This new book analyses the challenge of how money (including coins, notes, credit, and virtual currency) should be defined from both a legal and an economic perspective. As new electronic payment mechanisms proliferate, this question of definition is likely to become an important issue in global legal, commercial, economic, macro-prudential and fiscal policymaking. The book re-examines money in this context by identifying the role it plays in various transactions and to what extent, for example, cryptocurrencies and quasi-money are interchangeable with, analogous to, or different from traditional monetary systems. Beginning with a summary of the legal nature of money, the book explains the distinction between money and payment obligations, as well as providing an overview of the fundamental characteristics of money. It analyses how the law identifies money by pinpointing characteristics of particular transactions such as sale of goods transactions, including the position where the exchange of goods is for e-currency. Other situations or transactions examined include the recovery of stolen money, claims for non-delivery of money, and how obligations to pay operate. The book also considers the role of money in the banking system, exploring how various currencies can be used as claims on financial institutions, examining whether the systemic stability of the industry is threatened by non-traditional currency forms. Finally, the book addresses, and seeks to develop a conceptual framework for how alternative currencies might work in place of money as a medium for saving.

Chalmers & Guest provides the definitive guide to the Bills of Exchange Act 1882 and the Cheques Act 1957, and offers legal practitioners comprehensive guidance to the law and practice relating to bills of exchange, cheques and promissory notes. Offers comprehensive guidance on the law and practice relating to bills of exchange, cheques and promissory notes Provides a section by section commentary to the primary legislation, the Bills of Exchange Act 1882 and the Cheques Act 1957 Explains in detail what provisions the legislation contains, and provides opinion and guidance on how to comply Presents a selection of precedents to assist the reader in communications as well as court proceedings Illustrates common situations where problems may arise, and works through the legal consequence Covers legal capacity for entering into a payment contract Addresses consideration, and how the rules governing it diverge from contract law Considers how bills may be transferred from one person to anther Sets out the general duties of the holder, including the necessary steps to fix the maturity of the instrument Identifies the liabilities of the parties Looks at discharge of a bill, including circumstances where payment is insufficient to discharge the bill Details the law governing lost, destroyed or split bills as well as crossed cheques Examines the applicable law where parties are based in different jurisdictions, and conflict of laws Reflects the changes introduced by Small Business, enterprise and Employment Act 2015 on bills of exchange and cheques: in particular the changes concerning electronic payment of bills

The 2008 global financial crisis ushered in the biggest explosion in new bank regulation around the world since the Great Depression. Even more so than then, this new regulation has been coordinated on a global basis and reflects global standards as well as local idiosyncracies. Although governments and regulators have sought to put measures in place to prevent the failure of banks, they have acknowledged the need for measures to address what happens when banks fail or are threatened with failure and how to resolve such failure. Bank Resolution and Crisis Management: Law and Practice deals with the measures which European, U.S. and international law and policy makers have sought to put in place to deal with the threat of financial institutions failing, including enhanced supervision, early intervention and so called 'living wills'. Measures such as 'bail-out' (protecting private shareholders and creditors against losses) and 'bail-in' (imposing losses on shareholders and long-term creditors without causing contagion among short-term creditors) are discussed. The work includes comprehensive summaries and commentary on the EU Bank Recovery and Resolution Directive, the UK resolution laws including the Banking Act 2009 and amendments to that act, the Orderly Liquidation Authority under Title II of the U.S. Dodd-Frank Act, proposed new Chapter 14 to the U.S. Bankruptcy Code, and the bank resolution provisions of the U.S. Federal Deposit Insurance Act. The book also provides detailed commentary on the provisions in the Banking Act 2009 dealing with resolution, including discussion of the stabilisation, bank administration and insolvency powers. This includes analysis of secondary legislation such as the Partial Transfers Order. Special emphasis is given to the practical effect of such measures on financial transactions and their impact on arrangements, such as netting and set-off. There is also commentary on the Financial Services Investor Compensation Scheme and its role in returning money to the depositors in a failing bank. The special position of failing investment banks is also a feature of the book. Coverage includes analysis of the legislation adopted to address the particular issues that arose in the failure of Lehman Brothers and the resulting litigation, particularly that relating to the recovery of client assets. This work will be invaluable for regulatory, transactional and insolvency lawyers and other professionals advising banks on their powers and governance processes, in structuring and documenting transactions and in dealing with banks in the course of insolvency proceedings.

Financial capital regulation drives almost every aspect of the financial markets, from the structures of financial groups and the way they raise capital to the development of investment structures and financial engineering such as derivatives, securitisations, structured finance, credit derivatives, repos and stock lending. This new, third edition of the leading guide on the structure of bank financial regulation is invaluable for lawyers and other non-statisticians interested in the regulatory drivers which shape modern financial transactions and techniques. The legal and regulatory principles which underlie the regulations are articulated here in a structured and accessible format without formulae. Since the publication of the second edition, the final form of the Basel III international regulatory framework for banks has been agreed, and the new edition covers both Basel III and references the first tranche of rulebooks and secondary legislation to ensue as a result. The new edition also covers the new formal bank resolution and recovery regime which came into force in November 2016 requiring UK banks, building societies and the large investment firms to demonstrate minimum requirements for eligible liabilities and own funds. Another key focus of the new edition is bank structural reform. Whilst the implementation of the EU initiative stalled and was ultimately withdrawn, the UK has already implemented its own version which has had, and will continue to have, a significant impact on banking regulation.