Bank failures, crises, global banking, megamergers, changes in technology--the effect of these world events is to weaken existing methods of regulating bank safety and soundness, and even to make some methods ineffective. Federal regulators are evaluating new ways to solve them. Dr. Gup and his panel of academics and regulatory professionals explore these problems and the difficulties in implementing solutions. They point out that global banking, megamergers, and changes in technology are drastically altering the way financial services are delivered. They also argue that existing methods of bank regulation, formulated in the United States and elsewhere as early as the 19th century, are not able to cope with these changes. The search now underway for new methods that are global in scope. Inevitably, they will involve cross-border supervision and international cooperation.

Covering a wide range of topics, from the rationale of banking regulation to optimal banking regulation in the new world environments, this book examines the innovative tools needed to cope with these problems. Greater reliance on market discipline; the use of internal controls based on statistical models, such as Value-at-Risk; and subordinated debt are discussed. This timely, probing analysis of one of the hottest topics in bank regulation today, is an important resource for professionals and their academic colleagues in the fields of banking, finance, investment, and world trade.

Whether employers are self-administering their 403(b) plans, or are using a Third Party Administrator (TPA), the in depth information in this book will provide a guide to the regulations, and the tools needed to correctly operate the plan. Busy School Business Officials can use this guide with payroll or Human Resources personnel to train them in the proper day to day operation of the plan and avoid the pitfalls that would create plan violations. The material is invaluable in maintaining oversight of the TPA, and the providers of product and investments. SBOs using previous editions of the book have reported that its use has provided an "all in one" resource for a step by step program to a worry-free 403(b) plan that benefits both the employer and the employees in this time of concerns about basic pension and social security benefits." The 4th edition contains all available guidance at press time, including the IRS document approval program, and correction procedures for plan failures.

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.

This short monograph examines the tense relationship between central bank independence and democratic legitimation, which has changed as the European Central Bank (ECB) has been entrusted with new tasks and faced unprecedented challenges. The financial and sovereign debt crisis, in particular, has affected the ECB's position within the Economic and Monetary Union without substantial changes in the Union's legal framework. However, the evolution of an institution primarily obligated to maintain price stability into an actor involved in sustaining financial stability, performing banking supervision and supporting economic policy raises the question of whether the high level of autonomy granted to the ECB is justified with regard to the principle of democracy that demands adequate accountability and control. This book identifies requirements for the democratic legitimation of central bank action in relation to specific tasks. Further, it analyses other scales of independence encountered in EU law in order to allow readers to gain a better conceptual understanding of central bank independence.

A compelling explanation of how the law shapes the distribution of wealth What is it that transforms a simple object, an idea, or a promise to pay into an asset that creates wealth? Katharina Pistor explains how, behind closed doors in the offices of private attorneys, capital is created-and why this little-known activity is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the various ways that debt, complex financial products, and other assets are selectively coded to protect and reproduce private wealth. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it.

In the last two decades the Tokyo Stock Exchange implemented several important reforms in regulations, market trading mechanisms, and IT trading systems. In this book we analyze the impact of the evolution of the Tokyo Stock Exchange (TSE), at the same time discussing reforms in stock trading by related accounting standards and legal regulations. With daily stock return and market microstructure data, we analyze how these reforms have significantly influenced the pricing structure and price discovery process of traded stocks, as well as the trading style of institutional investors, individual investors, and high frequency traders. The research methodology we employ is primarily standard market microstructure tests as well as methods used in conventional empirical financial economics. We simultaneously use the most relevant concepts in these fields for our empirical tests and provide a comprehensive picture of trading, price discovery, pricing structure, and public vs. private information dissemination.

This book focuses on Fintech regulation in Asian, situating local developments in broader economic, regulatory and technological contexts. Over the last decade, Fintech - broadly defined as the use of new information technologies to help financial institutions and intermediaries compete in the marketplace - has disrupted the financial services sector. Like other 21st century technological developments, Fintech is a global phenomenon that plays out in local economic, political and regulatory contexts, and this dynamic interplay between global trends and local circumstances has created a complex and fast-changing landscape. Diverse stakeholders (most obviously incumbent financial service providers, tech start-ups and regulators) all pursue a competitive edge against a background of profound uncertainty about the future direction and possible effects of multiple emerging technologies. Compounding these difficulties are uncertainties surrounding regulatory responses. Policymakers often struggle to identify appropriate regulatory responses and increasingly turn to policy experimentation. Such issues add to the challenges for the various actors operating in the Fintech space. This situation is particularly fluid in Asia, since many jurisdictions are seeking to establish themselves as a regional hub for new financial services.

