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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > Banking law
This is a study of the law governing the bank-customer relationship pertaining to the disposition of funds by cheques and credit transfers, covering both paper-based and electronic payments. The work addresses, with various degrees of detail, common law, civilian, and `mixed' jurisdictions, particularly, Australia, Canada, England, France, Germany, Israel, Italy, Japan, South Africa, Switzerland and the United States. In addition to the description of the law in these jurisdictions, the book contains an in-depth analysis of the common issues and the responses to them, in light of desired policies. Accordingly, an evaluation of the various rules and proposals for reform are integral parts of the study.
Providing a thorough legal analysis of money in all its aspects,
Mann on the Legal Aspect of Money has been the leading text on the
private and public law of money ever since the publication of the
first edition in 1939. This latest edition considers issues that
arose in the course of the financial crisis, including the legal
aspects of the Greek financial crisis, the implications of
quantitative easing and the "lender of last resort" function of the
central bank. Additionally, there is a new chapter on payment
processes following the Payment Services Directive and legislation
designed to reinforce legal arrangements in the context of payment
systems. In a private law context, the book deals with the nature
of money and its use in the payment of private debts and the right
to interest and damages in the event of a delay in the payment of a
monetary obligation. It also addresses the implications of money
laundering regulations, sanctions and similar legislation in the
context of monetary obligations. From a public law perspective, it
explores the legal consequences of inflation and the erosion of
monetary value as well as the structure of national monetary
systems, including monetary pegs, currency boards and
dollarization. In an international law context, the legal
implications of monetary associations are considered including
economic and monetary union in Europe. The text also considers the
legal implications of fluctuating exchange rates and international
obligations in relation to the national currency (e.g. exchange
rate manipulation and discriminatory monetary practices). The
seventh edition of Mann gives an up-to-date and detailed discussion
of current matters, whilst continuing to provide an in-depth
analysis on all aspects of monetary law in a single reference
source.
This timely book offers a comprehensive study of the mechanism that
gives effect to foreign bank resolution actions. In particular, it
focuses on how the legal framework for the recognition of foreign
bank resolution actions should be structured and proposes detailed
legal principles on which effective frameworks should be based.
Shuai Guo conducts both normative and positive law analysis to
investigate the status quo of available legal instruments that are
used to recognise foreign resolution actions within three
representative jurisdictions: the European Union, the United States
and mainland China. Building on the traditional legal doctrines of
private international law, financial law and insolvency law, this
book proposes ten principles that should be applied to foreign bank
resolution actions, offering innovative ideas for further research
and study. Additionally, it fills the gap in scholarly research on
the issue of cross-border bank resolution and formulates rules that
would facilitate effective resolution actions across borders to
achieve a global orderly resolution for banks. Recognition of
Foreign Bank Resolution Actions will be key reading for researchers
and students in the fields of private international law, finance
and banking law. The technical legal issues addressed throughout
the book will also appeal to insolvency and banking lawyers, as
well as policy makers within the field.
In this thoroughly revised third edition of what has become the
standard work on information exchange in tax matters, Xavier
Oberson provides an authoritative overview of the instruments and
models used to exchange information on an international level.
Addressing the latest developments in the movement towards
increased global transparency in tax matters, this updated edition
also includes new rules of information exchanges and reporting on
digital platforms, crypto assets and crypto currencies. Key
Features: Analysis of the OECD common reporting standard of
automatic exchange of information Discussion on a range of
international instruments and models including: double taxation
treaties, TIEAs, the OECD multinational convention, European
Directives, FATCA and the Swiss Rubik model Examination of the new
rules for information reporting to digital platforms and new
reporting obligations for crypto assets and e-money of the OECD
Base Erosion and Profit Shifting (BEPS) Program Lawyers, tax
specialists and professionals in banking and finance looking to
further their knowledge and gain insights into new developments in
digital platforms and crypto currencies will find this book to be
an invaluable reference. Students and academics in law, tax and
economics will appreciate the clear overview and find this an
essential resource.
