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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > Banking law
In recent years, an increasing number of clients and third parties
have filed claims against banks such as for mis-selling financial
products, poor financial advice, insufficient disclosure of and
warning about financial risks. The scope of a bank's duty of care
seems to expand, not only to include protection of consumers
against unclear risks of complicated products but also protection
of professional parties against more obvious risks of relatively
straightforward products. This topic raises many questions, both at
a theoretical and practical level. This book provides a rich source
of information about how various jurisdictions (Germany, Austria,
France, Italy, Spain, the Netherlands, England and Wales, Ireland,
and the United States of America) deal with these questions and how
answers are found or embedded in their national legal systems. The
book also contains a detailed chapter on the MiFID I and II
conduct-of-business provisions. Finally, the book provides a
thorough comparative analysis and perspective.
An effective capital markets industry has existed in South Africa
for over 120 years. As recently as 2015, South Africa was
considered the best regulator of securities in the world. The fall
out from the GFC contained lessons for all markets, but not to the
same extent. In the pursuit of G20 inspired conformity, aspects of
the South African reform agenda may therefore appear replicative of
initiatives in other jurisdictions and, consequently, uncritical in
parts. In light of the fall to forty sixth place in the world in
securities regulation ranking and some uncertainty in respect of
the extent and shape of the reform process, C. King Chanetsa
reviews activities in South Africa along the busy securities and
capital markets value chain, and considers the continuing and
emerging regulatory and supervisory framework.
The multilateral development banks cumulatively channel billions of
dollars annually in development assistance to borrower countries.
This finance is usually spent through processes that incorporate
the public procurement regulations of the banks and it is often a
condition of this finance that the funds must be spent using the
procurement regulations of the lender institution. This book
examines the issues and challenges raised by procurement regulation
in the multilateral development banks. The book examines the
history of procurement regulation in the banks; the tripartite
relationship created between the banks, borrowers and contractors
in funded procurements; the procurement documents and procurement
cycle; as well as how the banks ensure competition and value for
money in funded procurements. The book also examines the banks'
approach to sustainability concerns in public procurement such as
environmental, social or industrial concerns; as well as how the
banks address the issue of corruption and fraud in funded
contracts. Another issue that is addressed by this book is how the
banks have implemented the aid effectiveness agenda. It will be
seen that the development banks have undertaken steps to harmonise
their policies and practices, increased borrower procurement
capacity, taken steps to reduce the tying of aid, and play an
important role in the reform of borrower procurement systems, all
in an effort to improve the effectiveness of development finance.
The book also considers the contractual and other remedies that are
available to parties that may be aggrieved as a result of a funded
procurement. The book analyses, compares and contrasts the legal,
practical and institutional approaches to procurement regulation in
the World Bank, the Inter-American Development Bank, the African
Development Bank, the Asian Development Bank and the European Bank
for Reconstruction and Development.
An accessible, comprehensive analysis of the main principles and
rules of banking regulation in the post-crisis regulatory reform
era, this textbook looks at banking regulation from an
inter-disciplinary perspective across law, economics, finance,
management and policy studies. It provides detailed coverage of the
most recent international, European and UK bank regulatory and
policy developments, including Basel IV, structural regulation,
bank resolution and Brexit, and considers the impact on bank
governance, compliance, risk management and strategy.
Banking Law and Regulation is the ideal textbook to accompany a
modern course at undergraduate and post-graduate levels. A truly
contemporary textbook, it fully addresses the current landscape of
banking law and regulation post the 2008 financial crisis. Coverage
is expertly balanced between transactional, regulatory, and private
law topics across UK banking law, as well as European and
international law, ensuring that this book covers everything needed
for a full understanding. Packed with features, including diagrams,
questions, key takeaways, and key bibliographies, student learning
is supported and consolidated. _ Digital formats and resources This
textbook is available for students and institutions to purchase in
a variety of formats, and is supported by online resources The
e-book offers a mobile experience and convenient access, along with
functionality tools, navigation features, and links that offer
extra learning support: www.oxfordtextbooks.co.uk/ebooks The text
is also supported by online resources, which include web links to
enhance research and updates to the law.
Provides law students with an in-depth introduction to the UCC
without burdening them with unnecessary detail. Citations have been
used to enable the reader to understand the kinds of cases that
might be presented under particular provisions of the Code. The
materials cover payment systems under UCC Articles 3, 4, 4A, and 5,
as well as related statutes, regulations, and operating rules
governing negotiable instruments, the banking system, the Federal
Reserve, clearinghouses, electronic payments, and letters of
credit.
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