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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > General
Amsterdam securities exchanges are among the busiest in the world,
and know no national boundaries. Yet it has not been easy for
investors and their advisors to find a clear, straightforward guide
to the essential structure and concepts of Netherlands securities
laws and regulations. Now, this new edition of a popular summary,
incorporating changes in the regulatory environment, provides
everything an investor needs to know in order to trade confidently
on these major global markets - and does so in plain language,
without unnecessary details and long explanations. An introductory
chapter explains the Dutch securities markets, their regulatory
authorities and sources of law, and the impact of the ongoing
harmonization of European securities law. Subsequent chapters cover
public offerings, publicly held companies, the securities business
(including trading in stocks, bonds, options and futures, both
through exchanges and over the counter) and investment
undertakings. A final chapter on antifraud provisions includes the
latest refinements on disclosure obligations and sanctions for
tipping.
In 1996 a record one million-plus bankruptcy cases were filed in
the United States. In this important book, an eminent legal
authority provides an accessible introduction to and evaluation of
the federal bankruptcy system governing these filings. Karen Gross
describes existing bankruptcy law, assesses what is actually
happening in practice, and makes specific-and
controversial-recommendations for reform. Gross explores the
varying and often conflicting interests of debtors, creditors, and
community in the bankruptcy system. She justifies the idea of a
"fresh start" for individual and business debtors by analyzing
notions of forgiveness and rehabilitation in a civilized society.
She offers a new perspective on how to treat certain of the
creditors that bankruptcy touches, substituting a principle of
equality of outcome for the principle of equality of treatment. She
also presents an original argument about community interests,
contending that they should be given serious weight in the
necessary balancings that make up bankruptcy law and policy, and
provides specific statutory amendments to achieve this goal.
Offering a humanitarian approach to bankruptcy rather than the law
and economic approach commonly used, this book places legal issues
of bankruptcy in their social context and opens the dialogue about
bankruptcy to lawyers and nonlawyers alike.
The Federal Reserve Act of 1913 created the infrastructure for the
modern American payments system. Probing the origins of this
benchmark legislation, J. Lawrence Broz finds that international
factors were crucial to its conception and passage. Until its
passage, the United States had suffered under one of most
inefficient payment systems in the world. Serious banking panics
erupted frequently, and nominal interest rates fluctuated wildly.
Structural and regulatory flaws contributed not only to financial
instability at home but also to the virtual absence of the dollar
in world trade and payments.
Key institutional features of the Federal Reserve Act addressed
both these shortcomings but it was the goal of internationalizing
usage of the dollar that motivated social actors to pressure
Congress for the improvements. With New York bankers in the
forefront, an international coalition lobbied for a system that
would reduce internal problems such as recurring panics, and
simultaneously allow New York to challenge London's preeminence as
the global banking center and encourage bankers to make the dollar
a worldwide currency of record. To those who organized the
political effort to pass the Act, Broz contends, the creation of
the Federal Reserve System was first and foremost a response to
international opportunities.
This title provides an explanation of the law governing cheques. It
addresses certain fundamental issues such as how to draw a valid
cheque; the immediate legal consequences of payment by cheque;
cheque negotiation; the legal implications of a dishonoured cheque;
and the legal position of banks that pay out on a cheque without
authority.
Das Buch untersucht den Einfluss des Gesellschaftszwecks auf die
Wirksamkeit der etablierten Glaubigerschutzinstrumente. Im
Mittelpunkt stehen die GmbH und die Frage, welchen Einfluss die
Verfolgung eines gemeinnutzigen Zwecks auf die Wirksamkeit des
Glaubigerschutzsystems des GmbH-Rechts hat.
Comparative Company Law provides a systematic and coherent
exposition of company law across jurisdictions, augmented by
extracts taken from key judgments, legislation, and scholarly
works. It provides an overview of the legal framework of company
law in the US, the UK, Germany, and France, as well as the
legislative measures adopted by the EU and the relevant case law of
the Court of Justice. The comparative analysis of legal frameworks
is firmly grounded in legal history and legal and economic theory
and bolstered by numerous extracts (including extracts in
translation) that offer the reader an invaluable insight into how
the law operates in context. The book is an essential guide to how
company law cuts across borders, and how different jurisdictions
shape the corporate lifespan from its formation by way of
incorporation to its demise (corporate insolvency) and eventual
dissolution. In addition, it offers an introduction to the nature
of the corporation, the framework of EU company law, incorporation
and corporate representation, agency problems in the firm, rights
of stakeholders and shareholders, neutrality and defensive measures
in corporate control transactions, legal capital, piercing the
corporate veil, and corporate insolvency and restructuring law.
