Because of the vast and growing economic powerhouse that is China today, businesses and other investors worldwide are looking more and more to that country's resources. Correspondingly, the Chinese government has developed (and continues to develop) a unique and complex system of banking law and regulation that merits the close attention of anyone doing business in China.In this authoritative book, a leading Chinese expert on financial and economic law thoroughly explains the functions, activities and procedures that characterize the behaviour of financial institutions under current Chinese law. Organizing his presentation under three overarching headings - central banking law, domestic banking law, and foreign banking law - he describes such crucial distinctions and clarifications as the following in detail: control of monetary policy formulation and implementation by the People's Bank of China (PBOC); modern central banking functions of the PBOC; independence and accountability of the PBOC; requirements and procedures for banking entry; specific risk-based regulatory and supervisory requirements of the China Banking Regulatory Commission (CBRC); problem bank resolutions of the CBRC; foreign banking law developments before and post WTO transitional period; and impact of new foreign banking regulations and rules on foreign bank activities in China."Banking Laws in China" is an essential guide for international bankers and their counsel, and a welcome source of important information and insight for business persons interested in the Chinese market or Chinese resources, as well as for international business lawyers. Academics in banking law and related economic disciplines will also find much to interest them here.

The third edition of Consumer Bankruptcy is a case book designed for a two- or three-unit law school course focusing solely on the unique issues that arise under the United States Bankruptcy Code when an individual with primarily consumer debts files for bankruptcy. The book fully explores the complexities introduced in 2005 with the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act, legislation that clearly sets out consumer bankruptcies as a very technical sub-specialty in the field of bankruptcy. Covered in this book are the barriers to entry by a consumer into chapter 7 liquidation, issues relating to discharge of debt, chapter 13 plans and chapter 13 cases converted to chapter 7. About the author: David Gray Carlson is Professor of Law at the Benjamin N. Cardozo School of Law. He is the author of a treatise on secured credit in bankruptcy and of over sixty law review articles on various aspects of bankruptcy and debtor-creditor law. Five of these articles concern the effect of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act, which revolutionized the law of consumer bankruptcies. He has taught a basic bankruptcy course for 25 years, before concluding that consumer bankruptcies had become such a sub-specialty that it is better taught in a course separate from the basic course. Besides teaching at Cardozo Law School, Carlson has taught at George Washington University Law School, University of Miami Law School, University of Michigan Law School and Washington & Lee School of Law.

Lifetime distribution and redistribution is analysed in this book, in far more detail than has been attempted before. A dynamic cohort microsimulation model is used as an exciting new tool to analyse several questions which have previously been almost impossible to answer. These questions concern income distribution and redistribution, social security and income tax incidence. This book will be of interest to those working in social and economic policy who are concerned about such issues. It will also be of interest to the rapidly growing numbers of researchers and government analysts constructing microsimulation models.

Si usted es una de las personas que recibi una noticia del IRS o est bajo el escrutinio de una auditoria, este libro tiene la posibilidad de ayudarlo y darle un poco de orientaci n en ese penoso proceso. Esta escrito con el fin de leerlo desde la primera hasta la ltima p gina de una manera sencilla para que se pueda entender sin mayores complicaciones. Es adem s y, por as decirlo, un pionero en este tema en el idioma espa ol, debido a que es el primer libro en espa ol que se escribe, publica y vende en referencia a tema de auditor as de los impuestos en los Estados Unidos de Am rica. Despu s de leerlo usted podr tener una idea m s concreta y correcta de lo que es una auditoria m s all del conocimiento com n, adem s le da la posibilidad de conocer sus deberes, obligaciones y derechos en cuanto a impuestos se refiere. Todos los contribuyentes tienen diferentes puntos de vista e intereses en lo que a impuestos se refiere, por esa raz n este libro est escrito de una manera f cil de entender. Mas sin embargo las leyes y regulaciones de los impuestos est n escritas en miles y miles de p ginas, las cuales reposan en la biblioteca del congreso de los Estados Unidos, lo que indica que para entender bien lo que son los impuestos, sus leyes y regulaciones, se necesitar a leer m s que un libro. No es inusual que sea durante una auditoria cuando la gente se interesa en contactar a un contador, un agente registrado, un preparador profesional o un abogado, incluso en buscar e investigar en libros, etc., Por qu esperar a ser auditado para saber y conocer sobre este tema?

