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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > Banking law
Regulation of the banking industry has undergone substantial
changes over the past decade. In response to the 2007-2009
financial crisis, many new bank regulations were implemented
pursuant to the Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010 or under the existing authorities of bank
regulators to address apparent weaknesses in the regulatory regime.
Chapter 1 provides a broad overview of selected banking-related
issues, including issues related to "safety and soundness"
regulation, consumer protection, community banks, large banks, what
type of companies should be able to establish banks, and recent
market and economic trends. Chapter 2 provides a broad overview of
various banking topicsakey concepts in banking, overview of
regulation, recent banking legislation, and policy issues. Banks
generally must comply with a variety of requirements to hold
minimum levels of capital. Chapter3 provides a brief overview of
these requirements and examines related policy issues. Chapter 4
first provides background information on the consumer data industry
and various specialty areas. It then examines one prominent
specialty areaaconsumer scoringaand describes various factors used
to calculate credit scores. Next, it provides a general description
of the current regulatory framework of the consumer data industry.
Finally, the chapter discusses selected policy issues pertaining to
consumer data reports. Chapter 5 provides an overview of consumer
lending markets, pricing, and legislative efforts designed to
facilitate efficient credit allocation and pricing. The 2010
Dodd-Frank Wall Street Reform and Consumer Protection Act
(Dodd-Frank; P.L. 111-203) established the Bureau of Consumer
Financial Protection (CFPB) to implement and enforce federal
consumer financial law while ensuring consumers can access
financial products and services as reported in chapter 6. Chapter 7
reports on the results of the audits of the fiscal years 2017 and
2016 financial statements of the Bureau of Consumer Financial
Protection, known as the Consumer Financial Protection Bureau
(CFPB), which is incorporated in the enclosed Financial Report of
the Consumer Financial Protection Bureau for Fiscal Year 2017.
Chapter 8 provides an overview of how accounting and auditing
standards are created and regulated in the private sector, the
federal government, and state and local governments
Chinese foreign direct investment in the United States has
generated intense debates. Some welcome it for the immediate
benefits such as job creation; others view Chinese investments,
especially those controlled by the Chinese government, as a
critical threat. The debates have so far missed an important
question: how do Chinese companies investing in the US react to the
host country's law? Ji Li formulates a novel analytical framework
to examine the adaptation of Chinese companies to general US
institutions and their compliance with US laws governing tax,
employment equality, and national security review of foreign
investments. The level of compliance varies, and this variation is
examined in relation to company ownership, including state
ownership. Li's analysis is based on interviews and a unique and
comprehensive dataset about Chinese companies in the United States
that has never been systematically explored.
The European Union regime for fighting market manipulation and
insider trading - commonly referred to as market abuse - was
significantly reshuffled in the wake of the financial crisis of
2007/2008 and new legal instruments to fight market abuse were
eventually adopted in 2014. In this monograph the authors identify
the association between the financial crisis and market abuse,
critically consider the legislative, policy and enforcement
responses in the European Union, and contrast them with the
approaches adopted by the United States of America and the United
Kingdom respectively. The aftermath of the financial crisis,
ongoing security concerns and increased legislation and policy
responses to the fight against irregularities and market failures
demonstrate that we need to understand, in context, the regulatory
responses taken in this area. Specifically, the book investigates
how the regulatory responses have changed over time since the start
of the financial crisis. Market Manipulation and Insider Trading
places the fight against market abuse in the broader framework of
the fight against white collar crime and also considers some
associated questions in order to better understand the contemporary
market abuse regime.
In the wake of the global financial crisis, investors have suffered
significant losses as a result of breaches of conduct of business
rules in the distribution of financial instruments. MiFID II
introduced new disclosure, distribution and product governance
rules to strengthen the protection of investors but, like MiFID I,
did not harmonise the civil law consequences for their violation.
