Small jurisdictions have become significant players in cross-border corporate and financial services. Their nature, legal status, and market roles, however, remain under-theorized. Lacking a sufficiently nuanced framework to describe their functions in cross-border finance - and the peculiar strengths of those achieving global dominance in the marketplace - it remains impossible to evaluate their impacts in a comprehensive manner. This book advances a new conceptual framework to refine the analysis and direct it toward more productive inquiries. Bruner canvasses extant theoretical frameworks used to describe and evaluate the roles of small jurisdictions in cross-border finance. He then proposes a new concept that better captures the characteristics, competitive strategies, and market roles of those achieving global dominance in the marketplace - the "market-dominant small jurisdiction" (MDSJ). Bruner identifies the central features giving rise to such jurisdictions' competitive strengths - some reflect historical, cultural, and geographic circumstances, while others reflect development strategies pursued in light of those circumstances. Through this lens, he evaluates a range of small jurisdictions that have achieved global dominance in specialized areas of cross-border finance, including Bermuda, Dubai, Singapore, Hong Kong, Switzerland, and Delaware. Bruner further tests the MDSJ concept's explanatory power through a broader comparative analysis, and he concludes that the MDSJs' significance will likely continue to grow - as will the need for a more effective means of theorizing their roles in cross-border finance and the global dynamics generated by their ascendance.

This book provides a compelling account of the rigging of benchmarks during and after the financial crisis of 2007-08. Written in clear language accessible to the non-specialist, it provides the historical context necessary for understanding the benchmarks - LIBOR, FOREX and the Gold and Silver Fixes - and shows how and why they have to be reformed in the face of rapid technological changes in markets. Though banks have been fined and a few traders have been jailed, justice will not be done until senior bankers are made responsible for their actions. Provocative and rigorously argued, this book makes concrete recommendations for improving the security of the financial services industry and holding bankers to account. -- .

Credit rating agencies (CRAs) are expected to provide investors with an informed and unbiased view on securities' debt risk; the risk that issuers will fail to make promised interest or principal payments when they are due. The agencies provide judgements on the creditworthiness of bonds issued by a wide spectrum of entities, including corporations, non-profit firms, special purpose entities, sovereign nations and state and municipal governments. This book explores the regulation and reform of credit rating agencies with a focus on their performance and failures in recent years.

This book explains how the self regulatory system for U.S. securities firms works with three tiers of supervision. Overseeing the whole system is the U.S. Securities and Exchange Commission, which directly supervises the self-regulatory organizations such as the New York Stock Exchange and the National Association of Securities Dealers. In turn, these self-regulatory organizations oversee the broker-dealers who conduct the daily business of buying and selling securities. The system relies heavily on the firms' internal supervisory systems to prevent violations of securities laws, since they are in the best position to track their own internal activities. Firms may be fined, or subject to even more stringent penalties, if their supervisory systems fail. This book is an in-depth examination of how this regulatory system works, the types of regulatory problems with which broker-dealer firms must deal, why some firms have more problems than others, and what the experience with the system suggests about ways of improving self regulatory systems generally.

Legal Duties of Fiduciaries examines the structure, principles, themes and objectives of fiduciary law. Law is populated by fiduciaries. They appear in contract, tort, corporate law, agency, partnership, criminal law, environmental law, employment law, property and procedure, and constitutional law. Like family members, fiduciaries are similar yet distinct. Rarely are fiduciaries viewed as a group in a systematic manner. The purpose of this book is to study them together and examine fiduciary law's reach and its limits as one category.

There are over 60 offices of inspectors general in executive and legislative branch agencies, as well as special inspectors general, who are responsible for audits and investigations related to particular programs or expenditures. Inspectors General draw their authorities and duties from the Inspector General Act of 1978. This book addresses the duties and functions of statutory Inspectors General (IGs); the numbers of each type of IG; the differences between IGs appointed by the President and those appointed by the agency head; considerations for whether certain IGs should be appointed by the President as opposed to the agency head; and, the Inspector General Reform Act of 2008.

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.

"Die Arbeit wurde mit dem Foerderpreis 2000 der Heinz Ansmann-Stiftung ausgezeichnet" Der Mehrheitsaktionar einer Aktiengesellschaft kann Interessen verfolgen, die dem Ziel der Maximierung des Beteiligungswerts der Gesellschaft entgegen stehen. Diese Arbeit setzt sich mit der Frage auseinander, wie die Minderheitsaktionare vor den Interessen des Mehrheitsaktionars geschutzt werden koennen. Zu diesem Zweck wird eingangs untersucht, welchen Anspruchen der Minderheitenschutz aus gesamtwirtschaftlicher Sicht genugen muss. An diesen Massstaben wird der nach deutschem Recht gultige Schutz fur Minderheitsaktionare abhangiger Aktiengesellschaften ( 291-318 AktG) gemessen. Es wird gezeigt, dass das deutsche Recht keinen aus gesamtwirtschaftlicher Sicht geeigneten Schutzumfang bieten kann. Die Arbeit beschaftigt sich deshalb mit der Frage, ob eine UEbernahmeregelung die gesamtwirtschaftlichen Anspruche erfullt, die an ein Schutzsystem fur Minderheitsaktionare zu stellen sind und wie eine UEbernahmeregelung gestaltet werden muss, um diesen Anspruchen gerecht zu werden.

