Economic crime is a significant feature of the UK's economic landscape and yet despite the government's bold mission statements 'to hold those suspected of financial wrongdoing to account' as part of their 'day of reckoning' and 'serious about white-collar crime' agenda, there is a sense that this is still not being done effectively. This book examines the history of the creation of the UK's anti-economic crime institutions and accompanying legislation, providing a critique of their effectiveness. The book analyses whether the recent regulatory regime is fit for purpose as well as being appropriate for the future. In order to explore how the UK's economic crime strategies could be improved the book takes a comparative approach analysing policy and legislative responses to economic crime in the United States and Australia in order to determine whether the UK could or should import similar structures or laws to improve the enforcement of UK economic crime.

The global financial crisis that struck Europe has profoundly affected its political, economic and regulatory landscape. This Research Handbook provides an inter-disciplinary view of State interventions in the banking sector, their control under State aid rules since the financial crisis of 2008 and the progressive emergence of a pan-European regulation of banks in distress. Assessing the policy of bank rescues over the past nine years provides a striking summary of European successes and failures and of the continuing tension between integration and fragmentation forces at play within the EU and its single market. This Research Handbook offers insights from law and economics - on the extent to which the EU/EEA State aid regime is able to address adequately the concerns of financial regulation without losing sight of its primary purpose. The contributors include academics, specialists in financial regulation, lawyers, economists and regulators, who have all followed or been directly involved in cases relating to the financial crisis. The Research Handbook on State Aid in the Banking Sector will appeal to advanced students and academics in law and economics, particularly those with an interest in financial institutions, governance and banking. Contributors include: C. Botelho Moniz, G. Bruzzone, M. Cassella, A. Champsaur, F. Coupe, F. de Cecco, J.-S. Duprey, S. Frisch, C. Froitzheim, P. Gouveia e Melo, J. Gray, V. Iftinchi, B. Joosen, I. Kokkoris, F.-C. Laprevote, S. Micossi, L. Nascimento Ferreira, P. Nicolaides, V. Power, C. Quigley, N. Robins, S. Shamsi, P. Solomon, D.S. Tynes

This exciting volume draws together the views of some of the most eminent figures in corporate law and finance regarding the law on fixed and floating charges. The focus for the book is the litigation in the case of Spectrum Plus, which culminated in a House of Lords judgment in June 2005 ([2005] UKHL 41). This decision has important commercial implications, not only for the parties in the case but also for the business community at large, including banks and other lenders, and practitioners in corporate finance and insolvency. The litigation also raises important juristic questions regarding the fixed/floating charge divide such as the theoretical basis for that divide, how the divide is determined, why it exists at all and whether it ought to be maintained as a coherent doctrine and a beneficial policy. The decision also has important ramifications in both security law and insolvency law and it provides a challenge to some of our most basic conceptions of freedom of contract and the assignability of rights and assets in law and equity. These issues, amongst others, are explored by the contributors to this book. The contributors include Gabriel Moss, who was one of the QCs involved in the Spectrum litigation, Sir Roy Goode, Michael Bridge, John Armour, Robert Stevens, Sarah Worthington, Julian Franks and Oren Sussman, Jenny Payne and Louise Gullifer, Philip Wood, Joshua Getzler, Look Chan Ho, and Nicholas Frome and Kate Gibbons.

Corporate Liability for Insider Trading examines the reasons why there have been no successful criminal prosecutions, or successful contested civil proceedings, against corporations for insider trading, and analyses the various rationales for prohibiting insider trading. It reviews the insider trading regulatory regime and describes its key features, using both national and international examples. The book inspects a variety of criminal and civil models of corporate liability and considers the historical and theoretical basis on which corporations are subject to insider trading laws. The specific elements of the insider trading offence and the manner in which they are attributed to corporations are analysed in detail. Defences available to corporations such as Chinese Walls are explored, and the obligations that are imposed on businesses as a result of insider trading regulation - security trading policies and notifications, continuous disclosure obligations, and duties concerning conflicts of interest - are detailed and examined. The book concludes with reform proposals intended to remedy the many legal and commercial difficulties identified, in order that a new regulatory regime might be adopted to better serve regulators, businesses, investors, and the broader market. This volume addresses these corporate law topics and will be of interest to researchers, academics, financial institution compliance officers, investment bankers, corporate and comparative lawyers, and students and scholars in the fields of commercial law, corporate law, financial crime, company law, and white collar crime

