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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law
The Papers collected in this volume are those presented at the tenth Collo- quium arranged by the Societe Universitaire Europeenne de Recherches Fi- nancieres (SUERF), which took place in Vienna in April 1982. The Society is supported by a large number of central banks, commercial banks, and other financial and business institutions, as well as by academics and others interested in monetary and financial problems. Since its estab- lishment in 1963 it has developed as a forum for the exchange of informa- tion, research results and ideas, valued by academics and practitioners in these fields, induding central bank officials and civil servants responsible for formulating and applying monetary and financial policies. A major activity of SUERF is to organise and conduct Colloquia on sub- jects of topical interest to members. The titles, places and dates of previous Colloquia for which volumes of the collected Papers were published are noted on page 421. Volumes were not issued for Colloquia held at Tar- ragona, Spain in October 1970 under the title "Monetary Policy and New Developments in Banking" and at Strasbourg, France in January 1972 un- der the title "Aspects of European Monetary Union".
Corporate tax reform is in the air. Competitive pressures from globalization, as well as skyrocketing budget deficits, are forcing lawmakers to rethink how America's largest businesses are taxed. Some want to close loopholes. Others want to end all U.S. tax on foreign profits. Some want to lower rates, while still others want to abolish the corporate tax altogether and replace it with an entirely new system. Unlike many other books on tax policy, Corporate Tax Reform: Taxing Profits in the 21st Century is not selling an idea or approaching the issue from a particular political slant. It boils down the complexity of corporate taxation into simple language so readers can make up their own minds about the future of this controversial tax. For too long, the issue of corporate tax reform has been the exclusive domain of lawyers and economists who devote their entire adult lives to studying the tax. Corporate Tax Reform: Taxing Profits in the 21st Century opens the door on these issues to all concerned citizens by providing a compact guide to the economics and politics of the current debate on corporate tax reform. * Provides an overview of the corporate tax and the possibilities for reform * Discusses the impact on businesspeople and individual taxpayers * Boils down complex tax concepts boiled into simple language * Spurs lively discussion of the political issues without political bias * Includes a discussion of ideas for revamping taxes for individuals, since the corporate and individual tax codes are interrelated What you'll learn * Why economists want to abolish the corporate tax * Why politicians can't get rid of the corporate tax * What the biggest and the slimiest loopholes are * The ramifications of all possible outcomes for businesspeople * How the U.S. tax code compares to foreign competitors * The major options for reform, including the flat tax * How politics and tight budgets will shape the debate before and after the 2012 election * Why individual taxpayers have a stake in the outcome of this debate Who this book is for Corporate Tax Reform: Taxing Profits in the 21st Century is for citizens concerned about America's future who want to get beyond the economic jargon and political rhetoric that dominates most discussion of business tax policy.As the debate on the complex issue of corporate tax reform rages in Washington, Corporate Tax Reform: Taxing Profits in the 21st Century is a beginner's guide that is useful to business executives, market analysts, journalists, lawmakers, government policy analysts, lawyers, accountants, as well as students of public policy, law, accounting, and economics. Table of Contents * Let the Debate Begin * Profits and Profit Tax, By the Numbers * The Overwhelming Case against the Corporate Tax * Why the Corporate Tax Won't Go Away * Cut the Rate * Where the Money Is * Corporate Tax Expenditures * How Should Foreign Profits Be Taxed? * Globalization and the Modern Multinational * Pass-Through Entities * State Corporate Taxes * Corporate Tax Simplification * Fundamental Tax Reform * More Bold Reforms * The Budget and Political Reality * Notes on the Tables * Further Reading
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.
How effectively can governing mechanisms forged before the surge of activist investment continue to protect shareholders and efficiently order capital markets? This is a pressing question for scholars and practitioners of corporate law, as well as for market participants generally. In order to illuminate the extent to which the growing trend of shareholder activism calls for a new understanding of the kind of shareholder-corporate relations the law should facilitate, this book introduces the concept of shareholder-driven corporate governance. This concept refers to the evident phenomenon of shareholder involvement in corporate governance and offers a normative endorsement of this development. In order to secure the benefits of investors' increasing involvement in corporate affairs, regulatory regimes must grapple with a number of considerations. This book is based on the idea that shareholder corporate governance is a welcome development, but that it does not come without regulatory challenges. For one, it requires rejecting the idea that well-ordered capital markets can be achieved through corporate law which is subservient to private ordering. The mandatory character of, for example, securities regulation is vital to fostering shareholder involvement in corporate affairs. Defenders of shareholder corporate governance must also confront the matter of "wolf packs," or loosely formed bands of investors who defy existing regulatory categories but nonetheless exert collective influence. Regulation that is sensitive to both the inadequacies of past approaches to corporate-shareholder relations and the novel challenges posed by increasing shareholder activism will be able to harness activism, allowing capital markets to flourish.