This work analyses the law and regulation relating to financial
investments, their markets, payment and settlement systems, as well
as the duties and liabilities of intermediaries, providing
invaluable legal and practical guidance regarding legal risk and
the protection of the investor. The book is divided into three
parts. Part I categorises the various financial assets legally and
analyses their legal, regulatory, and risk/return properties, and
examines what protections are available to investors who own
financial assets. It also addresses the investment principles that
underpin the investment processes. Part II addresses the process by
which financial assets may be acquired and disposed of via the
markets and the market infrastructure, including central
counterparty and clearing features as well as payment and
settlement systems. It analyses the risks investors face in the
context of trading and settlement. The impact of the principles and
risks, described in Parts I and II respectively, inform the scope
of the duties, responsibilities and liabilities of the
intermediaries that advise investors. Part III focuses on the role
of these intermediaries, tying together the constituent components
of the investment cycle from the investor's point of view and
examining the quality of investor protection, service, proprietary
protection and regulatory supervision. Written by a specialist with
broad market experience this book is an essential purchase for all
lawyers advising investors, financial advisors and investment
managers.
The severe global financial crisis of 2008 could not be overcome
without government interventions through industrial policy. This
timely book analyses industrial policy from the perspectives of
trade law and economics under the WTO system. The author expertly
examines both general tools of protecting and supporting domestic
producers and specific topics like special economic zones,
localization, greening measures and creative economy. In addition
to legal texts and jurisprudence, this book extensively utilizes
other WTO materials to show what is actually discussed in WTO
meetings and forums on relevant issues. Where applicable, the
author advances practical recommendations for 'right' or 'optimal'
industrial policy in certain contexts based on trade rules, case
law and some countries' real experiences. The author concludes this
work with some thoughts on concrete actions to be taken at the WTO
and national levels and in academic circles in order to better
tackle industrial policy issues.
Chapter 1 analyzes recent changes to state Unemployment
Compensation (UC) programs. Two categories of UC state law issues
are considered: (1) changes in the duration of state UC
unemployment benefits, and (2) changes in the UC weekly benefit
amount Chapter 2 provides state-by-state information on workers
covered, benefit eligibility, methods of financing, and other areas
of interest in the Unemployment Insurance (UI) program. It also
includes information on the temporary disability programs operated
in six states.
Der Steuerfachmann kommt mit dem Steuerstrafrecht dann in
Beruhrung, wenn davon steuerrechtliche Massnahmen abhangen. Das
gilt etwa fur die verlangerte Festsetzungfrist bei leichtfertiger
oder vorsatzlicher Steuerverkurzung, fur die AEnderung von
Steuerbescheiden nach Aussenprufung und die Festsetzung von
Hinterziehungszinsen. Auch die strafbefreiende Selbstanzeige
gehoert zur Praxis des Beraters. Ihre Voraussetzungen und
Modalitaten (mit Muster) bilden den Schwerpunkt neben dem Verhalten
des steuerlichen Beraters im Ermittlungsverfahren gegen seinen
Mandanten - insbesondere bei Durchsuchungen in der eigenen Kanzlei.
Eingeschlossen sind auch die Rechte und Pflichten bei einer
Verteidigung des Mandanten. Insgesamt bietet das Buch eine
umfassende Hilfestellung bei der Bearbeitung steuerstrafrechtlicher
Fragen.