This book introduces a dynamic, new framework for using law, litigation, regulation and lobbying as part of competitive business strategy. Every business strategist, entrepreneur, and corporate lawyer needs to understand a basic truth of the modern market -- you must make the legal rules that govern your products and services or one of your competitors will. And it is much easier to stay in business if you are the one writing the rules. Written in a lively style with a host of stories and examples drawn from business history as well as contemporary events, professor G. Richard Shell of the world-famous Wharton School of Business shows how business leaders from Henry Ford and Bill Gates and corporate rivals from Coke to Pepsi have fought and won the battle for legal supremacy.

Law Reform and Financial Markets addresses how law reform can be used to support strong financial markets and draws on the Global Financial Crisis as a case study. This edited collection reflects recent developments, including the EU institutional reforms and Dodd-Frank Act 2010. The different contributions adopt a range of theoretical, contextual, and substantive perspectives, examine different domestic, regional, and international contexts and assess public and private law frameworks in considering how legal and regulatory reforms can be most effectively designed for strong financial markets. This comprehensive book will appeal to academics and postgraduates in the field of financial regulation and in cognate fields, including finance and economics, as well as to regulators and policy makers. Contributors include: K. Alexander, E. Avgouleas, J. Black, M.A.H. Dempster, N. Dorn, C.A. Johnson, E.A. Medova, P. Morris, I. Ramsay, J. Roberts, A. Waclawik-Wejman, T. Williams, S. Zhu

Das Furstentum Liechtenstein ist das einzige kontinentaleuropaische Land, das eine ausdruckliche Regelung des Trust (Treuhanderschaft/Treuunternehmen) und der privatrechtlichen Anstalt in sein Rechtssystem aufgenommen hat. Einen Schwerpunkt dieser Untersuchung bildet die gesellschaftsrechtliche Darstellung der unterschiedlichen Rechtsformen. Dabei sollen die Vorteile der liechtensteinischen Besteuerung von Sitz- und Holdinggesellschaften erlautert werden. In dieser steuerlichen Privilegierung liegt ein wesentlicher Grund fur die Attraktivitat des Standortes Liechtenstein. Von besonderer Bedeutung fur die Beurteilung der finanziellen und wirtschaftlichen Vorteilhaftigkeit fur deutsche Kapitalanleger ist die zivil- und steuerrechtliche Behandlung in der Bundesrepublik Deutschland.

This practice aid focuses on the "nuts and bolts" of performing valuation and allocation analyses specifically related to Internal Revenue Code 409A ("409A"). The broad scope of this new Code section provides that, unless certain requirements are met, amounts deferred under a nonqualified deferred compensation plan will be currently includible in income and subject to an additional 20% excise tax. Since there are many complexities involved in performing such valuations, and instead of muddying the waters with esoteric discussions about the proper treatment of specific issues, this guide provides a solid foundation for the reader to perform the most common 409A valuations over a wide variety of economic conditions.

How the City of London Works presents a simple, straightforward explanation of the City, how it works and how it is regulated. Diagrams, maps and illustrations have been included throughout the text to create a clear and readable picture of one of the world's great financial trading centres. The work remains up to date by including the launch of the Euro, the growth of foreign ownership and the further development of City activities in Canary Wharf.

Topics covered in this book include: jurisdictions of the world, principles of world insolvency law, bank term loans and syndicated credits, international bond issues and capital markets, trusts in financial transactions, set-off and netting, payment and securities clearing systems, and security interests and title finance.

This new work provides integrated analysis of and guidance on the Prospectus Regulation 2017, civil liability for a misleading prospectus, and securities litigation in a European context. The prospectus rules are one of the cornerstones of the EU Capital Markets Union and analysis of this aspect of harmonisation, the areas not covered by the rules, and the impact of Brexit, provides valuable reference for all advising and researching this field. The first Part serves as an introduction to the volume with relevant context. Part II discusses the subjects of Prospectus Regulation from both a legal and economic perspective. Each chapter within Part II focuses on a key subject of the new Prospectus Regulation, providing an in-depth analysis of each issue. Part III of the work explains the domestic law on liability for a misleading prospectus, this issue being omitted from the Regulation. The law and practice in each of the key capital markets centres in Europe is analysed, with the UK chapter covering the issues and possible solutions under Brexit. There is full consideration of conflicts of laws issues with reference to the Brussels I regulation, and the Rome I and II Regulations. The influence of the EU Prospectus rules on private law is also addressed.

