Banking Law Part 5 Bank Secrecy

Don Jana
14 Jun 202015:34

Summary

TLDR本视频脚本深入探讨了银行保密法的重要性。讲师首先通过提问学生是否曾接到金融机构的电话来引起兴趣,然后解释了银行保密法的含义,即银行有义务保护客户的信息,包括存款和信用情况,不得泄露给第三方。接着,讲师讨论了银行保密法的例外情况,包括税务问题、破产程序、刑事诉讼、民事诉讼、银行信息交换以及客户的个人请求。通过这些例子,讲师强调了银行保密法对于保护客户隐私和防止数据滥用的重要性。最后,讲师以鼓励的话语结束,提醒学生保持学习的热情,并期待下一次的课程。

Takeaways

  • 🏦 银行保密是指银行有义务保护客户信息,包括存款和信用信息,不得泄露给第三方。
  • 📞 如果接到金融机构的电话,首先要问他们是如何获得你的电话号码的,因为这可能涉及到银行保密的违反。
  • 🚫 银行保密被违反时,可以采取法律行动,这可能导致经济上的不利后果。
  • 🇮🇩 印尼法律承认了几种银行保密义务的例外情况,这些情况允许银行披露客户信息。
  • 📜 根据印尼银行法第41条至第44条,银行保密义务的例外包括税务利益、破产程序、刑事案件程序、民事诉讼以及银行信息交换等。
  • 💼 如果个人或公司在税务上有问题,税务办公室可以要求银行公开相关信息。
  • 🏛 在破产程序中,法院或法定机构可以要求银行公开客户的财务信息,以便进行资产清算。
  • 📈 如果涉及刑事案件,检察官或授权机构可以要求银行提供客户的账户信息。
  • 🤝 银行之间可以交换债务人的信息,以帮助评估贷款申请。
  • 🙋‍♂️ 客户也可以个人请求银行公开自己的财务信息,例如公务员或政府官员有义务报告自己的资产。
  • ⚖️ 银行保密是银行法中的一个重要主题,它与金融安全和客户隐私息息相关。

Q & A

  • 什么是银行保密?

    -银行保密是指与存款人或客户有关的信息,包括其财务状况和信用信息。银行有义务保护客户的信息,不得向第三方披露,除非在特定情况下。

  • 如果银行未经我同意就将我的信息提供给第三方,这是否违反了银行保密原则?

    -是的,除非在法律允许的特定情况下,否则银行未经客户同意不得将客户的信息提供给第三方。如果银行违反了这一原则,客户可以采取法律行动。

  • 银行在哪些情况下可以合法地披露客户的信息?

    -银行可以在以下情况下合法披露客户的信息:税务利益、破产程序、刑事案件的法院程序、银行与客户之间的民事诉讼、银行信息交换系统以及客户的个人请求。

  • 如果我认为我的银行保密权被侵犯了,我应该怎么办?

    -如果你认为你的银行保密权被侵犯了,你应该首先询问银行是如何获得你的信息的。如果发现银行违反了保密义务,你可以采取法律行动,包括提起诉讼。

  • 银行保密对个人财务安全有多重要?

    -银行保密对个人财务安全至关重要,因为它保护了客户的财务信息不被未经授权的第三方获取,从而防止了可能的财务欺诈和身份盗窃。

  • 银行保密原则是否对所有客户都适用?

    -银行保密原则通常对所有客户都适用,但法律也规定了一些例外情况,例如税务调查、破产程序或刑事诉讼等。

  • 银行在什么情况下可以因税务利益而披露客户的信息?

    -当税务机关认为某个人或公司涉嫌逃税,并且需要银行提供信息以便进行税务调查时,银行可以披露客户的信息。

  • 在破产程序中,银行如何披露客户的信息?

    -在破产程序中,如果法院或破产管理人需要了解客户的资产情况以进行资产清算,银行可以向他们披露客户的信息。

  • 如果银行违反了银行保密原则,可能会面临哪些后果?

    -如果银行违反了银行保密原则,可能会面临法律责任,包括罚款、赔偿损失以及对银行声誉的损害。

  • 银行信息交换系统是如何工作的?

    -银行信息交换系统允许一家银行查询另一家银行的客户信用信息,以帮助评估客户的信用状况,例如在审批贷款申请时。

  • 客户在什么情况下可以要求银行公开自己的信息?