One of the great successes of the law and economics movement has been the use of economic models to explain the structure and function of broad areas of law. The original contributions to this volume epitomize that tradition, offering state-of-the-art research on the many facets of economic modeling in law.The contributors employ a variety of economic methodologies to explore a wide range of topics, including torts, contracts, property, crime, employment, the environment, and legal procedure. This depth and breadth of scholarship reflect the continuing vitality of the economic approach to law, offering an illuminating look into the future of the field and providing inspiration and guidance for the next generation of theorists. This timely volume will appeal to students, professors and researchers in both law and economics, particularly those with an interest in the theoretical and practical intersections of the two fields. Contributors: L. Anderlini, M. Baker, F. Baumann, J. De Mot, B. Deporter, D. Dharmapala, W. Emons, L. Felli, C. Fluet, T. Friehe, N. Garoupa, Z. Grossman, S. Izmalkov, C. Landeo, R. McAdams, T. Miceli, M.Nikitin, J. Pincus, A. Postlewaite, R. Rabon, G. Ramello, K. Segerson, P. Shapiro, T. Tsvetanov, T. Ulen, N. Westelius, A. Wickelgren

Changes in banking and securities regulation in many countries since 1980 have allowed banks to expand their range of financial services far beyond mere lending, an opportunity banks have been eager to grasp. This business development entails a responsibility; offering informed advice on the choices that customers must make. If we are to judge by a steadily increasing stream of lawsuits, as well as the clear results of customer surveys, most banks fail this part of the challenge. Should the law intervene? That is the basic question posed by this important book. In examining and evaluating the complex answer, and its critical implications for the banking industry, the author uses a comparison of legal systems, developments, and events in two major banking jurisdictions, England and Germany, investigating the relations in each system between the relevant legal rules and actual business practices.

The book is the result of a joint research project on the tax treaties concluded between the People's Republic of China and European countries. Each chapter was jointly prepared by European and Chinese experts. A particular focus of the work is an analysis of the extent to which Chinese tax treaties follow the OECD Model Tax Convention on Income and Capital, the UN Income and Capital Model Convention or an emerging "Chinese Model"; and the rationale behind the deviations. The book also considers differences in Chinese tax treaty policy between EU and Non-EU member states as well as relevant policy changes over time. Among the topics covered are the following:;Treaty entitlement (Art 1 and Art 4 OECD Model);Business Profits (Art 6, 7, 8, 9 and 14 OECD Model);Passive Income (Dividends, Interest, Royalties: Art 10, 11 and 12 OECD Model);Capital Gains (Art 13 OECD Model);Employment Income (Art 15 and 16, 18, 19 and 20 OECD Model);Artistes and Sportsmen (Art 17 OECD Model);Methods to Avoid Double Taxation (Art 23);Non-Discrimination (Art 24 OECD Model Convention);Mutual Agreements, Exchange of Information, Collection of Taxes (Art 25, 26 and 27 OECD Model)

The contributions to this volume try to overcome the traditional approach of the judicature of the European Court of Justice regarding the application of the fundamental freedoms in direct taxation that is largely built on a non-discrimination test. In this volume, outstanding authors cover various aspects of the national and international tax order when European law meets domestic taxation. This includes testing traditional pillars of income taxation ability-to-pay, source and residence, abuse of law, arm s length standard with respect to their place in the emerging European tax order as well as substantial matters of co-existence between different tax systems that are not covered by the non-discrimination approach such as mutual recognition, cross-border loss compensation or avoidance of double taxation.

The overarching goal is to flesh out the extent to which a substantive allocation of taxing powers within the European Union is on its way to a convincing overall framework and to stretch the discussion beyond discrimination .

This book explores the issue of private sector over-indebtedness following the recent financial crisis. It addresses the various challenges for policymakers, investors and economic agents affected by applied remedial policies as the private non-financial sector in Europe continues to face increased challenges in servicing its debt, with the problem mainly concentrated in several countries in the EU periphery and Eastern Europe. Chapters from expert contributors address reduced investment as firms concentrate on deleveraging and repairing their balance sheets, curtailed consumer spending, depressed collateral values and weak credit creation. They examine effective policies to facilitate private sector debt restructuring which may involve significant upfront costs in terms of time to implement and committed budgetary resources, as well as necessary reforms required to improve the broader institutional framework and judicial capacity. The book also explores the issue of over indebtedness in the household sector, contributing to the literature in establishing best practice principles for household debt.

Adoption and implementation of Part One of the Russian Tax Code constitutes a significant step forward in the direction of reforming Russian tax legislation in the interests of a transition to a market economy. It is considered as the `General Part' of the Tax Code, with the `Special Part' yet to come. This translation contains amendments to the Tax Code current to 1 September 1999. In comparison with the chaotic body of legislation which this part of the Tax Code replaces, it is far more conceptual in character, subjecting the Russian Law of Taxation for the first time to the general principles and practices of the codification evident in the other principal branches of Russian law. The terminology of the Tax Code is also brought closer to the mainstream of Russian legal concepts. A glossary prepared on the basis of the Tax Code appears at the end of the volume.

