A Practitioner S Guide To Fsa Investigations And Enforcement
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A Practitioner's Guide to FSA Investigations and Enforcement by Angela Hayes,Calum Burnett Pdf
Approaches the important subject of FSA Investigations and Enforcement by drawing on the acknowledged expertise of leading practitioners who have contributed chapters covering each aspect. This book covers every stage of investigation and enforcement from internal investigations through to the challenging of FSA decisions and the Tribunal.
A Practitioner's Guide to FSA Investigations and Enforcement by Anonim Pdf
Containing 14 chapters, this book explains the principles that underpin FSA enforcement regime. It offers a guide to how these principles must be followed so the question of an FSA investigation or enforcement action does not arise.
Research Handbook on International Insurance Law and Regulation by Julian Burling,Julian M. Burling,Kevin Lazarus Pdf
'Global insurance and its rapidly evolving law and regulation demands international research. To this aim, the Handbook offers a truly international collection of essays. Highly renowned experts analyze the key topics currently under international discussion and development. While representing a diversity of national jurisdictions, the focus lies on the largest insurance jurisdictions (USA, UK and Germany) but newly important jurisdictions like Brazil and China are considered as well a most valuable and important contribution to international insurance law literature.' Manfred Wandt, Director of the Insurance Law Institute, Goethe-University Frankfurt, Germany 'This Research Handbook is published at an opportune time. A global review of insurance law and regulation is underway. Much reform happens locally with little reference to developments elsewhere and this Research Handbook brings the strands together. It is a comprehensive review by distinguished authors from different backgrounds including both leading academics and practitioners. They consider the definitions of insurance, its economic underpinnings, comparative law and regulations, actual and proposed reforms, the effects on underwriting and claims and how insurance is studied and taught. Good laws and regulation benefit the market and its customers. Bad laws and regulation do the opposite. This book is required reading for all involved in the reform process.' David Hertzell, Law Commissioner 'Globalisation has had no greater impact in the commercial world than on insurance, the law which governs it and the risks it seeks to address. Those who inspired this publication and the contributing authors, are to be thanked for providing such a necessary and useful reference source. It covers so much of what insurance professionals need to be aware of in the insurance/law world of the twenty first century.' Michael Gill, President of the International Insurance Law Association Given its economic importance, insurance is a field that has been underserved as an area of academic study. This detailed book provides much needed coverage of insurance law and regulation in its international context. Produced in association with Lloyd's, it draws on the expertise both of academics and practising lawyers. Containing 30 comprehensive chapters, it provides in-depth studies on key areas, such as the role of international organisations, the judicial interpretation of insurance contract clauses and transnational regulatory recognition. It also provides thorough introductions to important jurisdictions, including the EU, US and Japan as well as focusing on newly emerging economies such as China and Brazil. Specialist topics covered include regulation by and of Lloyd's, the tort of bad faith in the US, microinsurance and takaful insurance. This well-documented resource will appeal to academics and students in insurance law and regulation, policymakers and private practice lawyers. The book also aims to stretch the imagination of anyone with an interest in insurance law and regulation, providing detailed analysis and avenues for further investigation.