    -客户可以在个人请求的情况下要求银行公开自己的信息,例如作为政府官员需要报告自己的资产,或者作为立法者、州长、市长等需要公开财务信息。

Outlines

00:00

🔒 银行保密法概述

本段介绍了银行保密法的基本概念,强调了银行有义务保护客户的信息,包括存款和信用信息,不得泄露给第三方。同时,提到了银行保密法的例外情况,如税务问题、破产程序、刑事案件调查等,这些情况下银行可以合法地披露客户信息。此外,还提到了个人主动要求银行公开信息的情况,例如公职人员申报财产。

05:00

📚 银行保密法的法律程序和例外

这段内容详细讨论了银行保密法的例外情况,包括税务调查、破产和资产拍卖、刑事案件程序、民事诉讼以及银行信息交换系统。特别指出,在这些特定情况下,银行被法律授权披露客户信息,并不违反银行保密法。

10:06

🤝 银行信息交换与个人请求公开信息

本段进一步解释了银行信息交换系统的重要性,如信用检查,以及个人在特定情况下请求银行公开其信息的合法性。强调了在这些情况下,银行共享或公开客户信息是符合银行保密法的,例如个人为了满足政府机构的财产报告要求。

15:07

🌟 结语与鼓励

最后一段作为结尾,讲师鼓励学生继续保持学习的热情,并分享知识。讲师提醒学生,尽管面临挑战,但所有事情终将过去,包括当前的学习阶段。以感谢和祝福结束,期待在下一课程中与学生见面。