Capital-intensive projects throughout the world - including large-scale energy, infrastructure, toll road, solid waste, and recycling projects - rely on project finance as the most important financing technique available. But the complexity of project finance requires that the practitioner predict and resolve a number of potential risks involving bankruptcy, currency, and political issues, among others, and often in emerging economies. Drawing on the author's 15-plus years of experience in all types of project finance, this text is a comprehensive, multidiscipline book addressing these risks and their resolution and detailing each of the elements necessary for a successful project financing. Mirroring the structure of an actual project finance deal, this all-in-one handbook examines each step of the process, from the rationale for the project finance, through risk allocation and mitigation, to dispute resolution. Topics discussed include: financing sources; environmental issues; bilateral and multilateral support; contract aspects and typical contract terms; project contracts as credit support; project finance loan documents; collateral documents; and permits. All participants in project financing - including lenders, developers, investors, host governments, governmental agencies, multilateral and bilateral agencies, off-take purchasers, input suppliers, contractors, and operators - should find this text an accessible tool and a research database. Its combination of practical features includes: a checklist of key considerations to assist the practitioner in structuring, negotiating a reviewing a project finance transaction; a detailed glossary of project finance terms; references to legal and business books and articles relating to project finance; and sample project finance clauses and provisions with discussion and suggestions implementation. These features should enable practitioners and non-practitioners at all levels to understand the components and language of project finance and to recognize and avoid potential pitfalls.

Banks: Fraud and Crime explores the main issues which arise in bank fraud world-wide and looks at the possible options available for corrective action. A series of leading commentators examine the basic nature of bank fraud and financial crime, comparing the legal and regulatory framework in England to those in place in the USA and elsewhere. Banks: Fraud and Crime also takes a detailed look at the core issue of money laundering at a national, regional and international level as well as considering the many other complex issues arising from bank fraud and financial crime.

This book examines claims involving unjust enrichment and public bodies in France,England and the EU. Part 1 explores the law as it now stands in England and Wales as a result of cases such as Woolwich EBS v IRC, those resulting from the decision of the European Court of Justice (ECJ) in Metallgesellschaft and Hoechst v IRC and those involving Local Authority swaps transactions. So far these cases have been viewed from either a public or a private law perspective, whereas in fact both branches of the law are relevant, and the author argues that the courts ought not to lose sight of the public law issues when a claim is brought under the private law of unjust enrichment, or vice versa. In order to achieve this a hybrid approach is outlined which would allow the law access to both the public and private law aspects of such cases. Since there has been much discussion, particularly in the context of public body cases, of the relationship between the common law and civilian approaches to unjust enrichment, or enrichment without cause, Part 2 considers the French approach in order to ascertain what lessons it holds for England and Wales. And finally, as the Metallgesellschaft case itself makes clear, no understanding of such cases can be complete without an examination of the relevant EU law. Thus Part 3 investigates the principle of unjust enrichment in the European Union and the division of labour between the European and the domestic courts in the ECJ's so-called 'remedies jurisprudence'. In particular it examines the extent to which the two relevant issues, public law and unjust enrichment, are defined in EU law, and to what extent this remains a task for the domestic courts. Cited with approval in the Court of Appeal by Beatson, LJ in Hemming and others v The Lord Mayor and Citizens of Westminster, [2013] EWCA Civ 5912 Cited with approval in the Supreme Court by Lord Walker, in Test Claimants in the Franked Investment Income Group Litigation (Appellants) v Commissioners of Inland Revenue and another [2012] UKSC 19

This is the third revised edition of this text which was first published in 1989, and based on a General Course held by the author at The Hague Academy of International Law in 1986. It is designed to serve as a standard textbook on international economic law, suitable for reference and studies. This edition takes account of some of the new developments in international economic law, such as the ramifications of the Internet. The comprehensive analysis of all rules of public international law having direct influence on economic relations has been maintained and elaborated. Special attention is paid to the claims for a new international economic order, the extraterritorial reach of domestic legislation, the effects of nationalization, the protection of the environment, state immunity and economic welfare.