This is the first book to offer a profound, practical analysis of
the framework for the judicial and pre-judicial protection of
rights under the supranational banking supervision and resolution
powers in the European Banking Union (EBU). It is also unique in
its in-depth commentary on the developing case law from the
European Court of Justice in this new field of EU litigation. Key
features include: clarity on the procedural requirements for
judicial review a comprehensive commentary on the existing case law
of EU courts in the field insight and analysis from front-line
practitioners, as well as expert scholars a detailed and up-to-date
examination of banking supervision and resolution in the EBU
discussion of the development of EBU law as a crucial area of EU
law and its integration into the EU's legal order. This book is a
must-read for practitioners in the field of banking law and
regulation. In particular it will be the authoritative reference
point for those working in European and national public
institutions such as supervisory and resolution authorities,
courts, central banks and ministries of finance, as well as those
working in or advising private organisations concerned with the
exercise of supervisory and resolution powers. The book will also
be of significant interest to scholars and postgraduate students of
EU financial and banking law and governance.
This comprehensive Commentary provides article-by-article
exploration of EU Regulation 655/2014, analysing and outlining in a
straightforward manner the steps that lawyers, businesses and banks
can take when involved in debt recovery. It offers a detailed
discussion of national practice and legislation in order to provide
context and a deeper understanding of the complex difficulties
surrounding the procedural system created by the European Account
Preservation Order (EAPO) Regulation. Aiming to offer a practical
and comprehensive overview of the EAPO Regulation, this book
highlights its strengths and potential to increase the efficiency
of cross-border debt recovery within the European judicial area.
D'Alessandro and Gascon Inchausti examine the descriptive and
analytical literature focusing on the EAPO Regulation, while also
considering available reports and national case law databases. The
book also takes into account the interplay between the EAPO
Regulation and the other instruments of the European Law of Civil
Procedure, and provides analysis of the case law of the Court of
Justice of the European Union and national courts. Key Features:
Article-by-article commentary and analysis Practical direction in
the field of cross-border debt recovery Detailed discussion of
national practice within the EU A contextual approach Offering a
clear and direct way to address the issues and solutions
surrounding EAPO Regulation, this comprehensive book will be an
ideal companion for legal practitioners specializing in debt
recovery as well as students interested in European law and
finance.
This comprehensive Commentary examines the implications of the EU's
Market Abuse Regulation, introduced following the 2008 financial
crisis after gaps were identified in the existing regulatory
framework. It explores whether and how the Regulation achieves its
aims of preserving the integrity of financial markets by preventing
insider dealing and market manipulation, providing a harmonised
legal framework, and increasing legal certainty for all market
participants. Key features include: in-depth contributions from
leading scholars and practitioners in the field practical
discussion of the interpretation and implementation of the
Regulation, including pertinent national and European case law
systematic article-by-article analysis of the Regulation,
illuminating the purpose of each provision as well as providing
relevant historical and legal context Scholars of EU financial and
banking law, particularly those with an interest in market abuse
and financial crime and corruption, will find this Commentary a
valuable resource. It will also be of great practical benefit for
practitioners and in-house counsel working for or with banks,
investment firms and other financial institutions.
The rise of Fintech and crypto-assets in the payments sector
presents new opportunities and challenges for firms, regulators and
policymakers, and the law is continually changing to keep pace with
these developments. This book provides an overview and practical
examination of key areas of payments law and regulation in the EU
and UK, as well as introductions to analogous legal regimes in the
United States, Hong Kong, Singapore and sub-Saharan Africa. Key
features include: Practical guidance for firms navigating payments
regulation Coverage of a broad range of legal and regulatory issues
affecting payments Contributions by leading legal practitioners who
advise on the relevant topics on a daily basis Discussion of the
latest technological developments in the sector and corresponding
regulatory responses. This book will be an essential resource for
lawyers, in-house counsel and compliance officers in the payments
and Fintech sectors. Law students and academics interested in legal
and regulatory issues relating to payments will also benefit from
this comprehensive book.