The most ambitious round of multilateral trade negotiations since the formation of the GATT was formally launched in Punta del Este, Uruguay in 1986. With more than 100 nations participating in the "Uruguay Round" negotiations, complex economic problems and difficult political realities made reaching international accord on major trading issues a long and arduous process. The three-volume set presents a history of these negotiations, portraying how participating nations reached their current positions on the proposed major changes in trade in agriculture and textiles, adoption of rules for trade in services, review of existing trade regulations, increased protection of intellectual property rights and the liberalization of the market for many important products. The set contains information which should be useful for all involved in international trade. Legal practitioners, business executives, academics and government officials seeking to understand the position of the important players and grasp the implications of the final agreement should find this factually-objective and politically-neutral account of the negotiations a useful resource. This is volume 1 of the set. The complete set is also available, as are individual chapters, allowing for the purchase of only that information in which a customer has a specific interest.

This book surveys the development of laws surrounding the crime of money laundering and the associated changes in the anti-money laundering (AML) industry. The policy of attempting to deal with crime by attacking its financial products started in the arena of drugs, but quickly moved to organised crime, terrorism, corruption and tax. Now the focus has shifted once again to organised crime and to immigration. In the wake of the failure of the 'war on drugs' a huge amount of money is now being spent on a global surveillance and reporting system, and we do not know whether the system works or not. What Went Wrong With Money Laundering Law? documents the events which, taken independently, could each be seen as rational responses to specific problems and as incremental adjustments to the focus of the law. Taken together, however, it is demonstrated that they have led to significant changes in the law and to the current situation. Underlying the entire AML industry is the crime of money laundering, which, having been devised more to provide a trigger for the reporting machinery than to describe and condemn a particular category of harmful behaviour, is now being used in a far wider range of cases than is appropriate. This book will be of great interest to scholars and practitioners of criminal and financial law, socio-legal studies and criminology.

The trend towards internationalization, especially in the trade and finance sectors, brings with it an urgent need to know about financial transactions and how they affect currencies. Rapid technological developments are having profound effects on financial transactions, the law and the commercial transactions sustained by that law. The progress in the creation of a single currency for use within the European Community have engendered major controversies over acceptable forms of financial transactions. This work presents the national reports and the general report of the panel on financial transactions which convened at the Athens Conference on Comparative Law, 1994. It reviews the interrelationship between modern techniques for financial transactions and currencies, and the general report ties them all together, as well as distinguishing some common themes in dealing with modern financial transactions.

Transfer Pricing and Valuation in Corporate Taxation analyzes the disparities between both federal statutes and regulations, and r- ulations and administrative practice, in a highly controversial area of corporate tax policy: intra-company transfer pricing for tax p- poses. It addresses issues that often mean millions of dollars to in- vidual corporations, and a significant fraction of the federal gove- ment's revenue base. These disparities between law, regulations, and administrative practice are concerning on a number of grounds. First, they - pose considerable economic costs by inducing corporations to engage in a variety of "rent-seeking" activities designed to reduce their - pected tax liabilities, and by requiring the IRS to devote still more to enforcement efforts that are very often futile. Second, they are in- ; herently undemocratic. Administrative practice is currently ad hoc by relying on dispute resolution procedures that can and do yield very different settlements on disputed tax issues from one case to another, the IRS often ends up treating similarly situated cor- rations very differently. Moreover, to the extent that the disp- ity between statute and implementation reflects the IRS's failure to carry out Congress' will, the laws passed by duly elected officials are effectively being superseded by administrative procedure, developed incrementally by individuals who are not answerable to an electorate.