This book deals with banking integrations, which are now becoming crucial not only because of the increased number of economic integrations, but also in view of the qualitative improvement of such banking integrations. It compares the European Union (EU), as the most successful union, which was able to move from a common financial market to the prime example of banking integration; the Banking Union; and the Eurasian Economic Union (EAEU) as a relatively young one but with several of the prerequisites for becoming an influential union, and which was established by five countries - the Russian Federation, Kazakhstan, Belarus, Armenia, and the Kyrgyz Republic - in 2015. The key research question is whether the single market in banking services or a banking union is an achievable goal or merely a utopia. In this regard, the book reveals the bottlenecks and obstacles that the EU and EAEU policymakers faced during the difficult process of establishing a single market and banking union. However, along with the problems of banking integration, it identifies many peculiarities of the harmonization of banking legislation among the EU Member States. Recognizing and acknowledging these peculiarities can be very beneficial for young unions and help to guide their integration processes. In particular, the book concludes that evolutionary (not revolutionary) harmonization is required in order for the EAEU to become a full-fledged union.

In this thorough and enlightening book, the authors examine the role of law in developing the large financial markets necessary for national economic success. They discuss the basic foundational law of contracts, property and tort, corporate law, and securities law, providing both a broad theoretical and empirical case for its value in financial markets. The book begins with an historical analysis of the law's development, reviewing the legal governance of corporate finance with an emphasis on the development of US securities law in the twentieth century. Also provided is an extensive empirical analysis of the law's effect. A unique benefit of the book is its integration of all the relevant aspects, rather than examining them in isolation. Chapters cover the role of law in corporate finance, behavioral and empirical analyses, as well as current controversies in law and corporate finance. Ultimately, the book is a defense of the economic value of the law in the United States and throughout the world. Students and scholars of business and law will find much of interest in the authors' comprehensive study of the rule of law in today's financial markets.

Securitization-once a fairly straightforward means of offering collateral for investment-has mushroomed into a massively complex area of financial practice. The central role occupied by such risk-distributing products as collateral debt obligations (CDOs), credit default swaps (CDSs), collateral loan obligations (CLOs), and credit derivatives has given rise to one of the most crucial inquiries of our era: Is the financial collapse that threatens the world financial system due merely to rogue traders? Or is there something in the derivative idea itself that spells inevitable disaster? Most important, can we isolate the truly productive aspects of securitisation and learn to recognise pitfalls in advance? As always in such ideational minefields, it is the legal practitioners who are expected to provide guidance to distressed investors and asset dealers. Hence this vital new book.Written from a distinctly practical point of view by Jan Job de Vries Robbe with contributions from Paul Ali and Tim Coyne-all three leading authorities with extensive experience as counsel both in-house and in private practice, in addition to sterling academic credentials-the book sheds clear light on every aspect of today's securitization techniques, including welcome guidance on the following:A* understanding the nature of the risk in CDO squared transactions;A* keeping track of exposure to the CDO market; andA* evaluating such emerging asset classes as commodity risk, microfinance, and project finance risk. In the course of the analysis the book proceeds from the relevant framework and guiding legal principles, through key risks and building blocks in securitisation transactions, to the various product classes and sub-classes and their differences and common denominators. Non-credit risk and niche products (such as fund and insurance securitization) are also covered. The final chapters are devoted to the applicable rules as laid down in Basel II and International Financial Reporting Standards.Securitization Law and Practice introduces order, clarity, and renewed confidence into a troubled area of the law. Its combination of sound information, insightful knowledge, and practical wisdom will make it a highly valuable resource for lawyers and students in an indispensable field of international practice.

Restitution and Banking Law, written by leading practitioners and commentators, combines their experience in the field of restitution law and banking law to discuss major issues.

The global crises of the early 21st century have tested the international financial architecture. In seeking to ensure stability, governments have regulated financial and capital markets. This in turn has implicated international investment law, which investors have invoked as a shield against debt restructuring, bail-ins or bail-outs. This book explores whether investment law should protect against such regulatory measures, including where these have the support of multilateral institutions. It considers where the line should be drawn between legitimate regulation and undue interference with investor rights and, equally importantly, who draws it. Across the diverse chapters herein, expert international scholars assess the key challenges facing decision makers, analyze arbitral and treaty practice and evaluate ways towards a balanced system of investment protection in the financial sector. In doing so, they offer a detailed analysis of the interaction between investment protection and financial regulation in fields such as sovereign debt restructuring and bank rescue measures. Combining high-level analysis with a detailed assessment of controversial legal issues, this book will provide guidance for both academics and legal practitioners working in international economic law, international arbitration, investment law, international banking and financial law. Contributors include: A. Asteriti, P. Athanassiou, C.N. Brower, A. De Luca, A. Goetz-Charlier, A. Gourgourinis, R. Hofmann, H. Kupelyants, Y. Li, M. Mendelson, M.W. Muller, M