Mindmap

Keywords

💡银行保密

银行保密是指银行有义务保护其客户信息,包括存款和信用信息等,不得向第三方透露。在视频中,讲师强调了银行保密的重要性,指出银行泄露客户信息将构成违规。

💡客户信息

客户信息包括客户的存款情况、信用记录等,是银行保密的核心内容。视频中提到,银行必须保护客户信息,防止信息泄露给未授权的第三方。

💡数据泄露

数据泄露是指未经授权的个人或机构获取并使用客户信息,可能导致客户遭受经济损失或其他不利影响。视频中提到,有些机构可能会出售客户数据,这违反了银行保密原则。

💡法律程序

法律程序是指在特定情况下,如税务调查、破产程序或刑事案件中,银行可能被要求向政府或法庭披露客户信息。视频中解释了在这些情况下,银行披露信息不构成违反银行保密。

💡税务调查

税务调查是指税务机关对个人或公司可能存在的逃税行为进行的调查。视频中提到,如果客户涉嫌逃税,税务机关可以要求银行披露该客户的财务信息。

💡破产程序

破产程序是指当个人或公司无法偿还债务时,由法院进行的资产清算过程。视频中提到,在破产程序中,银行可能需要向法院或破产管理人披露客户的资产信息。

💡刑事案件

刑事案件涉及犯罪行为,如腐败或洗钱。视频中指出,在刑事诉讼中,检察官可能需要银行提供客户的财务信息以查明事实。

💡银行信息交换

银行信息交换是指银行之间共享客户的信用信息,以评估客户的信用状况。视频中提到,通过银行信息交换系统,一家银行可以了解客户在另一家银行的负债情况。

💡个人请求

个人请求是指客户主动要求银行披露自己的财务信息,通常出于法律义务或个人需要。视频中举例说,政府官员或立法者可能需要公开自己的资产信息。

💡违规行为

违规行为是指银行未经客户同意或在没有法律依据的情况下泄露客户信息。视频中强调,除非在特定法律程序中,否则银行泄露客户信息将构成违规。

💡银行义务

银行义务是指银行在法律框架内对客户信息保密的责任。视频中讨论了银行保密的重要性,并指出在特定情况下,银行可以被要求披露信息,但这些情况有明确的法律依据。

Highlights

银行保密是指与存款人或客户及其财务状况相关的信息,银行有义务保护客户的信息不被泄露。

如果银行未经客户同意就泄露其信息,可能构成违反银行保密义务。

银行保密的例外情况包括税务利益、破产程序、刑事案件程序、民事诉讼、银行信息交换以及客户个人请求。

在税务利益方面,如果税务局认为个人或公司有逃税行为,可以要求银行披露信息。

破产程序中,政府或法院可以要求银行公开客户的资产信息,以便进行资产清算。

在刑事案件中,如果涉及腐败或洗钱等嫌疑,检察官或法官可以要求查看客户的银行账户信息。

民事诉讼中,如果银行和客户之间存在法律纠纷,银行可以公开客户的账户信息。

银行信息交换系统允许银行之间共享客户的债务信息,以评估客户的信用状况。

客户个人请求是银行保密的例外之一,例如政府官员可能需要公开自己的财务信息。

违反银行保密义务可能会导致法律诉讼和经济损失。

银行保密是银行法中的一个重要子话题,因为它关系到客户的财务安全。

银行保密的讨论也涉及到数据保护和隐私权的问题。

银行保密的界限和例外情况在法律上有明确规定,以平衡公众利益和个人隐私。

银行保密的违反可能会导致银行面临法律责任。

银行保密义务的履行对于维护金融系统的信誉和客户信任至关重要。

银行保密的讨论也与当前的税收特赦政策有关,这可能会影响银行信息的访问权限。

银行保密的理解和应用需要考虑多方面的因素,包括法律、伦理和实践。

Transcripts

play00:04

hello class welcome back to the business

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law course and still in the banking law

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topic this is the fifth as well as the

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last sub topic of this topic still with

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me your lecturers generally speaking and

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for this last part we are going to talk

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about Bank Secrecy have you ever

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experienced getting a call for from

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someone or a certain institution

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especially financial institution or bank

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and offering you many kind of surfaces

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well actually do you never as long as

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you remember you never give your number

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to them I don't know maybe because it's

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still in in school I mean you still a

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student maybe not many a few experience

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with that but for me or maybe for the

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others your parents let's say your

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brother who only worked we used to get

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some call offering us many kind of

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surfaces many kind of a financial

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instrument

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well actually we never gave our number

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to those institutions

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if it was me if it were me every time I

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got it kind of calling the first

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questions I always delivered to do one

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call me is where do you get my number

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because I need to know where they get my

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number because if they get my number

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from the bank where I am the customer in

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that band and the bank already committed

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a violation of a bank secrecy so what is

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actually a bank secrecy very secrecy is

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anything related to the information

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regarding the depositor or the customer

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and his deficits so the bank plus keep

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my information and they are not allowed

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to give my information to the other

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parties including also how much money I

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have in their banks and also how how

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much credit I have in their bank so they

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cannot give it to to the other parts

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because they are mandated to protect my

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information and maybe if you've heard

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many discussion in internet that now

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days and even years so since years ago

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there are some institution who sells the

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data the data regarding information of

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their customers and it is possibly

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brings some disadvantage for us because

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now our data can be known by other party

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and maybe this other party could use it

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for something bad so that's why every

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time you got a call and you never think

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that you give their number to to the

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color do not response them do that

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response when they offer but firstly

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acts where do you get my number

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if they said it's from the bank the bank

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where you are the customer and you can

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you can assume the responsibility for

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the bank it is also a thought remembered

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at the previous subtopic we discuss

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about tort I am Harper Guatemala whom an

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action against load and bring us

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economically economic disadvantages

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economic loss so Bank Secrecy ISM is the

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obligation of a bank nevertheless

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Indonesian law also recognized several

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situation that is excluded from the

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obligation of the bank to keep the

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information so in several situation the

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bank an open our information as their

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customer or as their depositors those

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exception is based on article 41 law of

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banking I already gave you the number of

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the regulation

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you may check it in article 41 until 44

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the exceptions are including the first

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one in the matter of the interest of

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Taxation if the tax office considering

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this person or this company is committed

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to a certain action to hide their

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liability of the tax so the office or

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the government in this case can ask the

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bank where the suspect is becoming the

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customer to open the information about

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this customer so then the legal

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procedure of the tax investigation can

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be conducted so if you are committed to

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a certain action to hide your tax or you

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do not pay your tax then the text office

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and as well as the the other authorized

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government's that load by the law they

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can ask the informations about you about

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your Rick about your account about your

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money in the bank where you are a

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customer of the bag so in this case the

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when the bag is open your information to

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the authorized it is not a violation of

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the bank secrecy because it is load it

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is an exception that's only four to one

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second is in order

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Apple plate which has been transferred

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to agency that and option affair order

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of in order is set all clean

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disregarding standard or an auction

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affair remember when I

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so that if you fail to pay your

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liability to demand so the bank can do

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the auctions to your asset so sometimes

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this the government also could options

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some was asset let's say in the

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bankruptcy process the bolita Indonesia

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in bankruptcy when you are being

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corrupted or a company's bankrupt its

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stated by the government by the court

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then there could be some action

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conducted by the court or the legal

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court or the clutter for the ancient

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goods number the clutter of law which is

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the which the job is to settle the

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payment of your liability when you are

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being crafted you can divide it can so

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you have to pay your liability to your

