Written by leading figures in the field, this third edition of the Principles of Banking Law provides an authoritative account of the subject, incorporating all significant changes in banking law, regulation, and practice that have occured since the publication of the second edition in 2002. The authors offer a thoughtful and contextual treatment of domestic and international banking and financial services law, with in-depth expert coverage ofglobal bank regulation, payment systems, lending, and trade finance.
This comprehensive book begins with a consideration of the nature of the general banker-customer relationship, the obligations it poses and the issues relating to the commencement of the banking relationship. It provides individuals and companies with valuable guidance when assessing the risks in their relationship with banks, and vice versa. The following chapters allow all parties to consider carefully the central issues and underlying general principles that might arise by addressing the various activities undertaken by a lender. The duty of confidentiality, lenders as fiduciaries, the lender's duty to advise borrowers on the imprudence of transactions as well as fraud, and banks as constructive trustees and damages for breach of contract by a lender are all considered. The final chapters explore the duties of security holders and mortgagees of land, the liability of lenders for receivers they appoint, environmental liability and lender liability as shadow directors concerning wrongful trading. The book outlines liability in negligence and contract, with specific reference to existing case law concerning banks in this field from an English law perspective, and also Scottish and Commonwealth law, thus providing valuable applicability to the banking context for practitioners in other fields.
Law by Professor Teruo Komori,Professor Karel Wellens
By explaining the principles on which the legal rules applied in common law financial transactions are based, this book covers the concepts that underpin these rules and the evolution of particular legal structures.
The author has provided an analysis of the principles of private international law as applicable to banking. This is the first book to provide coverage and analysis of the law and practice relating to syndicated loans, bonds, loan transfers and swaps in a single volume. It will be essential reading for all bankers who require an understanding of international banking law.
This book analyzes and compares the laws of selected industrial countries that are representative of the different approaches to the treatment of banks in distress. It addresses only those banking and economic policy issues that are required for a proper understanding of the banking law or the legal strategies, procedures, and practices that have evolved in the treatment of banking problems. The book does not cover international aspects of bank insolvency, but rather has a domestic focus, given that bank regulation and supervision are still largely a national endeavor.
by Hogan Lovells Professor of Law and Finance John Armour,Associate Professor of Law and Finance and Academic Director of the Msc in Law and Finance Programme Dan Awrey,Paul Davies,Allen & Overy Professor of Corporate Law Luca Enriques,Richard Paul Richman Professor of Law Jeffrey N Gordon,Peter Moores Professor of Management Studies Colin Mayer,Professor of Corporate Finance Law Jennifer Payne
Author: Hogan Lovells Professor of Law and Finance John Armour,Associate Professor of Law and Finance and Academic Director of the Msc in Law and Finance Programme Dan Awrey,Paul Davies,Allen & Overy Professor of Corporate Law Luca Enriques,Richard Paul Richman Professor of Law Jeffrey N Gordon,Peter Moores Professor of Management Studies Colin Mayer,Professor of Corporate Finance Law Jennifer Payne
Publisher: Oxford University Press
The financial crisis of 2007-9 revealed serious failings in the regulation of financial institutions and markets, and prompted a fundamental reconsideration of the design of financial regulation. As the financial system has become ever-more complex and interconnected, the pace of evolution continues to accelerate. It is now clear that regulation must focus on the financial system as a whole, but this poses significant challenges for regulators. Principles of Financial Regulation describes how to address those challenges. Examining the subject from a holistic and multidisciplinary perspective, Principles of Financial Regulation considers the underlying policies and the objectives of regulation by drawing on economics, finance, and law methodologies. The volume examines regulation in a purposive and dynamic way by framing the book in terms of what the financial system does, rather than what financial regulation is. By analysing specific regulatory measures, the book provides readers to the opportunity to assess regulatory choices on specific policy issues and encourages critical reflection on the design of regulation.