This book was the first comprehensive treatment of credit cards in the global economy. The topic is timely not only because of the attention focused on cards as a contributor to the substantial rise in consumer borrowing, but also because of the role of cards in the recent retrenchment in the US bankruptcy system. Relying on data from the US, the UK, Canada, Australia, and Japan, Charging Ahead includes the first careful statistical analysis of the relation between the rise of credit card use and broader macroeconomic phenomena like consumer borrowing, savings, and bankruptcy. It also provides a broad narrative of how credit cards have come to be used so differently around the world. Finally, it sets out a detailed and coherent program for regulatory intervention grounded in both empirical analysis and the existing theoretical literature.
Taxation is a subject of enquiry that cuts across a range of disciplines, including law, economics, politics, psychology, history and accountancy, to name a few. However, research into taxation as a social and institutional phenomenon - rather than as abstraction from the real world - is largely neglected. Taxation: A Fieldwork Research Handbook opens up new avenues of enquiry in the research of taxation by offering suggestions on how research might be conducted into actual tax practice, rather than abstract models. This book:
Given the importance of taxation to modern society, not only as a revenue raising mechanism, but also as a tool of governance used to influence social actors, this unique text is a vital read for any social science researcher interested in this subject.
This is the first book to provide a detailed and thorough conceptual analysis of the unit trust. Such analysis is not just of academic interest: it is of much practical relevance too. The author examines such topics as the nature of the unit trust, the interaction of unit holders, the manager's legal position, and the trustee and manager relationship. The book will be invaluable to all those requiring a better understanding of the unit trust.
Micheler analyses the German, Austrian and English law of securities, addressing the rules governing transfers of securities, including unauthorised transfers, equities arising out of defective issues, and the holding of securities through intermediaries. The book presents an account of the current English, German and Austrian regimes. It has been written with a view to explaining the German and Austrian regime to readers with a common law background and to explaining the English regime to readers with a civil law background. Micheler also aims to determine whether globalisation will cause the two different approaches to converge. It concludes that the respective rules in all three jurisdictions have historically evolved consistently with incumbent legal doctrine. This pattern of change is likely to continue. Convergence will occur on a functional rather than doctrinal level. Moreover, recent reform initiatives advanced by the UNIDROIT and the EU will lead to functional rather than doctrinal convergence.
Ernst Jaeger (1869-1944) played a pivotal role in shaping the study of bankruptcy law and composition and interpreting it for practical use. He accompanied contemporary legal practice with both commentaries and several series of essays. In his work, Jaeger constantly interpreted insolvency law with regard to specific cases and problems. The volume features a detailed introduction by the editor and a user-friendly index.
Einleitung.- Zielsetzung eines Anzeigepflichtsystems.- Rechtliche Rahmenbedingungen.- UEberlegungen zur Ausgestaltung eines Anzeigepflichtsystems in Deutschland.- Abschliessende Bewertung: Die anzeigepflicht als Bestandteil eines fairen Steuersystems.
In recent years financial conglomerates have been established throughout Europe. This horizontal diversification has attracted a great deal of attention in the banking and insurance sector, and has alarmed the supervisory authorities and the European Commission. Financial Conglomerates: New Rules for New Players? gives a broad, innovative survey of the following aspects: it analyzes different sets of definitions of financial conglomerates, groups, consolidation criteria, etc., testing the practical effects of these definitions on the basis of a detailed relational database; although the benefits of financial conglomerates are straightforward, it is clear that quite a number of potential risks cannot be ignored; moreover, the differences in regulation of the solvency requirements for banks, insurance companies and investment firms are analyzed in order to look for a possible approach for calculating the necessary level of solvency for financial conglomerates. Audience: Required reading for practitioners as well as academic researchers in both the financial and the insurance markets. Strategic as well as regulatory perspectives are relevant disciplines.
Many common law countries inherited British income tax rules. Whether the inheritance was direct or indirect, the rationale and origins of some of the central rules seem almost lost in history. Commonly, they are simply explained as being of British origin without more, but even in Britain the origins of some of these rules are less than clear. This book traces the roots of the income tax and its precursors in Britain and in its former colonies to 1820. Harris focuses on four issues that are central to common law income taxes and which are of particular current relevance: the capital/revenue distinction, the taxation of corporations, taxation on both a source and residence basis, and the schedular approach to taxation. He uses an historical perspective to make observations about the future direction of income tax in the modern world. Volume II will cover the period 1820 to 2000.
This book was the first comprehensive treatment of credit cards in the global economy. The topic is timely not only because of the attention focused on cards as a contributor to the substantial rise in consumer borrowing, but also because of the role of cards in the recent retrenchment in the US bankruptcy system. Relying on data from the US, the UK, Canada, Australia, and Japan, Charging Ahead includes the first careful statistical analysis of the relation between the rise of credit card use and broader macroeconomic phenomena like consumer borrowing, savings, and bankruptcy. It also provides a broad narrative of how credit cards have come to be used so differently around the world. Finally, it sets out a detailed and coherent program for regulatory intervention grounded in both empirical analysis and the existing theoretical literature.
