of investment and entrepreneurship with a comparative approach", Comparative Law Review, 15, 1, 2024, 185-206. doi: 10.22059/jcl.2023.352635.634453
HARVARD
Gorji F, Bagheri M. (2024). 'The limits of banks' activity, the optimal limit of the legal prohibition of investment and entrepreneurship with a comparative approach', Comparative Law Review, 15(1), pp. 185-206. doi: 10.22059/jcl.2023.352635.634453
CHICAGO
F Gorji and M Bagheri, "The limits of banks' activity, the optimal limit of the legal prohibition of investment and entrepreneurship with a comparative approach," Comparative Law Review, 15 1 (2024): 185-206, doi: 10.22059/jcl.2023.352635.634453
VANCOUVER
Gorji F, Bagheri M. The limits of banks' activity, the optimal limit of the legal prohibition of investment and entrepreneurship with a comparative approach. Comp Law Rev. 2024;15(1):185-206 (In Persian). doi: 10.22059/jcl.2023.352635.634453