Regulation, Financial Integration and Electronic Commerce
Author: Apostolos Ath. Gkoutzinis
Publisher: Cambridge University Press
The European Union has long sought to create a single financial area across Europe where consumers in one country benefit from financial markets and activities in other countries. With the emergence of the Internet as a platform for the provision of online banking services, the creation of a pan-European market for banking services appeared a realistic proposition. In practice, however, this has not happened. This book asks why and argues that the creation of banking markets via the Internet relies on both available technologies and appropriate laws and regulations. The institutional and legal framework for online banking services in the single European market are examined, as is the level of legal harmonization achieved in the UK, France and Germany under the influence of the EU Directives pertaining to online banking activities.
This volume, edited by Robert C. Effros, focuses on how technology is affecting the world of banking and finance in an era of increasing globalization. The advent of electronic money, stored value cards, and internet transactions are discussed, as well as the impact of technology on cross-border banking and its implications for central banks. Other issues examined are the legal and regulatory frameworks for risk management of banks, sovereign debt, the international laws of bank secrecy, and financial services within the context of the GATT Agreement on Trade Services.
Business & Economics by International Monetary International Monetary Fund
Die europäischen Regelungen der MiFID II sowie der MiFIR und der EMIR stellen die Finanzindustrie vor große Herausforderungen. Mit diesen neuen Normen sollen die Transparenz in den Märkten sowie die Effizienz und Integrität der Finanzmärkte erhöht und neue, auch technische Entwicklungen, erfasst werden. Dies wirkt sich grundlegend auf die Produktgestaltung und den Vertrieb der Institute im Besonderen sowie auf die Marktstruktur im Allgemeinen aus. Damit ergeben sich auch Folgen für die geschäftspolitische Positionierung der einzelnen Marktteilnehmer. Das Buch beschreibt die rechtlichen Grundlagen der MiFID II sowohl auf europäischer als auch auf nationaler Ebene. Darauf aufbauend werden die Auswirkungen der Richtlinie auf den Wertpapierhandel und auf Handelsplätze sowie auf die Anlageberatung und für den Anlegerschutz aus Sicht der Institute thematisiert. Zudem werden die Folgen der MiFID II im Zusammenhang mit der Product Governance auf die Kunden- und Produktstruktur analysiert sowie die Wertpapier-Compliance für die Marktteilnehmer beschrieben. Die Autoren stammen aus Finanzinstituten, aus Rechtsanwaltskanzleien sowie der Aufsicht. Sie beschreiben sowohl den Stand der Umsetzung als auch weiterführende Perspektiven für die praktische Implementierung der MiFID II. Das Buch bietet damit einen lösungsorientierten Ein- und Überblick über zentrale Themen sowie einen Ausblick auf die weitere Entwicklung.
This is the first major casebook devoted to international banking law. It examines cutting edge legal and regulatory developments in international banking law, as focused through the business and structural means by which banks conduct international activities--the business of international banking. In doing so, the book highlights the fact that, as international banking has grown and increasingly plays a key role in the international economy, so have practical and policy concerns arisen that have caused an increasing need and support for international banking laws and regulation. The book presents the practical aspects of legal issues that arise in the most common international banking transactions, including the legal role of international banks in letters of credit transactions, international loan syndications and international deposit transactions--so called "ringfencing" of deposits. In so doing, the book seeks to engage the student to understand the respective roles, responsibilities and liabilities of banks associated with these transactions, and the related regulatory concerns reflected in banking laws, regulations and policies. This book also explores international banking regulation, including an analysis of the international principles of bank supervision and the evolving work and influence of the Basel Committee on Bank Regulation and Supervision and regulation of U.S. banks in foreign markets. Significantly, it examines critical international banking legal issues and policies in the context of the recent global financial crisis, government "bailouts" and global financial regulatory reform initiatives responding to the crisis, the causes of the global financial crisis, government reactions and perceived weaknesses in the international financial regulatory system, and regulatory reform covering the Dodd-Frank Act, G-10 and Basel Committee reform initiatives. The book also examines the regulation of foreign banking organizations in the U.S. under the Federal Reserve Board's Regulation K and International Banking Act, Foreign Bank Supervision and Enhancement Act and related laws and regulations. Also, the book analyzes current legal and regulatory developments in anti-terrorism, money laundering, and embargo laws as relates to international banking operations. Finally, the book covers the "single rulebook" banking regulation of the European Monetary Union--the first transnational regulation of international banking. The book also presents emerging ethical considerations in international banking law practice, and the implications of relevant ethical guidance by the American Bar Association and the International Bar Association.