Private Equity, Corporate Governance and the Dynamics of Capital Market Regulation by Justin O'Brien Pdf
Global capital markets are in a state of flux. Castigated in the past as “Barbarians at the Gate”, private equity providers are once again proclaiming the end of the public corporation. This important book addresses the implications of private equity for the governance of corporations, the capital markets in which they operate and the professionals who provide corporate advisory services. The book evaluates and ranks the precise nature of the risk posed by private equity by situating it within an overarching analysis of the dynamics of financial capitalism. Key issues addressed include: the management of conflicts of interest, fiduciary duties, the role of enforcement, the efficacy of adopting a rules- or principles-based system of regulation, the form and function of compliance, and a detailed examination of how to embed accountability into an integrity system for the financial markets. The book therefore has enormous benefit for industry, regulatory and academic communities alike. Contents:Introduction: The Dynamics of Capital Market Governance (J O'Brien)The Conceptual Underpinnings of Australian Securities Regulation (M Rodgers)Evolving ‘Rules of the Game’ in Corporate Governance Reform (J Hill)Overlapping Fields and Constructed Legalities: The Endogeneity of Law (L B Edelman)The Significance of Relative Autonomy in How Regulation of the Financial Services Sector Evolves (G Gilligan)ASIC v Citigroup: Investment Banks, Conflicts of Interest, and Chinese Walls (P F Hanrahan)Enforcement of Capital Markets Regulation: The United Kingdom and Its International Markets (I MacNeil)Why Auditors Don't Find Fraud (N M Hodson)Compliance, Ethics and Responsibility: Emergent Governance Strategies in the US and UK (D McBarnet)Professional Norms (D Cocking)Sarbanes-Oxley and the Search for Accountable Corporate Governance (M J Dubnick)Charting an Icarian Flightpath: The Implications of the Qantas Deal Collapse (J O'Brien)Institutions, Integrity Systems and Market Actors (S Miller) Readership: Postgraduate law and business students; also suitable for general informed market (e.g. investment bankers, compliance professionals, providers of corporate advisory services including lawyers, tax advisors and auditors). Keywords:Private Equity;Conflicts of Interest;Financial Regulation;Enforcement;Investment Banks;Fiduciary DutiesKey Features:Presents an integrated series of recommendations on how compliance (and wider regulatory) frameworks should be recalibrated in order to take into account the unique challenges posed by both private equity and demands to reduce regulatory burden to stem its growthBased on empirical research in three major capital market jurisdictionsContributors include some of the most influential corporate and securities lawyers, ethicists, regulatory specialists, socio-legal scholars, practitioners and policymakers
Practitioner's Guide to Global Investigations by Judith Seddon Pdf
There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.
Eversheds Sutherland: The Employment Practitioner’s Guide to Financial Institutions by Paul Fontes,Elizabeth Graves,Susan Mayne Pdf
The financial crisis both in the US and UK led to concerns that individual accountability of senior managers in the banking sector had to be strengthened and risk and reward aligned more closely. Sweeping amendments were made to legislation, with new regimes introduced to improve accountability and greater powers bestowed upon regulators. The landscape has changed significantly with onerous rules faced by employers from recruitment to departure and beyond. Eversheds Sutherland: The Employment Practitioner's Guide to Financial Institutions: Key Aspects of the Regulatory Framework (originally titled: The Employment Practitioner's Guide to Financial Institutions: The Senior Managers and Certification Regime and Accountability) covers the full roll-out of the Senior Managers and Certification Regime to all financial services firms in 2018. The complexity of the rules and the difficulty for practitioners in finding resources to help them understand the new regime has led to much confusion and uncertainty. This book provides an invaluable guide to the new regime with practical analysis of the issues raised and how the changes should be implemented.
The Markets in Financial Instruments Directive (MiFID) is the biggest change programme Europe’s capital markets have ever attempted. It takes all the protection away from Europe’s Stock Exchanges and forces investment banks, brokers and dealers to guarantee best execution. The organisational, process and technology changes demanded by the MiFID are massive. In order to understand these challenges, industry commentator Chris Skinner has gathered the views of Europe’s leading figures in the MiFID community to discuss its implications. From an introduction from the European Business School and European Commission, through the views of leaders in the key constituencies of MiFID Connect and the MiFID Joint Working Group, through to organisations supporting the markets such as Reuters and SWIFT, this book provides a 360-degree perspective of the world of investing in Europe’s markets after the MiFID implementation. Anyone who has anything to do with dealing, trading and investing in European equities and instruments will find this book an essential guide to the markets now and into the future. With this book as their guide, readers will understand: • The key MiFID business issues • How to implement the directive • How it will affect the markets once it comes into force
International Guide to Hedge Fund Regulation by Martin Cornish,Ian Mason Pdf
This book provides a detailed guide to the regulation of hedge funds in key jurisdictions. It covers all the legal and regulatory matters in relation to hedge funds and discusses how funds can be operated to comply with laws and regulations in the most popular jurisdictions in which they operate. Written by experts from each jurisdiction, the book includes coverage of approximately 20 jurisdictions, with each chapter examining the following key issues in relation to hedge funds: authorization, establishment, and initial set-up; supervision and regulatory issues; enforcement; and taxation. The jurisdictions include the US, the UK, the Channel Islands/Isle of Man, the Cayman Islands, Bermuda, the British Virgin Islands, Australia, Ireland, Germany, Luxembourg, Asian jurisdictions, and Latin American jurisdiction.