This work conducts a critical examination of Chinese foreign banking law in the context of the international convergence of supervisory standards and practices. If China is to develop a modern and viable banking sector, it needs to put in place a suitable legal infrastructure which is consistent with emerging international supervisory standards, WTO requirements and aspirations for financial sector liberalization. The author argues that the current foreign banking laws are fundamentally out of line with international standards and practices in a number of respects and that legislators and supervisors do not at present appreciate or cultivate commonly accepted supervisory values. The author therefore proposes a set of reforms that would at the same time create a legal environment for competitive equality between foreign banks and protect the safety and soundness of the Chinese banking system. The issues considered include the licensing process for the entry of foreign banks into the Chinese market, the ongoing regulation of foreign banks and foreign bank crisis management or bank failure resolution. The author offers a proposed framework of Chinese foreign banking law which should be of great benefit to existing and prospective foreign banks in China.

Debates about tax policy arise every year in Washington, and legislative changes occur almost as often. In just the past decade, corporate tax burdens were dramatically reduced and then subsequently increased. But who really bears the burden of taxation? Finding a satisfactory way to address this question remains one of the biggest challenges for economists. While much research has explored this issue using annual data on household incomes and expenditures, this book considers the multiple effects of taxes on individuals over their entire lifetimes.

Since annual incomes typically vary from year to year, and change systematically over the course of a lifetime, annual income is not necessarily a good indicator of a person's relative well-being. Instead, Dianne Rogers and Don Fullerton categorize individuals into lifetime income groups, and re-estimate the pattern of earnings over the lifetime of each group. They utilize a general equilibrium model that encompasses household demands, work effort, and savings, and they calculate the distribution of each current tax. Because their model includes all major U.S. federal, state, and local taxes, it can be used to simulate the effects of changes in any of those taxes on investment, productivity, resource allocation, and the distribution of burdens.

Don Fullerton is professor of economics at the University of Virginia and visiting professor of economics and public policy at Carnegie Mellon, School of Urban and Public Affairs. He served as Deputy Assistant Secretary of the Treasury for Tax Analysis from 1985 to 1987. Diane Lim Rogers is assistant professor of economics at Pennsylvania State University.

This comprehensive book will be essential reading for all those involved with fine art, jewellery and specie insurance. David Scully analyses the history, structure and dynamics of the global marketplace for this type of insurance, illustrating key points with real life examples to provide a practical guide to the business. Key features include: Coverage of how insurers determine the value of insured items Examination of relevant legal precedent in the UK and US, including judicial interpretation of exclusions and warranties Explanation of the key risk factors insurers consider, including traditional risks such as fire and theft as well as emerging risks such as defective title, professional liability and fakes and forgeries Specific chapters considering insurance for museums, exhibitions, private collectors, art dealers, jewellers, cash management companies, warehouses, art shippers, and other related businesses. This book will be a valuable resource for insurers in this area, including underwriters, claims professionals and in-house lawyers, and will provide deeper knowledge to lawyers, loss adjusters, insurance brokers and other interested parties. It will also be useful to museum registrars, art dealers and collectors, auctioneers and others, in helping them understand the risks they face.

The Nordic tax systems have recently undergone dramatic changes. Tax bases have been broadened, marginal tax rates have been cut, and the Nordic countries have abandoned the traditional income tax in favour of a 'dual' income tax combining progressive taxation of labour income with a low flat tax rate on capital income. Nordic governments have also experimented with new innovative methods of taxing business income. This book evaluates the Nordic tax reforms in the light of recent advances in the theory of taxation.

The globalization of the securities markets, rapid technological advancement, the perpetration of widespread cross-border fraud and the proliferation of emerging capital markets have made international financial law an increasingly important area of regulation, practice and research. Its significance will continue to grow in the 21st century, making the advent of a book focusing on developments in international securities law extremely timely. Key topics covered in this book include disclosure requirements, insider trading regulation, global offerings, transnational regulatory co-operation, the role of the International Organization of Securities Commissions (IOSCO), memoranda of understanding and emerging capital markets. Discussion of these issues is supported by examination of the law and policy in numerous countries, including developed and emerging capital markets. The author makes detailed analysis of applicable legal principles with regard to a wide range of topics, discusses proposed standards for law reform and makes recommendations to enhance international cooperation.