This book asks whether, in spite of the silence of the EU
legislators, the MiFID II conduct of business rules may produce
civil law effects, enabling investors to enforce them against
investment firms before national courts and alternative dispute
resolution (ADR) mechanisms. Building on the case law of the CJEU,
the book shows the conditions under which the breach of MiFID II
conduct of business rules should give rise to a private law remedy,
and what remedies would be compatible with EU law. MiFID II and
Private Law is an essential contribution to academic research in EU
and financial law and will be a key text for policy-makers and
legal practitioners working in the field of investor protection
regulation and mis-selling litigation.
Many infrastructure projects around the world are funded through
the project finance method, which combines private financing with
public sector backing from multilateral finance institutions such
as the World Bank. This examination of the theoretical and
practical implications of such funding begins with a discussion of
the relationship between the financial structuring of these
projects and finance, policy and legal disciplines, especially in
the form of investment law, human rights and environmental law. A
number of case studies are then examined to provide practical
insights into the application (or otherwise) of human rights and
sustainable development objectives within such projects. While
these theoretical perspectives do not conclude that the project
finance method detracts from the application or implementation of
human rights and sustainable development objectives, they do
highlight the potential for the prioritisation of investment
returns at the expense of human rights and environmental protection
standards.
Dieses zweisprachige Buch gilt inzwischen als Standardwerk. Es
liegt nunmehr in 6. Auflage mit Rechtsstand Juni 2010 vor. Der
Ratgeber ist aus der praktischen Arbeit der beiden Autoren
entstanden. Beide befassen sich seit mehr als 20 Jahren mit der
Bearbeitung von deutsch-spanischen Rechts- und Steuerrechtsf llen.
Sie stellen - wo immer n tig - die Probleme nach spanischem und
deutschem Recht dar. Das Buch gibt viele praktische Hinweise und
behandelt u.a. das relevante Kaufrecht, Erbrecht und Steuerrecht
aus beiden Staaten. Er rtert werden Themen mit praktischer
Relevanz, z.B. wie kann die Sicherheit bei Immobilientransaktionen
erh ht werden, welche Steuerwirkungen treten in Spanien und
gegebenenfalls verzahnt in Deutschland auf oder was ist
zivilrechtlich, steuerrechtlich und notariell zu bedenken, wenn
Deutsche in Spanien Immobilieneigentum erwerben oder halten. Es
wird in erster Linie f r deutsche K ufer und Verk ufer ver
ffentlicht. Weil es praxisorientiert ist, kann es aber auch
Verbraucherverb nden, Kreditinstituten und Versicherungen,
Rechtsanw lten, Notaren und Steuerberatern n tzliche Dienste
erweisen. Die vollst ndige Zweisprachigkeit des Buches dient au
erdem der Kommunikation bei Immobilientransaktionen zwischen der
deutschen und der spanischen Seite (K ufer/Verk ufer/Erben) und
erleichtert den Umgang mit den spanischen Beh rden und
Institutionen.
"Read this book. It explains so much about the moment...Beautiful,
heartbreaking work." -Ta-Nehisi Coates When the Emancipation
Proclamation was signed in 1863, the black community owned less
than one percent of the United States' total wealth. More than 150
years later, that number has barely budged. The Color of Money
pursues the persistence of this racial wealth gap by focusing on
the generators of wealth in the black community: black banks.
Studying these institutions over time, Mehrsa Baradaran challenges
the myth that black communities could ever accumulate wealth in a
segregated economy. Instead, housing segregation, racism, and Jim
Crow credit policies created an inescapable, but hard to detect,
economic trap for black communities and their banks. The catch-22
of black banking is that the very institutions needed to help
communities escape the deep poverty caused by discrimination and
segregation inevitably became victims of that same poverty. Not
only could black banks not "control the black dollar" due to the
dynamics of bank depositing and lending but they drained black
capital into white banks, leaving the black economy with the
scraps. Baradaran challenges the long-standing notion that black
banking and community self-help is the solution to the racial
wealth gap. These initiatives have functioned as a potent political
decoy to avoid more fundamental reforms and racial redress.
Examining the fruits of past policies and the operation of banking
in a segregated economy, she makes clear that only bolder, more
realistic views of banking's relation to black communities will end
the cycle of poverty and promote black wealth.
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