Registered investment advisers are accustomed to regulatory scrutiny. But the pressure to understand changing compliance regulations and to meet the requirements they impose has never been more intense. A range of scandals and abuses--from the laundering of terrorist funds to mutual fund trading shenanigans--has caused the Securities and Exchange Commission to tighten regulation and step up enforcement. Unfortunately, definitive compliance information--the kind that can save advisers precious time and spare them serious trouble--has not been easy to find. Until now.
"The RIA's Compliance Solution Book" gathers the information needed most and puts it all in one place. Here advisers will find plain-English translations of the rules that regulate such issues as: advisory contracts and feesadvertising and client communicationsRIA compliance programs and codes of ethicscustody of customer accountscompleting, filing, and amending Form ADVselecting brokers and executing trades

"The richness, clarity and nuances of the structure and methodology followed by the contributors make the book a very valuable tool for students... seeking to obtain a general understanding of the market and how it is regulated." - Ligia Catherine Arias Barrera, Banking & Finance Law Review The fully updated edition of this user-friendly textbook continues to systematise the European law governing capital markets and examines the underlying concepts from a broadly interdisciplinary perspective. The 3rd edition deals with 3 central developments: the project of the capital markets union; sustainable finance; and the further digitalisation of financial instruments and securities markets. The 1st chapter deals with the foundations of capital markets law in Europe, the 2nd explains the basics, and the 3rd examines the regime on market abuse. Chapter 4 explores the disclosure system and chapter 5 short-selling and high-frequency trading. The role of intermediaries, such as financial analysts, rating agencies, and proxy advisers, is described in chapter 6. Chapter 7 explains compliance and corporate governance in investment firms and chapter 8 illustrates the regulation of benchmarks. Finally, chapter 9 deals with public takeovers. Throughout the book emphasis is placed on legal practice, and frequent reference is made to the key decisions of supervisory authorities and courts. This is essential reading for students involved in the study of capital markets law and financial law.

This book describes the key advantages and risks involved in the choice of law governing international business and financial transactions, plus the accompanying choice of courts. Beginning with an analysis of the role of law in social infrastructure, the work outlines the economic value and power of governing law. It concentrates predominantly on financial, corporate, commercial, and insolvency law across a vast comparative basis, discussing how legal risk can be reduced through careful choice of law and courts. In Governing Law Risks in International Business Transactions, Philip R. Wood proposes 70 key indicators to rank the England, New York, France, and German legal systems plus many other jurisdictions on 13 risk tests. These include contract predictability, business orientation, freedom of contract, insolvency regimes, corporate law, regulatory law, courts, litigation, and other factors. The book considers all 320 jurisdictions of the world and shows how to understand them by locating them in eight families of law, each with their own features. The book explains not only choice of law principles but sets out the factors to consider the commercial and legal implications of choosing one law over another in business contracts, and is an essential resource for all commercial lawyers.

This book primarily provides assistance to litigators who find themselves acting for or against firms in contentious regulatory matters. The material covered is broad in that it covers matters of civil, criminal, administrative, and public law. It is also highly focused in that it is intended to act as a practical handbook for litigators; detailed explanations are given of practice, procedure, evidence, and remedies at the expense of general commentary on the non-contentious aspects of financial regulation. The book starts with two chapters that are primarily contextual. Chapter 1 provides an overview of the UK financial regulators whilst paying particular attention to the relationships between them and the ways in which those interactions can pose problems for litigators and the firms they represent. Chapter 2 summarises the authorisation process and its procedures, as well as the Senior Managers and Certification Regime. In both cases, it provides practical advice for firms and individuals in composing and submitting applications for authorisation and approval. Chapter 3 deals with the increasingly important topic of investigations and information gathering. It pays particular attention to the settlement of investigations and the FCA's procedures for determining discounts. The heart of this book is found in Chapters 4-7, which cover the various forums in which firms can be challenged for failing to adhere to regulatory standards. Unlike many works dealing with financial services regulation, which so often seem to focus on civil liability, this book aspires to be equally helpful to the criminal litigator. Criminal liability is therefore split in two. Chapter 4 covers practice, procedure, and evidence. Chapter 5 covers the substantive offences, defences, and sentencing. Civil liability is found in Chapters 6 and 7. Civil enforcement action taken by regulators, including RDC procedure, penalties, and an analysis of the basis and scope of the raft of potential remedies available to the regulator, are covered in Chapter 6. Individual action by investors and consumers is considered in Chapter 7 alongside wider legal principles that may come into play such as litigation. This chapter for the first time includes a detailed analysis of the types of claims often encountered by firms, including case studies on PPI and interest rate hedging products. Redress, complaints, the Financial Ombudsman Service, and relevant procedure are analysed in Chapter 8. Finally, Chapter 9 provides an overview of the independent methods of challenging regulators, including judicial review and the Financial Services Complaints Commissioner.