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creditor so the one who will manage your

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asset now is the character so for the

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interest of the option of your assets

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then the government or the authorized

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can asking the bank to open your total

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informations in the bank

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so then the total of asset that you have

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can be known and known by the carotids

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and the curator can list it and can

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calculate how much you have and how much

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the potential money debt could be earned

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from the option that's - that's the

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exception so in this kind of situation

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when the been open this information so

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it is not a violation the third one is

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in the interest of court procedure in

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criminal case or procedure in criminal

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case for example if someone is committed

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or suspected for a corruption or money

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laundering so in the during the process

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of the litigation or process in the core

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the judge is also the prosecutor I need

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to find the facts including the fact of

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the money that you have as the respect

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of the

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corruptions to find the total

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information so one of the things that

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can be done by the prosecutor for

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example is to check your account in the

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bank's when where you are the customer

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of the bank where you become the

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customer so they need to know how much

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is the real money that it has in that

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barrel so in this case when the

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prosecutor on the authorised institution

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asking the been where you are the

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customer when you become the customer

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they asking the information about you to

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the bank and then the bed open it it is

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not the violation of being secrecy

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because it is accepted from the Bank

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Secrecy obligation because there is the

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name of the enforcement of law in

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criminal action so in this case when the

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bank open it to the prosecutor they give

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you information of you of your money of

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your credit in the bank so now the

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prosecutor has the data so the bear is

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not committed to any violation here

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number four in case of civil suit

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between bank and customer this is

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related to the previous sub part

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regarding the settlement of the bad

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credit I told you that one of the

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solution the bank can use to X the money

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from the doctor who is failed to pay the

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money is to sue them to the court so

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then it is a lawsuit between the bank

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and the customer in this case when the

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bank opened the information about the

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money in the bank so it is not a

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violation of the bank secrecy the fifth

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one is for the force of bank information

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exchange exchange of bank information so

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there is a system we call it baby check

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in Indonesia check England one bank is

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linked to another banner regarding the

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information of the debtors let's say

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that you you are the adapter in bang a

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and then you are going to apply for

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another credit to bank B so then B they

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can check whether you have any liability

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in another bank and then let's say that

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in baking they find out that your name

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it still has some liability something

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solid in been a and maybe you are has

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has been blacklisted by being a so it

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could be their main information to

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consider your application so in this

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case then bang bang B could also try to

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get oral information or our confirmation

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directly to bring a so then B can

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communicate with Ben bay Bank a and Bank

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egg and open the information about you

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in their bank to the bank B for the

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consideration of being B whether they

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want to approve or reject your

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application so in this case when being a

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open your information to them B it is

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not a violation because it is a lot in

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in order to to to create the the

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exchange information it could be

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beneficial for Bank in considering

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someone's application the sixth one is

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open personal request personal request

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of the the customer let's say I am the

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consumer in Ben C and I accidentally to

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open my information may be to a certain

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institution or to public why why do I

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want to open my information sometimes

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because I am a civil servant let's say

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that I have an obligation to report my

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my my asset to the government or maybe I

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am an officer in a certain government

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institution

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maybe I am the legislator so I have a

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liability to open my my my money my

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asset information as well as if I am the

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governor I am the major this is my

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liability so in this case when I exited

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Bank to open the information of my money

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in their bank upon my personal request

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and then the bank open it it is not a

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violation but out of there of the six

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reasons it is a violation so the bank

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cannot just give the information to

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let's say an insurance company let's say

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a financial institution here sadhana for

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example no you cannot give it so if they

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give it to them

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maybe this earlier of the bearing yeah

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they are already do the violation of the

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Bank Secrecy even though nowadays there

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is one issue especially when there is a

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tax amnesty there is a regulation

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which then gives a situation there seems

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like every tax officer now can access

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our bank information

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well that is still debatable whether it

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is necessary or not and if you want to

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read further about that it is provided

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in my book but the point is you can see

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it from different points of view because

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now with the regulation even though we

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are not having some problem in the court

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or maybe we don't have any bet that in a

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bank now that's all these are can check

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our information of deposits in the bank

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so there is about Bank Secrecy this is

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one of many formations and also one of

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the main subtopic in banking law because

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sort of your finance is also related to

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the ASIS or if they remember and this

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will be the closing of this topic

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hopefully you can still keep it up and

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share up

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just enjoy it there's still more a lot

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of things to do but believe me

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everything will pass all things must

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pass this too will pass

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again thank you

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bless you see you at the next stop

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