The book sheds light on the perhaps most important legal conundrum in the context of sovereign debt restructuring: the holdout creditor problem. Absent an international bankruptcy regime for sovereigns, holdout creditors may delay or even thwart the efficient resolution of sovereign debt crises by leveraging contractual provisions and, in an increasing number of cases, by seeking to enforce a debt claim against the sovereign in courts or international tribunals. Following an introduction to sovereign debt and its restructuring, the book provides the first comprehensive analysis of the holdout creditor problem in the context of the two largest sovereign debt restructuring operations in history: the Argentine restructurings of 2005 and 2010 and the 2012 Greek private sector involvement. By reviewing numerous lawsuits and arbitral proceedings initiated against Argentina and Greece across a dozen different jurisdictions, it distils the organizing principles for ongoing and future cases of sovereign debt restructuring and litigation. It highlights the different approaches judges and arbitrators have adopted when dealing with holdout creditors, ranging from the denial of their contractual right to repayment on human rights grounds to leveraging the international financial infrastructure to coerce governments into meeting holdouts' demands. To this end, it zooms in on the role the governing law plays in sovereign debt restructurings, revisits the contemporary view on sovereign immunity from suit and enforcement in the international debt context, and examines how creditor rights are balanced with the sovereign's interest in achieving debt sustainability. Finally, it advances a new genealogy of holdouts, distinguishing between official and private sector holdouts and discussing how the proliferation of new types of uncooperative creditors may affect the sovereign debt architecture going forward. While the book is aimed at practitioners and scholars dealing with sovereign debt and its restructuring, it should also provide the general reader with the understanding of the key legal issues facing countries in debt distress. Moreover, by weaving economic, financial, and political considerations into its analysis of holdout creditor litigation and arbitration, the book also speaks to policymakers without a legal background engaged in the field of international finance and economics.

This book is a rare addition to the literature on reforms in banking regulation. It brings together discussion and commentary from distinguished scholars covering the key area of bank corporate governance. The volume is as much reflective as forward looking and would appeal to students, academics and practitioners who wish to keep abreast of developments in this critical field and develop a more in-depth understanding of the complex and challenging nature of bank corporate governance.' - Emilios Avgouleas, University of Edinburgh, UK'This timely and thought-provoking collection explores a number of aspects of the current system of corporate governance in banks, probes their limitations and makes suggestions for further reform. It will be of particular interest to postgraduate students and researchers, academics and policy makers in the fields of banking or corporate governance.' - Andrew Johnston, University of Sheffield, UK Corporate governance in financial institutions has come under the spotlight since the banking crisis in the UK in 2008-9. In many respects, the banking business raises unique problems for corporate governance that are not found in other corporate sectors. The Law on Corporate Governance in Banks is the first work to provide a detailed survey and practical examination of key topical issues in the corporate governance of banks and financial institutions. Combining the insight and expertise of leading corporate lawyers in the field with rigorous academic analysis, the book unpicks and clarifies the legal issues that confront corporate and banking law practitioners when advising banks and financial institutions, including; governance structure, collective board responsibility, directors liability, the role of shareholders, corruption control mechanisms, remuneration, corporate accountability, and risk management. With its practical focus and strong theoretical platform, this book will be an important resource for corporate and financial lawyers seeking to understand and advise on the changing and dynamic legal landscape. Key features of the book include: - An author team of senior practitioners and leading academic experts - Detailed treatment of all the key corporate governance issues in financial sector - Comprehensive and up-to-date legislative analysis of latest reforms.

Derivatives Regulation - Rules and Reasoning from Lehman to Covid provides an indepth examination of the changes made to the regulation of derivatives that were enacted following the global financial crisis of 2008, considering the motivations behind these changes and including insights from the Covid pandemic. Key areas of derivatives regulatory reform are examined, including bank capital and leverage rules, the clearing mandate, uncleared margin rules, and the principles for the regulation of central counterparties. After providing an overview of the global financial crisis, the motivations for these reforms in its immediate aftermath are considered, as well as the impact of these rules on the financial system, using insights from the market stress around the onset of the Covid pandemic in 2020. The book analyses the construction of financial regulation, as well as its nature and how this should be assessed, using tools from the law, economics, and regulatory theory. Global administrative law, cost benefit analysis, and the results of regulatory interventions in other areas throw light on the legitimacy, efficiency, and effectiveness of derivatives regulation. Insights from international political economy are also discussed, situating financial regulation within the regulatory state, while showing how its institutional arrangements shape regulatory outcomes. Suggestions for improving both rules and regulatory processes are considered in the conclusion of the book.