This comprehensive and essential Commentary examines both the
origins and effect of the EU's 2015 Payment Services Directive
(PSD2). Addressing a significant gap in the available literature,
the book is divided into two parts: Part I analyses the legislative
provisions of the Directive, while Part II explores the PSD2
implementation experience in selected EU Member States as well as
in the United Kingdom.
This incisive book is an accessible guide to the laws and policies
relating to economic and monetary union (EMU). Providing a rich,
multidisciplinary analysis, it combines historical, legal and
economic perspectives to offer a detailed understanding of how EMU
has developed since its inception and how it works in practice
today. Alberto Saravalle begins with an overview of the history of
EMU, alongside a theoretical analysis of its regulatory framework
and development. He then discusses the events of the European
sovereign debt crisis, examining the measures taken by EU
institutions such as the European Central Bank, as well as the
responses of the Member States and the impact of economic policies
they adopted as a result. Finally, he analyses recent proposed
reforms to EMU and its possible future evolution, including a
discussion of the effects of the Covid-19 pandemic on Member
States' willingness to participate in further reform and
integration. This book will be a valuable reference for those
teaching and studying advanced courses on EU law, as well as
courses that cover the economic history of EU integration. It will
also be useful to practitioners, government officials and
policy-makers wishing to familiarise themselves with the complex
functioning of EMU.
In the Research Handbook on Shadow Banking an international cast of
experts discusses shadow banking activities, the purposes they
serve, the risks they pose to the financial system, and the wider
implications for regulators and the regulatory perimeter.
Contributors offer high-level and theoretical perspectives on
shadow banking and regulatory risks as well as more detailed
explorations of specific markets in shadow banking. With
perspectives from the United Kingdom, the European Union, the
United States, China and Singapore, this Research Handbook
discusses a range of wholesale sector shadow banking activities
including the rehypothecation of markets, securitisation and
derivatives as well as the implications of hedge fund activities
for systemic risk. Further topics of discussion include a range of
shadow banking activities led by financial and technological
innovation, such as online equity and debt crowd-funding, the rise
of exchange-traded funds, and the emergence of crypto-currencies
and distributed ledger technology. Inter-disciplinary, broad and
comprehensive in topic, this Research Handbook will prove to be a
one-stop resource for legal academics and practitioners as well as
for research students and those participating in the financial
industry and trade associations. Contributors include: J.M. Amico,
V. Baklanova, S. Bala, I. Chiu, J. Cullen, E. Curtin, P. de Gioia
Carabellese, A. Donovan, E. Greene, P. Hanrahan, C. Hofmann, M.
Hsiao, C. Johnson, M. Lin, I.G. MacNeil, H. McVea, H. Nabilou, A.M.
Pacces, W. Shen, J. Tanega
What is the future of banking and money? The road passes through
data and digitalization at all levels of activity, from personal
banking through publicly and privately issued digital currencies.
But who is winning and losing ground in the banking sector? Do we
really need central bank digital currencies and how should they and
private digital currencies be designed and regulated to yield the
maximum benefits while reducing the obvious dangers? How should we
regulate the new digital technologies? This book brings you the
answers of senior public sector offi cials, industry leaders and
leading academics. It is the tenth title in the Institute for Law
and Finance's series on the future of the financial sector.
