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.

"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.

This new commentary analyses, article by article, the two most important regulations on the European banking union: firstly, the Single Supervisory Mechanism with the ECB as the single supervisory authority for major banking institutions; and secondly, the Single Resolution Mechanism with the Single Resolution Fund as the centralized decision-making body in the eurozone.

A comprehensive guide to the rules and regulations that govern the UK financial services industry, providing: - Analysis of the various laws and regulations and how they impact on customer relations and retail products - An outline of the protection given to clients' money and the functioning of the prudential requirements - An explanation of the rationale and operation of enforcement procedures - Details of requirements as they apply to professionals who engage in financial services activities as an incidental part of their professional activities - A consideration of recently implemented EU initiatives The fifth edition has been fully updated in line with the post-EU regime and in addition includes updates to: - the new investments and investment activities and the FCA rules and their impact - the FCA authorisation procedures and their impact - the approved persons regime - the rules and, in particular, their applications in relation to retail products and customer relations - the rules in relation to professionals as well as coverage of: - the EU Market Abuse Regulation - 4th and 5th Money Laundering Directives in their UK form including additional examples of enforcement actions and prosecutions and the lessons to be learned - new case law in relation to enforcement and the lessons learned Covering the latest developments, this valuable text is set out in the context of common practice and is indispensable for those working within or otherwise associated with the financial services industry, namely lawyers, compliance officers, auditors, financial advisers, consultants, academics and students.

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.

In A Critical Appraisal of Initial Coin Offerings: Lifting the "Digital Token's Veil", Dominika Nestarcova examines the regulatory treatment of initial coin offerings ('ICOs'), a novel form of raising capital, where start-up companies issue blockchain-based assets ('digital tokens') to the public in return for a payment. The ICO model promises to utilize blockchain technology to enforce financial contracting via the underlying code, thereby substituting the traditional securities regulation. Dominika Nestarcova provides an in-depth analysis of this promise by examining the nature of digital tokens, the process, underlying benefits and risks to the model and the current state of the ICO regulation with an aim to uncover how the self-regulatory promise offered by ICOs lives up the expectations.

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.

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

The 2011 Banking Law Day in Munich was devoted to increasing investor protection and the creation of a new legal framework for the financial restructuring of firms. Academics and professionals gathered to discuss these topics under the moderation of Thomas Schurmann and Thorsten Hoche."

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.