"Diese Bank ist so m chtig. Die kann machen, was sie will " br stet sich ein Rechtsanwalt, der gerade f r seine Dienste ein Billiggeschenk erhalten hat: Einen Mercedes f r 16.000, -- DM aus der Konkursmasse, der eigentlich 70.000, -- DM gekostet h tte. Die Bank machts m glich. Ganz anders geht sie mit dem Gr nder eines Schreinereibetriebes um, der hier seine Geschichte erz hlt. Trotz guter Auftragslage dreht die Bank dem Betrieb regelrecht den Strom ab. ber das Schicksal des Betriebes und der 10 Mitarbeiter wird in Gerichtsprozessen entschieden, in denen noch nicht eimal der Gr nder und Gesch ftsf hrer des Betriebes geh rt wurde. Gerade der Mittelstand, das Handwerk ist von den oft dubiosen Praktiken der Banken besonders betroffen. Die Konkursstatistik gibt dar ber Auskunft. Der Autor ist Gr ndungsmitglied des Bundesverbandes der Bankkunden e.V. und berichtet ber die Gr ndung und die Liquidierung seines Handwerksbetriebes, ber die M glichkeit des Widerstandes und des pers nlichen und gesch ftlichen berlebens. Er ist heute Gesch ftsf hrer einer erfolgreichen GmbH.

Electronic banking is a rapidly expanding and complex area. The aim of this new edition is to assist understanding of the legal issues in this area for both legislators and draftsmen. Electronic Banking has developed at a breathtaking pace and it is very important that the law keeps up with changes in the area. Specific events have made it even more essential for an updated text on this subject; the development of payment clearing since the deregulation of cross-border flows of funds, the development of capital adequacy ratios and the Euro. Electronic banking practices affect even the simplest daily transactions, a thorough understanding of the subject is therefore vital. The second edition of Cross Border Electronic Banking 2nd Edition sees substantial developments. It explains the increasingly complex emerging payment system for the information economy. The chapters on Bolero and Swift are key for the banking industry, these are very - yen]hot-- topics that are yet to be covered by other books. The text looks at both business to business transactions and banker-customer relationships. It also discusses the latest developments including the new EC Directive on regulating the issui

This text looks at the options that the law provides, both domestically and internationally. It also explains the various opportunities available to reduce risk and organize and administer rescue packages for ailing institutions. This edition addresses the new civil procedures rules in England; arbitration in banking and finance; rescues; EC remedies and English law remedies.

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

Winner of the 2016-2018 KG Idman Prize. This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice. This book is an important contribution to the future of secured transactions law in Europe and more widely. It will be of interest to academics, policymakers and legal practitioners involved in this field.

The global financial and economic crisis which started in 2008 has had devastating effects around the globe. It has caused a rethinking in different areas of law, and posed new challenges to regulators and private actors alike. One of the emerging issues is the apparent eclipse of boundaries between different legal disciplines: financial and corporate lawyers have to learn how public law instruments can complement their traditional governance tools; conversely, public lawyers have had to come to understand the specificities of the financial markets they intend to regulate. While commentary on financial regulation and the global financial crisis abounds, it tends to remain within disciplinary boundaries. This volume not only brings together scholarship from different areas of law (constitutional and administrative law, EU law, financial law and regulation), but also from a variety of backgrounds (academia, practice, policy-making) and a number of different jurisdictions.The volume illustrates how interdisciplinary scholarship belongs at the centre of any discussion of the economic crisis, and indeed regulation theory more generally. This is a timely exploration of cutting-edge issues of financial regulation. '...a very welcome addition to the limited European legal literature on the global financial crisis...it constitutes an important contribution in the field and it is certainly to be applauded for paving the way for further cross-disciplinary discussion amongst lawyers'. Mihalis Dekastros, European Journal of Legal Studies, 2014, Vol 7 '...Ringe and Huber's book provides important, if not indispensable elements for a coherent theory and doctrine of the law within the financial crisis'. Matthias Ruffert, Common Market Law, 2015, Vol 52 (1) '[T]his book is interesting for anyone working in a dynamic area of law. Academics will want to go through it in its entirety...' Dimitrios Kyriazis, Law Quarterly Review, 2015, Vol 131

This topical and accessible work analyses the deposit protection and bank resolution regimes in the EU and UK. The book examines key amendments to the regulatory framework post crisis, such as the Bank Recovery and Resolution Directive, and the impact of these changes on banks, legal practitioners and regulators. The book provides an assessment of current deposit protection schemes and insurance in the context of financial stability, and highlights the UK regime's limitations in relation to the US and EU systems, and possible areas for reform. All issues relating to deposit protection schemes are covered, providing a comprehensive analysis and comparison between the UK, EU and US regimes. Most importantly, a novel approach is followed, which addresses the much discussed objective of financial stability from a different perspective: by enhancing and focusing on depositor protection.

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.