Economic crime is a significant feature of the UK's economic landscape and yet despite the government's bold mission statements 'to hold those suspected of financial wrongdoing to account' as part of their 'day of reckoning' and 'serious about white-collar crime' agenda, there is a sense that this is still not being done effectively. This book examines the history of the creation of the UK's anti-economic crime institutions and accompanying legislation, providing a critique of their effectiveness. The book analyses whether the recent regulatory regime is fit for purpose as well as being appropriate for the future. In order to explore how the UK's economic crime strategies could be improved the book takes a comparative approach analysing policy and legislative responses to economic crime in the United States and Australia in order to determine whether the UK could or should import similar structures or laws to improve the enforcement of UK economic crime.

This is a history-though, intentionally, a brief history-of the rise of law and economics as a field of thought in the U.S. college and law school academy, though the field has expanded to Europe and South America and will expand further as other legal systems develop. This book explains the origins of the field and the sources of its growth during its formative period. It describes the intellectual roots of the field, and the field's relationship to the understanding of the role of the legal system in directing the functioning of the economy. It describes the effect of the Great Depression and the expansion of governmental power on advancing the functional approach. The book then addresses the work of Aaron Director, during the late 1950s, on focusing economic analysis as a means of understanding the effects of the legal and regulatory system on the allocation of resources in the society. Then it turns to the subsequent intellectual founders of the field-Ronald Coase, Guido Calabresi, and Richard Posner-and attempts to explain the significance of their work. It also discusses the efforts of Robert Bork and Henry Manne toward the influence of law and economics on public policy. The book ends with the founding of the American Law and Economics Association in 1991. This is an essential companion to law and economics texts for undergraduate law and economic students and, especially, a general supplement to first-year casebooks for law school students.

The impressive development of the Brazilian stock market over the past few years is reason enough to reflect on such a fundamental economic and regulatory topic by means of a country study. Which macroeconomic factors, institutional changes, and party interaction (market players and government) have to come together in order to successfully reform a national capital market in the age of globalization? Various regulatory techniques and institutional arrangements are examined in the scope of a comparative analysis of institutions.

On September 11, 2001, 19 terrorists committed the largest and deadliest terrorist attack in the United States of America. The response from the inter-national community, and in particular the US, was swift. President George Bush declared what has commonly been referred to as either the 'War on Terror' or the 'Global War on Terror' on September 20, 2001. Four days later, he instigated the 'Financial War on Terrorism'. This book defines and identifies the so-called 'Financial War on Terrorism'. It provides a critical review of the impact of counter-terrorist financing strategies enacted by both individual jurisdictions and international organisations. Taking a comparative approach, the book highlights the levels of compliance in each selected jurisdiction and organisation with the requirements of the 'Financial War on Terrorism'. The book analyses measures introduced by the United Nations, including the UN sanctions against terrorists and the operation of its anti-terrorist sanctions committees, and the Recommendations of the Financial Action Task Force. It also reviews the counter-terrorist financing measures of the European Union and the Council of Europe, paying particular attention to the Framework Decisions on Combating Terrorism, the Council Common Positions on Combating Terrorism and the EU Anti-Terrorism Sanctions Regime. The book goes on to review the measures put in place in the US following September 11, 2001. Offering a much-needed legal analysis of the measures enacted under the 'Financial War on Terrorism', this book is a valuable resource for those researching in law, terrorism studies, criminal justice, and finance.

The German Pfandbrief Act of 22 May 2005 replaced the Mortgage Bank Act, which had been applicable up to that point. The specialized principle for pfandbrief banks was thus eliminated, and today all credit institutions are allowed to conduct pfandbrief transactions if they fulfill the requirements and have received the appropriate permission. The Act also ushered in a harmonization with reforms in the legal field relevant to credit institutions, as well as with developments related to European integration. As the only commentary specialized in this topic on the market, this work provides orientation for the application of the Pfandbrief Act. Special attention was dedicated to documenting all known and practice-relevant problems concerning the Pfandbrief Act and to providing appropriate solutions. The annex includes the texts of the Net Present Value Regulation, of the three Regulations on the Determination of the Mortgage Lending Value (mortgages, airplanes, ships), the Cover Register Statutory Order and the Funding Register Statutory Order (sections 22a - 22o KWG). As a result, this work is an essential and comprehensive reference work for all issues concerning the law on the pfandbrief. Also included: the legislative explanations regarding the reforms 2009 and 2010.

