The review of representation in the purchase of check’s debt with comparison regulation check in English Law
Volume 11, Issue 32, Winter 2026, Pages 202-235
https://doi.org/10.22034/jifb.2026.543497.1645
Sedigheh Hejini nejad, Hossein Taherkhani, Jamshid Nourshargh, Ahmad shams
Abstract The use of check in banking operations debt purchase has raised issue of check’s representation and agent's joint liability, Given that in discounting, check is transferred to bank by holder, so the representative’s liability is’nt operational, but in over drafting because check is transferred to bank by issuer, inference of agent's joint and several liability strengthens bank's guarantees.
In this article, while review types of representation through comparing Articles19 and 23 of Check
Law, effect of that on purchase of checks’debt in banking operations by analytical, descriptive methods. َDespite due to principle of separability obligations an irregularity of joint and several liability, cannot be considered agent'sjoint and several liability, but this liability of Article 19 is deducted from due to extension of banking prohibitions in Article 5 and application of prohibitions in Article 21 relative to agent.
Also, establishing connectivity link among banking system, courts, Registration Office and Company Registration Office in order to recognize various types representation and information on representation’s dissolution to create joint and several liability is suggested.
In British law, the agent isnot responsible for joint and several liability and is limited to representation. Correspondingly, discounting and over drafting would be provided without debt purchase contract
Challenges of Authentication in Electronic Banking with an Emphasis on the Risk of Money Laundering
Volume 9, Issue 10, Spring 2024, Pages 57-80
https://doi.org/10.22034/jifb.2024.431450.1545
Sedigheh Hejini nejad, Kourosh Jafarpor
Abstract The implementation of electronic banking, despite its many advantages, faces many challenges. In this research project, how to fulfill the contract, authentication, electronic signature, and the ability to cite the signature as message data on the one hand, and the dangers of impersonation and facilitating money laundering on the other hand were analyzed descriptively by studying domestic and international regulations and analytical methods. The result of this study shows that the electronic contract can be fulfilled due to the choice of determining the method of concluding the contract and the prescription of the electronic commerce law. Therefore, the biometric signature and digital signature are not only efficient and reliable but can also compensate for the inability of the deprived classes to provide identity and residence documents in line with anti-money laundering regulations, while electronic identity authentication with the help of artificial intelligence will identify fraudulent behavior and prevent money laundering. As such, it is suggested to establish an integrated information system between banks and identity custodian organizations such as civil registry, company registry, document registry, and the judicial system in terms of the decrees issued regarding the identity of persons such as confiscation, bankruptcy, and liquidation in order to ensure the accuracy of the data and to provide secure online services and subsequently to defend electronic data as a document in judicial courts.
Challenges of providing banking services to the incapacitated with emphasis on the risk of money laundering
Volume 6, Issue 15, Winter 2021
https://doi.org/10.22034/jifb.2022.288578.1273
Sedigheh Hejini nejad
Abstract Despite the fact that the guardian and the custodian of the incapacitated are allowed to carry out financial operations in his name and for him but the sensitivity of banking services on one hand and the need for money launderers to use another identity and the risks of rental accounts on the other hand Provides regulations to limit the provision of banking services to incapacitated, both domestic and foreign nationals. Restrictions on the payment of banking services to incapacitated, as well as the type of accounts they can open and the appropriate age for withdrawal from the account and the amount allowed for money transfers, are among the issues that differ in different countries. the types of banking operations that can be offered to incapacitated in terms of the possibility of money laundering are analyzed by mentioning its risks and the type of banking services they can receive is determined by comparing the Anti-Money Laundering Law and its executive regulations as well as US regulations