No government can be sustained without the ability to tax its citizens. The question then arises how can a nation do so in a way that's fair and equitable to taxpayers without distorting incentives or the allocation of resources, while simultaneously promoting economic growth and providing the state with the funds it requires to adequately address the needs of its citizens? This insightful work, featuring contributions from a stellar array of international tax experts and economists, addresses the crucial issues which developed countries will confront in the early decades of the twenty-first century: - The pursuit of tax reform. - Personal tax base: income or consumption? - Tax rate scale: equity and efficiency aspects. - Business tax reform: structural and design issues. - Interjurisdictional issues. - Controlling tax avoidance.

This guide contains a detailed description of the rules in force, referring to case law, prepatory texts, commentaries and memoranda. The book is based on the Community Customs Code, which contains 253 Articles, accompanied by an implementing code of more than 900 Articles, 100 Annexes, and a separate implementing Regulation on relief from import or export duties. It presents an integrated discussion of the Articles of the Code and the implementing provisions being discussed under the main Article of the Code to which they pertain.

This work is the result of a conference held in September 1996 in Germany in honour of Professor Hiroshi Kaneko, Emeritus Professor of Tokyo State University. Some 60 scholars and practitioners of international tax law from Japan and Germany convened to discuss questions of common interest. The first part of the book explores the methods of interpretation of tax statutes and treaties used in both countries, particularly in light of the totally different structure of the Japanese language as compared to European languages. Such differences may be of potentially significant importance to the interpretation of tax treaties, usually concluded in two authentic language versions which are equally binding. The papers in the second part present a detailed analysis of issues of international transfer pricing in Germany and in Japan, highlighting important differences as well as surprising similarities of the two legal systems. The collection of expert papers provides an important contribution to the literature in the field of international and comparative taxation. For the tax practitioner it should be useful reading when he or she is confronted with Japanese tax treaties, the interpretation of which is contested, or with transfer pricing problems in connection with Japan.

This book provides a comprehensive, step-by-step plan that simplifies the myriad complexities surrounding the formation and incorporation of branch offices and subsidiary companies within such havens as the Bahamas, Bermuda, the Cayman Islands, Greece, Hong Kong, Luxembourg, Malta, The Netherlands, Panama, Puerto Rico and Switzerland. In addition, it presents detailed information on each tax haven's economic, legal, political, cultural and geographical aspects, which must be considered if such an enterprise is to operate successfully.;In this compact and informative volume, Adam Starchild reveals the secrets of tax haven business planning for the corporate executive. He details the theory and practice of haven dealings and the incorporation of holding and operating companies. He spells out the advantages and disadvantages of the multitude of haven uses that are available to all companies having any international facets to their business - whether it be manufacturing, importing components, exporting, or services.

In a time of global banking and financial services, globalized money and capital markets, this is a study of German banking law and practice. The articles are designed to cover the subject and take a systematic approach. They are written by experts from authorities, banks and universities. The idea for the book was born in a conference on German and Chinese banking law, held in Beijing/China on October 6th-8th, 1997, and co-sponsored by the Law Centre for European and International Cooperation, Cologne, and the China University of Political Science and Law, Beijing. Inspired by this conference, the authors wrote their contributions in 1998 with due regard to the comparative and international legal perspective of the subject.

Because of its enormous economic power and susceptibility to corruption, public procurement - the purchase by government of goods and services - has come under increasing regulation as world trade expands. Three international leaders in public procurement law fully explain how the procurement award process must be managed to achieve its goals in global market economy. This work should educate government officials, trade lawyers, and students in how to comply with existing and emerging regulatory schemes as they: select a contractor and plan the contract, with detailed attention to terms, conditions and specifications; allow for national security, national industrial development, and environmental protection; get value for money and avoid waste of public funds; publicize contracts; combat corruption; secure successful completion of contracts; balance pressures to buy from domestic sources with the economic benefits of international competition; harness procurement power to promote social and environmental goals; enforce compliance with public procurement rules; and recognize circumstances under which discretion-based (rather than rules-based) initiatives may be more effective.