Banking and Capital Markets Companion, 6th edition provides a clear and concise examination of the law, practice and procedure of fund raising in the banking and capital markets. It covers loans, debt securities, derivatives and security for debt using graphics, flowcharts, bullets and summaries to present the subject in an analytical format that is easy to read and recall. It is based on industry standard materials of the Loan Market Association, the International Capital Markets Association, the International Swaps and Derivatives Association and the British Bankers Association and the new edition has been comprehensively revised and updated to take account of new legislation, regulation and case law. There has been considerable change in this area of law since the last edition published. The book is updated to reflect the LIBOR (London Interbank Offered Rate) practice and sovereign debt short selling restrictions and significant case law on Marshalling and ISDA Master Agreements. The tax section is updated to take account of the 2011, 2012, 2013 and 2014 Finance Acts. Legislation and case law includes: . Financial Services Act 2012 setting up the new UK financial structure; .2011, 2012, 2013 and 2014 Finance Acts; . Capital Requirement Directives 3 and 4; . Regulation on derivative market infrastructure (EMIR); . Short Selling Regulation; . Amendments of Prospectus Directive, Financial Collateral Arrangements, Credit agencies regulations, regulation of restrictions on selling of securities - resulting in UK orders amending domestic law. Contents: 1. Debt Finance; 2. Basics; 3. Banking; 4. Loans; 5. Debt Securities; 6. Collateral and guarantees; 7. Derivatives; 8. Opinions; 9. Sovereign Debt; 10. Taxation. Banking and Capital Markets Companion is a much-needed guide for postgraduates studying for their MA, LLM or LPC. It is also an excellent single-volume reference guide for all banking executives, practitioners and newly qualified lawyers seeking a quick answer, or a starting point for in-depth research, on a particular aspect of the subject. Previous print edition ISBN:9781847663085

This book brings together the issues surrounding banking secrecy and confiscation of criminal proceeds. The book examines the existing legal agreements at the international, regional and national levels and their interaction in the substantive areas of confiscation, anti-money laundering and banking confidentiality laws. It looks at how these agreements have been applied in offshore financial centers and demonstrates that despite a number of legally binding UN Conventions as well as global anti-money laundering recommendations, the implementation of them is often lukewarm by those Parties who have ratified the Convention and adopted obligations, because of this the confiscation legislation is incompatible with strict banking confidentiality laws. The work draws on the experience of criminologists to offer critical insight into the legislative frameworks designed to deal with banking secrecy and confiscation in offshore financial centers. It goes on to offer suggestions for measures that may be taken by major economies to circumvent the lack of cooperation by offshore financial centers as intolerance towards money laundering grows in light of recent political and economic events. This book will be of particular interest to students and scholars of Law, Finance and Criminology.

This book shows that a special bank bankruptcy regime is desirable for the efficient restructuring and/or liquidation of distressed banks. It explores in detail both the principal features of corporate bankruptcy law and the specific characteristics of banks including the importance of public confidence, negative externalities of bank failures, fragmented regulatory framework, bank opaqueness, and the related asset-substitution problem and liquidity provision. These features distinguish banks from other corporations and are largely neglected in corporate bankruptcy law. The authors, an assistant professor for money and finance and a research economist at the Dutch Central Bank, propose changes in both prudential regulation and reorganization policies that should allow regulators and banking authorities to better mitigate disruptions in the financial system and minimize the social costs of bank failures. Their recommendations are complemented by a discussion of bank failures from the 2007-2009 financial crisis.

Despite abundant literature on transaction costs, there is little to no in-depth analysis regarding what the transaction is or how it works. Drawing on both Old and New Institutional Economics and on a variety of interdisciplinary sources, this monograph traces the history of the meaning of transaction in institutional economics, mapping its topicality and use over time. This manuscript treats the idea of 'transaction' as a construct with legal, competitive and political dimensions, and connects different approaches within institutional economics. The book covers the contributions of key thinkers from different schools, including (in alphabetical order) Ronald H. Coase, John R. Commons, Robert Lee Hale, Oliver Hart, Mancur Olson, Thorstein Veblen and Olver E. Williamson. This book will be of interest to advanced students and researchers of institutional economics, law and economics, and economics, and the history of economic thought.

Over the last few decades, banks, insurers, pension funds, investments firms and other financial institutions have become subject to sometimes dramatically new, but always substantially more, legislation. This is especially true for the EU. Moreover, Brexit has already caused profound changes to the dynamics of EU financial regulation, and its effects will likely become ever-more significant in the years to come. This book serves as a comprehensive introduction to these developments, and, more generally, to European banking and financial law. It is organised around the three economic themes that are central to the financial industry: (i) financial markets, (ii) banking and financial institutions and (iii) financial transactions. It covers not only regulatory law but also commercial law that is relevant for the most important financial transactions. This Second Edition has been completely revised. The basic structure of the First Edition has been maintained, but all chapters have been thoroughly rewritten and restructured. Attention is now also given to topics such as shadow banking and credit rating agencies. As a matter of course, all new relevant legislation and case law has been included. In addition, on the basis of real-life classroom experience, student questions and further reading suggestions have been updated and expanded.

