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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > General
Secured transactions law has been subjected to a close scrutiny
over the last two decades. One of the main reasons for this is the
importance of availability of credit and the consequent need to
reform collateral laws in order to improve access to finance. The
ability to give security effectively influences not only the cost
of credit but also, in some cases, whether credit will be available
at all. This requires rules that are transparent and readily
accessible to non-lawyers as well as rules that recognise the needs
of small and medium-sized enterprises. This book critically engages
with the challenges posed by inefficient secured credit laws. It
offers a comparative analysis of the reasons and the needs for a
secured transactions law reform, as well as discussion of the steps
taken in many common law, civil law and mixed law jurisdictions.
The book, written under the auspices of the Secured Transactions
Law Reform Project, informs the debate about reform and advances
novel arguments written by world renowned experts that will build
upon the existing literature, and as such will be of interest to
academics, legal practitioners and the judiciary involved in
secured transactions law around the world. The text considers
reform initiatives that have taken place up to the end of April
2016. It has not been possible to incorporate events since then
into the discussion. However, notable developments include the
banks decree passed by the Italian Government on 29th June 2016,
and the adoption of the Model Law on Secured Transactions by
UNCITRAL on 1st July 2016.
This book attempts to address why central bank independence still
lacks certain vital attributes which embody adequate governance and
accountability mechanisms - which are necessary if better results
in relation to longer term economic and political objectives, in
particular, are to be achieved. As well as a consideration of why
the lender of last resort facility should be used for emergency
situations and systemically relevant institutions in particular, an
interesting point which will be considered in this publication is
the comparison between the European Central Bank (ECB)
Recommendation and its application by the Commission in the Re
capitalisation Communication, specifically with its Annex, where
the Commission explains how it determines the price of equity or
own funds (ordinary or common shares) - balancing the "real value"
with the "market value" within a crisis context. This publication
will also consider how to transform financial crises into
opportunities whereby tax burdens to taxpayers are minimised - as
well as making financial markets more efficient. Given the scale of
government intervention and State rescues which occurred during the
recent crisis - as well as the prominence accorded to measures
aimed at preventing and limiting distortions of competition, calls
have been made for competition authorities to take on more
formidable roles in designing and implementing exit strategies. In
order to foster competition as much as possible, it is proposed
that "governments should provide financial institutions with
incentives to prevent them from depending on government support
once the economy begins to recover."
The financial system and its regulation have undergone exponential
growth and dramatic reform over the last thirty years. This period
has witnessed major developments in the nature and intensity of
financial markets, as well as repeated cycles of regulatory reform
and development, often linked to crisis conditions. The recent
financial crisis has led to unparalleled interest in financial
regulation from policymakers, economists, legal practitioners, and
the academic community, and has prompted large-scale regulatory
reform. The Oxford Handbook of Financial Regulation is the first
comprehensive, authoritative, and state of the art account of the
nature of financial regulation. Written by an international team of
leading scholars in the field, it takes a contextual and
comparative approach to examine scholarly, policy, and regulatory
developments in the past three decades. The first three parts of
the Handbook address the underpinning horizontal themes which arise
in financial regulation: financial systems and regulation; the
organization of financial system regulation, including regional
examples from the EU and the US; and the delivery of outcomes and
regulatory techniques. The final three Parts address the perennial
objectives of financial regulation, widely regarded as the anchors
of financial regulation internationally: financial stability,
market efficiency, integrity, and transparency; and consumer
protection. The Oxford Handbook of Financial Regulation is an
invaluable resource for scholars and students of financial
regulation, economists, policy-makers and regulators.
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