Following many months of debate and lobbying, the new Bills of
Exchange Amendment Act became law on 1 March 2001. This Act seeks
to amend the Bills of Exchange Act in order to simplify and clarify
the law relating to cheques and to accommodate the advances of
technology, as well as to reduce the high incidence of cheque
fraud. The Commentary deals specifically with each amendment, and
gives a clear analysis of its legal effect.;(Supplement to the
Handbook on the Law of Negotiable Instruments - 2nd ed, 1997)
'Already an accomplished scholar Shen Wei offers a masterly study
of the Chinese shadow banking sector in context. The book
constitutes a thorough analysis of the nature of the Chinese shadow
banking sector and of the political events, economic rationales and
institutions that have shaped it. Beyond offering expert legal
analysis this book is also very rich on information and research
about the institutional and economic necessities that have shaped
the Chinese financial system in its present form and gave rise to a
mighty shadow banking sector. The book is very well organized and
competently drafted, thus, it is easily accessible to both the
expert and non-expert reader. I have no doubt that this is bound to
become the standard reference work for everybody wishing to study
the nature of the Chinese shadow banking sector and of the
institutions underpinning it in context.' - Emilios Avgouleas,
University of Edinburgh, UK 'Shadow Banking in China: Risk,
Regulation and Policy by Professor Shen Wei is a timely book,
presenting readers with a comprehensive and coherent
conceptualization of shadow banking in China. It systematically
defines shadow banking, describes how the different types of shadow
banking subsectors -- including wealth management products,
peer-to-peer lending, local government financing vehicles, and
underground lending -- are growing, and examines how Chinese
regulators are responding. It also explains the risk-taking,
economics, and behavioral aspects of each of these subsectors,
revealing the endogenous market forces driving their expansion and
describing how shadow banking is innovatively helping to channel
funding to the cash-starved private sector and real economy.' -
from the Foreword by Steven L. Schwarcz, Duke University, School of
Law In light of the current regulatory regime in China's banking
sector, this book investigates the causes, key forms, potential
risks and regulation of shadow banking in China. The first
China-specific book of its kind, the author takes policy
considerations into account whilst providing an analysis of the
regulatory instruments tackling the systematic risks in its banking
as well as shadow banking sectors. Key shadow banking subsectors
discussed include P2P lending, wealth management products, local
government debts, and the underground lending market. This book
will be of interest to students and scholars in the legal field, as
well as those from other disciplines including social science,
business, and finance. It will also be of use to lawyers,
policymakers and regulators looking for practical solutions in
tackling the issues facing a rising shadow banking sector today.
The Research Handbook on Central Banking focuses on global central
banks as institutions and not abstractions, providing historical
and practical detail about how central banks work and the
challenges they face. This Research Handbook offers the most
interdisciplinary treatment of global central banks published to
date by addressing key questions regarding where they come from,
how they have changed, and the challenges they face during
uncertain times. Divided into two parts, the Research Handbook
firstly takes readers on a global tour, covering central banks in
the US, Latin America, Europe, Eastern Europe, Japan, China,
Africa, and more. In the second part, authors delve into themes of
broad application, including transparency, independence,
unconventional monetary policy, payment systems, and crisis
response. The interdisciplinary mix of contributors include some of
the most prominent names in central banking as well as a new
generation of scholars who are shaping the conversation about
central banks and their role in global politics, economics, and
society at large. Interdisciplinary and innovative, this Research
Handbook will prove essential reading for scholars focusing on
central banks, financial regulation, global governance, and related
areas, as well as for central bankers and employees at central
banks. Contributors include: C. Adam, K. Alexander, A. Berg, R.
Bhala, D. Bholat, C. Borio, F. Capie, P. Conti-Brown, R.
Darbyshire, F. Decker, B. Geva, C. Goodhart, A.G. Haldane, L.I.
Jacome, H. James, J. Johnson, R.B. Kahn, H. Kanda, C. Kaufmann,
R.M. Lastra, X. Liu, S. McCracken, E.E. Meade, S.T. Omarova, R.
Portillo, M. Raskin, A.L. Riso, R. Smits, P. Tucker, F. Unsal, R.H.
Weber, G. Wood, T. Yamanaka, D. Yermack, A. Zabai, Z. Zhou, C.
Zilioli
Using a framework of volatile markets Emerging Market Bank Lending
and Credit Risk Control covers the theoretical and practical
foundations of contemporary credit risk with implications for bank
management. Drawing a direct connection between risk and its
effects on credit analysis and decisions, the book discusses how
credit risk should be correctly anticipated and its impact
mitigated within framework of sound credit culture and process in
line with the Basel Accords. This is the only practical book that
specifically guides bankers through the analysis and management of
the peculiar credit risks of counterparties in emerging economies.
Each chapter features a one-page overview that introduces its
subject and its outcomes. Chapters include summaries, review
questions, references, and endnotes.
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