A pressing problem often facing commercial practitioners is how to
determine the principle which would dictate when a proprietary
claim is available and when it is not. This book explains the
nature and structure of key interests in property in commercial
transactions and analyses the incidence of proprietary claims
available to holders of different interests in assets. The book
starts by identifying the structure of those interests which the
author terms "lesser proprietary interests", comprising security
interests and interests based on retention of title in contracts of
sale of goods, hire-purchase agreements, and leases, thereby
contributing to the understanding of concepts which are
traditionally used to explain this area of law such as bailment and
fiduciary relationship. Using this framework, the book examines the
circumstances in which the interests are lost and the extent to
which proprietary claims can be asserted in assets that derive from
the original subject matter, that is proceeds, products and income,
as well as in accretions. It examines these claims at three levels:
first, as a matter of default rules in the absence of
misappropriation of the original subject matter; secondly, as a
matter of contract, considering the limits of contractual freedom;
and thirdly, in circumstances in which the original subject matter
has been misappropriated. This book is the first to approach the
topic of tracing and derived assets in commercial transactions on a
principled basis. It subjects an area of little authority and
general academic comment to rigorous and detailed analysis. It
contains treatment of the relevant case law and discussion of
points that have yet to come up in litigation in England and
abroad. By way of comparison, it considers salient aspects of the
relevant rules under Article 9 of the US Uniform Commercial Code.
The book is timely in light of the current debate on the shape of
the law reform of secured transactions in England and elsewhere.
401(k) plan participants separating from their employers must
decide what to do with their plan savings. Many roll over their
plan savings to IRAs. As GAO previously reported, there is concern
that participants may be encouraged to choose rollovers to IRAs in
lieu of options that could be more in their interests. This book
identifies challenges separating plan participants may face in
implementing rollovers; obtaining clear information about which
option to choose; and understanding distribution options.
A well-integrated, national biosurveillance enterprise is a
national security imperative. The United States' ability to detect
quickly and characterise a potential incident of national
significance that affects human, animal, or plant health is of
paramount importance. Rapid detection and enhanced situational
awareness are critical to saving lives and improving incident
outcomes, whether the result of a bioterrorism attack or other
weapons of mass destruction (WMD) threat, an emerging infectious
disease, pandemic, environmental disaster, or a food-borne illness.
Beyond the need to protect domestic interests, and because health
threats transcend national borders, the United States also plays a
vital role within an international network of biosurveillance
centres across the globe. This book focuses on the national
strategy for biosurveillance and the national biosurveillance
science and technology roadmap.
The 2007-2009 financial crisis threatened the stability of the U.S.
financial system and the health of the U.S. economy. To address
regulatory gaps and other problems revealed by the crisis, Congress
enacted the Dodd-Frank Act. Federal regulators will need to issue
hundreds of rules to implement the act. Industry representatives,
academics, and others generally have supported the act's goal of
enhancing U.S. financial stability, but implementation of certain
of the act's provisions has led to much debate. These experts have
expressed a wide range of views on the potential positive and
negative effects that the act could have on the U.S. financial
system and broader economy. This book examines the losses
associated with the recent financial crisis; the benefits of the
act for the U.S. financial system and the broader economy; and the
costs of the act's reforms. The Government Accountability Office
(GAO) reviewed empirical and other studies on the impacts of
financial crises and the Dodd-Frank reforms, as well as
congressional testimonies, comment letters, and other public
statements by federal regulators, industry representatives, and
others.
The Dodd-Frank Act requires or authorises various federal agencies
to issue hundreds of rules to implement reforms intended to
strengthen the financial services industry. This book examines the
regulatory analyses federal agencies performed for rules issued
pursuant to the Dodd-Frank Act and how the agencies consulted with
each other in implementing the final rules to avoid duplication or
conflicts. Most Dodd-Frank Act regulations have not been finalised
or in place for sufficient time for their full impacts to
materialise. Recognising these and other limitations, the
Government Accountability Office (GAO) took a multi-pronged
approach to assess the impact of some of the act's provisions and
rules, with an initial focus on the act's systemic risk goals.
The Budget Control Act (BCA) is the result of negotiations between
the President and Congress held in response to the federal
government having nearly reached its borrowing capacity. The BCA
authorised increases in the debt limit of at least $2.1 trillion
dollars (and up to $2.4 trillion under certain conditions), subject
to a disapproval process that would likely require securing the
support of two-thirds of each chamber to prevent a debt limit
increase. It established caps on the amount of money that could be
spent through the annual appropriations process for the next 10
years, which the CBO estimates will reduce federal spending by $917
billion. This book provides an overview of the essential features
of the Budget Control Act, a history and recent increases of the
debt limit and the potential effects on government operations.
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