Begins with the essential questions: - whether brokerage and dealing in securities is regulated in a jurisdiction - what aspects of the activity could bring it in scope for authorisation; and - how it is determined which regulator has legal competence to supervise the business in scope. The recent liberalisation of national authorisation regimes across Europe in the wake of MiFID II and Brexit, which has resulted in tensions with recent attempts by the EU to harmonise centrally the single market authorisation regime, is fully addressed. It reviews the details of the activities of sales, sales trading, trading and execution, what they each constitute (with reference to established communication and order management systems), the potential conflicts of interest that they bring about for a firm and how such conflicts can be managed. Each of these activities are mapped against specific regulatory obligations, such as best execution, pre- and post-trade transparency, inducements, dealing commissions rules, the short selling regime and shareholder disclosures, depicting the obligations schematically to assist the practitioner. Also covers: - dealing commission unbundling, which has reformed the way the provision and consumption of independent research and corporate access are related to execution services, - the question of multilateral trading, in other words the point at which the activity of a broker becomes exchange-like and needs to be authorised as such, - principal trading and the ability of firms to advance risk to their clients in the wake of the Volcker rule in the United States and similar legislation in Germany and elsewhere, - the rise of Systematic Internalisers and the constraints imposed on them, such as the pre-trade transparency requirements and the tick size regime, and - electronic trading, algorithmic trading, direct electronic access and high frequency trading, as well as the risk control framework that is relevant to all these activities.

Over the last ten years mobile payment systems have revolutionised banking in some countries in Africa. In Kenya the introduction of M-Pesa, a new financial services model, has transformed the banking and financial services industry. Giving the unbanked majority access to the financial services market it has attracted over 18 million subscribers which is remarkable given that fewer than 4 million people in Kenya have bank accounts. This book addresses the legal and regulatory issues arising out of the introduction of M-Pesa in Kenya and its drive towards financial inclusion. It considers the interaction between regulation and technological innovation with a particular focus on the regulatory tools, institutional arrangements and government decisional processes through the examination as a whole of its regulatory capacity. This is done with a view to understanding the regulatory capacity of Kenya in addressing the vulnerabilities presented by technological innovation in the financial industry for consumers after financial inclusion. It also examines the way that mobile payments have been regulated by criticising the piecemeal approach that the Central Bank of Kenya has taken in addressing the legal and regulatory issues presented by mobile payments. The book argues there are significant gaps in the regulatory regime of mobile banking in Kenya.

Part of the Oxford EU Financial Regulation Series, this work analyses the implications of the Single Supervisory Mechanism (SSM) and the Single Resolution Mechanism (SRM) for banks in Europe, and the second edition reflects the experience in practice of this regime both economically and legally. The new edition provides reflection on the efficacy and problems with the central banking regulatory regime. There are new chapters on fit and proper testing under the SSM and deposit guarantee schemes. A further additional chapter considers the impact of the Bank Resolution and Recovery Directive (BRRD) and its interaction with the SRM by detailed analysis of relevant case law. Whist offering insightful updates to existing chapters on the Single Rulebook, CRD IV, the SSM and the SRM, the second edition also includes brand new chapters covering a range of subjects. Unique to the second edition, experienced scholars and practitioners explore The Deposit Guarantee Scheme, fit and proper testing within the SMM, BRRD and SRB in practice. This book benefits from the contributions of a team of leading scholars and practitioners who present a range of perspectives and methodologies. Case studies and in depth-analysis is presented to highlight topics such as supervised credit institutions, implications for financial market governance, and risk management and compliance. European Banking Union (second edition) is the ultimate companion for academics, legal practitioners, financial supervisors, and policy makers.

The VAT Carousel Fraud has seriously undermined the financial integrity of the European Union Emissions Trading Scheme (EU ETS). This timely book is the first to give an overview of fraud in the carbon market. Written by a former broker, it presents unique material on the carbon fraud mechanics and analyses the missing trader fraud (VAT fraud) on European carbon allowances markets with a focus on financial and organised crime issues. Fraud and Carbon Markets: The Carbon Connection assesses the weaknesses of the Kyoto Protocol and environmental markets, using statistics as a forensic tool on the capital markets. It describes specific cases, the court investigations and various mechanisms. It addresses issues of money laundering and international fraud on capital markets, such as stock manipulation, by exploring the financial mechanisms of the fraud, their impact on the market behaviour and the consequences on their econometric features. Researchers and students in climate change policy, environmental finance, financial law, organised crime, forensic statistics, financial regulation and risk management as well as financial regulators and policy makers will find this book of great interest.