Principles of English Commercial Law provides students with a high-quality overview of this key area of English law. Drawing together updated chapters from the third edition of English Private Law, the subjects covered include the law on agency, sale of goods, carriage of goods by sea, carriage of goods by air and land, insurance, banking, bailment, security, and insolvency. Written by a team of acknowledged experts, the chapters give a clear, simple, and accurate overview of the guiding principles and rules of English commercial law, a vital topic in law degrees and on professional courses. Whether looking for an accessible, conceptual introduction to the area or a handy revision reference, students will find this book invaluable.
* A comprehensive coverage of law and practice * Examines in detail all the evidence and documentation required * Provides all the essential law and practice required in the field Those involved in transactions with corporate banks must ensure that the correct legal principles are adhered to and that exactly the right documentation is properly used. This book provides all the essential information on the legal practices and problems for dealing in international banking law from the principles of private international law through the structure of loan agreements to mergers and acquisitions. Having dealt with these underlying principles and practices, it then examines, in detail, the vital documentation including facility letters and loan agreements, syndication, documentary credits, swaps, and project and acquisition finance. Written for corporate and investment bankers as well as advanced students of banking.
This book is about the principles of Islamic banking. It explains the prohibition of Riba, and how the prohibition of usury was common to all monotheist religions. The use of Islamic laws in banking can bring together investors and managers; and also to explain mudarabah which is an arrangement where an investor entrusts his capital or merchandise to an agent. The book explains the belief of economic progress; that development does not imply Westernization. The encouragement of private sector activity is not, however, accompanied by any deliberate policy of fostering competition. The authority in an Islamic state is an interest that extends not only to criminal law, but also to the commercial law which affects both local and foreign companies. Although the law is usually applied consistently within individual countries, there is less consistency among Islamic states. The Koran and the sunnah, of course, provide the basis of the law in all Islamic states, but interpretation varies considerably. It finally explains the greatest challenge to the world of Islamic commerce in the 20thcentury is, to transform the classical mudarabah into an equally smooth functioning and efficient modern Islamic bank with the potential of almost unlimited growth.
Business & Economics by JYOTSNA SETHI,NISHWAN BHATIA
The emergence of the financial sector has brought unprecedented changes in the principles, practices and legal framework of the banking and insurance sectors. This up-to-date and student-friendly text describes, with great clarity and precision, the role of banking and insurance sectors in the current era of globalization, privatization and liberalization. The book first introduces the readers to the banking business, retail banking, international banking, Internet banking and tele-banking, including the ATMs, credit, debit and smart cards. Then it goes on to give a detailed description of enterprise risk management (ERM), life insurance plans, insurance rating methods and claims settlement in life insurance. The text concludes with a discussion on insurance intermediaries and their functioning, the legal framework, as well as major players in the Indian insurance industry and future trends of the industry. The second edition has been substantially updated and includes a new chapter on Practical Banking, which discusses cheques, drafts, core banking solution and banking ombudsman. The text is interspersed with many examples and illustrations, and other pedagogic features. It is designed primarily as a textbook for the undergraduate students (BA) for their course in banking and insurance. Besides, it will prove to be a handy reference for students of management, commerce and those taking banking and insurance courses. KEY FEATURES 1. Acquaints the students with most recent developments in banking and insurance sectors 2. Provides numerous end-of-chapter review questions 3. Gives important abbreviations and real-life cases