This book examines systematically the current systems of secured lending in China and Hong Kong, where companies or individuals offer personal property as security for credit advanced by a lender. Valid and enforceable security reduces the risk to the lender and so lowers the cost of credit to the borrower. However, the Hong Kong system, being largely derived from English law, is highly complex and in need of root-and-branch reform. The forces of inaction have triumphed and valuable opportunities to create a modern, rational and efficient system have been squandered. In China, on the other hand, a completely new system has been created in the last twenty years which, whilst it has various problems and defects, has some notable advantages over the common law equivalent found in Hong Kong.

The most comprehensive single-volume practitioner reference work on financial regulation, Financial Services Law has been thoroughly revised and updated to take account of the major developments in a rapidly developing regulatory landscape. The updated text analyses all of the substantial institutional and structural changes brought, or to be brought, into effect under the additional new key statutes adopted in the financial area including specifically the Financial Services (Banking Reform) Act 2013 and the Bank of England and Financial Services Act 2016. The major new regulatory initiatives are covered in detail, including the Senior Managers Regime (SMR) and Certification Regime (CR).There is also coverage of new individual statutory offences, bank ring-fencing, depositor preference, bail-in stabilization and crisis management, resolution planning, payment system reform, and further Bank of England governance and PRA reform. Since the last edition there have been many developments at European level and the fourth edition takes full account of these including the Capital Requirements Directive IV, Solvency II, and MiFID II. At domestic level the division of the FSA Handbook of Rules into the PRA Rulebook and the FCA Handbook has been covered in two new chapters. There are also new chapters on 'Individual Accountability and Liability' following commencement of the Senior Managers and Certification Regimes, and on 'Consumer Credit' following the transfer of regulatory responsibility for this to the FCA. Additionally, the material on enforcement has been significantly developed in this new edition. Financial Services Law is the leading work on financial regulation for practitioners and scholars requiring a holistic treatment of the regime in the EU and UK.

For banks, insurance companies and securities firms preparing to capitalize on the rapidly accelerating trend towards financial services convergence, the possibilities are virtually endless. Unfortunately, so is the list of Federal laws and regulations with which they will have to contend on their way to entering and succeeding in a new sector. How can you help your company or client effectively navigate the regulatory maze and clear the hurdles inherent to cross-sector mergers, acquisitions and new product or service introductions? Aspen Publishers' new "Banking and Financial Services: Banking, Securities and Insurance Regulatory Guide" will help you comply with all the requirements. This book provides sweeping coverage of essential financial services regulation. Up-to-date with the latest wave of agency rulings and releases, the Guide cuts through much of the confusion associated with the Gramm-Leach-Bliley Act and spotlights the points where key banking, insurance and securities regulations intersect. You'll be fully briefed not only on regulatory content but, more importantly, on how the regulations interact with each other and how this interaction may bolster or hinder specific business strategies. It offers expert insight and analysis to help you proceed with confidence. The Guide helps you develop and implement a convergence strategy that fully reflects the current regulatory and supervisory landscape. Author, Melanie Fein provides clear, practical commentary to help you evaluate the options and ultimately decide which financial service markets, products and partners are most viable for your company or your clients. It presents vital "red flags" pinpointing regulatory obstacles and pitfalls. As key agencies - including the SEC, the FDIC, the Federal Reserve Board and the Comptroller of the Currency - increase their focus on supervision and enforcement, it is essential that your company or clients steer clear of common but potentially serious regulatory pitfalls. Turn to the Guide to quickly discover which activities are off limits to which entities, what little-known regulations can lead to big problems, and more.

This book looks at the historical use of allegations of unconscionable conduct within the context of independent trade finance instruments, such as letters of credit and demand guarantees. It makes a detailed survey of the law of unconscionable conduct, the complexities of the doctrine of independence, and the circumstances where the former prevails to provide relief from abuse.It also completes a wide-ranging, sequential audit of the relevant case law in both Singapore and Australia where unconscionable conduct was alleged in independent instrument matters. The audit examines every case along the lines of precedent and details the contribution each makes to the law.Focussing on the jurisdictions of Singapore, Australia, and Malaysia, the book lays out the case for the broad adoption of unconscionable conduct in this domain. With its premises founded in precedent and statute, it describes the elements of independent instrument unconscionability as already laid down in law and links it to international banking practice.

Title 12 presents regulations governing banking procedures and activities of the Comptroller of the Currency, the Federal Reserve System, the Federal Deposit Insurance Corporation, the Export-Import Bank, Office of Thrift Supervision, Farm Credit Administration, and the National Credit Union Administration. It also contains regulations pertaining to other types of banking operations. Additions and revisions to this section of the code are posted annually by January. Publication follows within six months.

Title 12 presents regulations governing banking procedures and activities of the Comptroller of the Currency, the Federal Reserve System, the Federal Deposit Insurance Corporation, the Export-Import Bank, Office of Thrift Supervision, Farm Credit Administration, and the National Credit Union Administration. It also contains regulations pertaining to other types of banking operations. Additions and revisions to this section of the code are posted annually by January. Publication follows within six months.