In this updated edition, author Nicola Jentzsch provides an in-depth analysis of the economics and regulation of financial privacy. You get a comparative overview of credit reporting systems in the US and in the 27 member states of the European Union. This is the "most in-depth study of the history and economics of credit reporting to date," according to David Medine, former Associate Director of the U.S. Federal Trade Commission.
This work contains a comprehensive presentation of liquidation according to section 84 InsO in the event of an insolvency debtor's participation in a community or company. This work also focuses on the insolvency-related features resulting from the liquidation procedure. In addition, the very role of the insolvency administrator in each phase of the liquidation is called into question. Various problem areas are identified and the procedure is evaluated in terms of its legal efficiency. The focal point of the evaluation is the question of how solutions suitable for daily practice can be applied to these issues.
Challenges facing central bankers are expertly examined and analyzed. The book explores monetary policy and financial crisis as well as insolvency, collective action clauses, international mediation, and management of central banks. The author has worked as an economist at the Monetary and Economic Department of the Bank for International Settlements and as an international mediator for the Secretariat of the G10 Ministers and Governors.
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.
'This is a most useful book which nicely combines theory and practice. In it the authors provide a framework which helps us better understand the nature of modern financial crises and how monetary and regulatory policies interact in delivering price and financial stability. Certainly worth reading by academics, policymakers and all those interested in deepening their knowledge of how modern financial systems work in both good and bad times.' - Jose Vinals, Standard Chartered, UK 'This collection of papers is a remarkable tour de force. Goodhart and Tsomocos have made pioneering steps toward understanding the causes of financial crises and showing how the financial system can be regulated to reduce and mitigate them. A must-read for anyone interested in financial stability.' - Doyne Farmer, University of Oxford, UK 'Today almost everyone realizes the crucial importance of liquidity, a painful lesson taught by the global financial crisis. This collection records that Goodhart and Tsomocos were early and persistent voices, initially in the wilderness but now almost mainstream, showing the way forward by clothing old wisdom in new modelling.' - Perry G. Mehrling, Columbia University, US Charles Goodhart and Dimitrios P. Tsomocos examine the interaction of monetary and regulatory policy to achieve the important goals of price and financial stability. Their focus is on the relationship between liquidity and default in the post-crisis context, with special emphasis on macroprudential regulation. Exploring how financial stability can be continually assessed and measured, Financial Regulation and Stability discusses the interrelationships between liquidity and default. Without default there would be no concern about liquidity. But the financial crisis was not just a liquidity problem, it requires a general equilibrium model. The authors' model delineates all the potential interrelationships between the real and financial sectors of the economy, with special emphasis on the interaction between liquidity and default. Economists and central bankers will greatly benefit from the practical advice offered in this book to aid financial stability. Advanced students of financial economics will also find this a vital read to understand the consequences of the 2007-8 financial crisis in more depth and the lessons to be learnt.
The years from 2000 to 2010 were bookended by two major economic
crises. The bursting of the dotcom bubble and the extended bear
market of 2000 to 2002 prompted Congress to pass the Sarbanes-Oxley
Act, which was directed at core aspects of corporate governance. At
the end of the decade came the bursting of the housing bubble,
followed by a severe credit crunch, and the worst economic downturn
in decades. In response, Congress passed the Dodd-Frank Act, which
changed vast swathes of financial regulation. Among these changes
were a number of significant corporate governance reforms.
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.
Banking Law Day 2010 in Bonn addressed the topics of "Investor Protection in the Securities Business" and "Terms and Conditions in the Banking Industry." Under the direction of Klaus J. Hopt and Volker Vorwerk, expert speakers from academia, daily practice and legislature debated the issues.
In most capital markets, insider trading is the most common violation of securities law. It is also the most well known, inspiring countless movie plots and attracting scholars with a broad range of backgrounds and interests, from pure legal doctrine to empirical analysis to complex economic theory. This volume brings together original cutting-edge research in these and other areas written by leading experts in insider trading law and economics. The Handbook begins with a section devoted to legal issues surrounding the US's ban on insider trading, which is one of the oldest and most energetically enforced in the world. Using this section as a foundation, contributors go on to discuss several specific court cases as well as important developments in empirical research on the subject. The Handbook concludes with a section devoted to international perspectives, providing insight into insider trading laws in China, Japan, Australia, New Zealand, the United Kingdom and the European Union. This timely and comprehensive volume will appeal to students and professors of law and economics, as well as scholars, researchers and practitioners with an interest in insider trading. Contributors: K. Alexander, S.M. Bainbridge, L.N. Beny, S.F. Diamond, J. Fisch, J.M. Heminway, M.T. Henderson, N.C. Howson, H. Huang, K. Kendall, S.H. Kim, T.A. Lambert, K. Langenbucher, D.C. Langevoort, H.G. Manne, M. Nelemans, A. Padilla, A.C. Pritchard, J.M. Ramseyer, M.C. Schouten, H.N. Seyhun, A.F. Simpson, J.W. Verret, G. Walker |
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