Consumer ADR in Europe by Christopher Hodges,Iris Benöhr,Naomi Creutzfeldt Pdf
This is the first systematic comparative study into how consumer ADR systems (usually ombudsmen and médiateurs) work, the differing national architectures within which they operate and how they can be improved. It describes ADR schemes in Belgium, France, Germany, Lithuania, the Netherlands, Poland, Slovenia, Spain, Sweden and the United Kingdom as well as emerging pan-EU dispute resolution schemes. Use of the techniques of mediation, conciliation and adjudication are noted. It also covers EU measures on consumer ADR, and 2011 proposals for legislation on ADR and ODR. Data on volumes, cost and duration of ADR schemes are compared, both between different systems and with courts. The authors' findings underpin EU and national developments, and outline options for future policy. Findings and proposals are included for the functions, scope, performance, essential requirements, architecture and operation of ADR systems. The relationships between ADR, courts and regulators are discussed, and need for reforms are noted. This is a ground-breaking work that will have a major impact on European legal systems.
“An essential addition to the bookshelf of any practitioner who has to consider information rights, however often. The book is the best kind of practitioner text: practical and clear, but also scholarly, thoughtful and analytical.” (Sarah Hannett KC, Judicial Review) Retaining the position it has held since first publication, this is the 6th edition of the leading practitioner text on all aspects of information law. The latest edition includes a substantially enlarged set of chapters on appeals, enforcement, and remedies, as well as covering over 250 new judgments and decisions published since the last edition. Information Rights has been cited by the Supreme Court, Court of Appeal and the Tribunals, and is used by practitioners, judges and all those who practise in the field, including journalists. The new edition maintains its style of succinct statements of principle, supported by case law, legislative provisions, and statutory guidance. The work is divided into 2 volumes. Volume 1 is a 1,500-page commentary, with a comprehensive coverage of the data protection regime, freedom of information and environmental information law, as well as other rights of access to official information such as local government legislation and the Public Records Act. There is detailed coverage of appeal and regulatory procedures. Volume 2 comprises extensive annotated statutory material, including the DPA 2018, the UK GDPR, FOIA, Tribunal rules and statutory guidance. Contributors: James Findlay KC, Olivia Davies, John Fitzsimons, Richard Hanstock and Dr Christina Lienen (all of Cornerstone Barristers); Antony White KC, Sarah Hannett KC, Sara Mansoori KC and Aidan Wills (all of Matrix Chambers); Aidan Eardley KC and Clara Hamer (both of 5RB); Rupert Bowers KC and Martin Westgate KC (both of Doughty Street Chambers); Henry King KC and Bankim Thanki KC (both of Fountain Court Chambers); James Maurici KC and Jacqueline Lean (both of Landmark Chambers); Gemma White KC (Blackstone Chambers); Oliver Sanders KC (1 Crown Office Row); Saima Hanif KC (3VB); Jennifer Thelen (39 Essex Chambers); and Simon McKay (McKay Law).
Capital Markets Law and Compliance by Paul Nelson Pdf
The Markets in Financial Instruments Directive (MiFID) is a detailed re-writing of the regulation of capital markets. To the extent those rules permit, the Financial Services Authority (FSA) is also introducing high-level 'principles-based regulation'. In response to this, Paul Nelson presents practical guidance on the regulation of the capital markets, ranging from new issues and IPOs to investment banking, broker-dealing and asset management. All laws and rules relevant to the regulation of the capital markets are explained and put into context within the economic operation of markets, institutions and products, the European Single Market, the FSA's policies and objectives, the historical evolution of the regulations and the general civil and criminal law. Drawing on 30 years' experience as a practitioner, and referring to a vast range of supporting materials, the author provides an insightful analysis and critique of the rules, the rule makers and the institutions.
Credit Portfolio Management by Michael Hünseler Pdf
Credit Portfolio Management is a topical text on approaches to the active management of credit risks. The book is a valuable, up to date guide for portfolio management practitioners. Its content comprises of three main parts: The framework for managing credit risks, Active Credit Portfolio Management in practice and Hedging techniques and toolkits.
