Financial Services Regulation In Europe

Author : Rainer Kattel,Jan Kregel,Mario Tonveronachi
Publisher : Routledge
Page : 343 pages
File Size : 52,8 Mb
Release : 2015-10-08
Category : Business & Economics
ISBN : 9781317428848

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Financial Regulation in the European Union by Rainer Kattel,Jan Kregel,Mario Tonveronachi Pdf

This collection offers a comparative overview of how financial regulations have evolved in various European countries since the introduction of the single European market in 1986. It includes a number of country studies which provides a narrative of the domestic financial regulatory structure at the beginning of the period, as well the means by which the EU Directives have been introduced into domestic legislation and the impact on the financial structure of the economy. In particular, studies highlight how the discretion allowed by the Directives has been used to meet the then existing domestic conditions and financial structure as well as how they have modified that structure. Countries covered are France, Germany, Italy, Spain, Estonia, Hungary and Slovenia. The book also contains an overview of regulatory changes in the UK and Nordic countries, and in post-crisis USA. This comparative approach raises questions about whether past and more recent regulatory changes have in fact contributed to increase financial stability in the EU. The comparative analysis provided in this book raises questions on whether the past and more recent changes are contributing to increase the financial stability and efficiency of individual banks and national financial systems. The crisis has demonstrated the drawbacks of formulating the regulatory framework on standards borrowed from the best industry practices from the large developed countries, originally designed exclusively for large global banks, but now applied to all financial institutions.

Author : Etay Katz
Publisher : Unknown
Page : 0 pages
File Size : 53,7 Mb
Release : 2008
Category : Language Arts & Disciplines
ISBN : 019953280X

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Financial Services Regulation in Europe by Etay Katz Pdf

The Financial Services Regulations series provides a comprehensive introduction to the financial services framework in Europe, Asia Pacific and the Middle East. Each title examines the nature of the regulatory regime in each region, the principle regulatory bodies, and allows for comparisonsto be made between jurisdictions. With contributions from leading international commercial law firms, the series offers expert analysis and opinion from practitioners in leading commercial law firms on the financial services regulatory system in their respective countries.

Author : Martijn van Empel
Publisher : Kluwer Law International B.V.
Page : 260 pages
File Size : 43,5 Mb
Release : 2008-04-10
Category : Law
ISBN : 9789041130471

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Financial Services in Europe by Martijn van Empel Pdf

This very useful volume provides a ‘ground up’ survey, from a business law point of view, of the concept of finance as a vital component of the economic structure of the European Communities. In deeply informed detail it describes the architecture of the financial system, its institutions (banks, stock exchanges, etc.), the variety of financial instruments, the progress of liberalisation and harmonisation initiatives in Europe, relevant EC legislation, regulation of capital markets and securities, the development of international financial law, and the management of legal risk. The authors are all outstanding authorities in the field, with extensive experience both as practitioners and academics in many European countries and elsewhere in the world. The essays in this book grew out of lecture courses delivered under the auspices of the PALLAS Consortium organised by nine universities in seven EU Member States. Among the wealth of material covered, the reader will find, among much else, precise and interrelated explanations of the following: the transferring, sharing and insuring of risks; relevant contractual arrangements; the intermediation and distribution functions of financial institutions; primary markets versus secondary markets; money markets versus capital markets; stock market ‘players’; the role of letters of credit; pension funds; and the management of payment systems; The book is especially valuable for its middle way between a ‘top down’ EU regulatory perspective and a strictly national framework—a method that supports and reinforces a practice-oriented approach corresponding to the ‘real world’ in which domestic and cross-border aspects of financial services are inevitably intertwined. Practitioners and business law students will find the book extraordinarily useful for its expert guidance and insight in clarifying many situations involving financial services and in resolving typical problems.

Author : Matthias Haentjens,Pierre de Gioia Carabellese
Publisher : Routledge
Page : 281 pages
File Size : 40,9 Mb
Release : 2015-06-05
Category : Law
ISBN : 9781317483083

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European Banking and Financial Law by Matthias Haentjens,Pierre de Gioia Carabellese Pdf

In recent decades, the volume of EU legislation on financial law has increased exponentially. Banks, insurers, pension funds, investment firms and other financial institutions all are increasingly subject to European regulatory rules, as are day to day financial transactions. Serving as a comprehensive and authoritative introduction to European banking and financial law, the book is organized around the three economic themes that are central to the financial industry: (i) financial markets; (ii) financial institutions; and (iii) financial transactions. It covers not only regulatory law, but also commercial law that is relevant for the most important financial transactions. It also explains the most important international standard contracts such as LMA loan contracts and the GMRA repurchase agreements. Covering a broad range of aspects of financial law from a European perspective, it is essential reading for students of financial law and European regulation.

Author : Christos V. Gortsos
Publisher : Springer Nature
Page : 590 pages
File Size : 55,9 Mb
Release : 2023-06-10
Category : Business & Economics
ISBN : 9783031328596

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The European Banking Regulation Handbook, Volume I by Christos V. Gortsos Pdf

In two volumes, this book covers in a comprehensive, internally balanced, systematic and detailed way the field of European Union (EU) banking law and regulation. In three parts, Volume I offers a brief introduction to the role of banks in the contemporary financial system and the theory of banking regulation, a thorough analysis of international financial standards which are contained in the sources of public international banking law (and of public international financial law, in general), a detailed presentation of the gradual evolution and the sources of EU banking law, as well as a precise analysis of the law-making process and the key institutional aspects of this branch of EU economic law. The standards and rules adopted and the institutions created in the aftermath of the (2007-2009) global financial crisis and the subsequent euro area fiscal crisis, as well as during the current pandemic crisis are discussed, as appropriate. A detailed analysis of the substantive aspects of EU banking law will follow in Volume II

Author : Mads Andenas,Gudula Deipenbrock
Publisher : Springer
Page : 437 pages
File Size : 49,8 Mb
Release : 2016-08-16
Category : Law
ISBN : 9783319321745

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Regulating and Supervising European Financial Markets by Mads Andenas,Gudula Deipenbrock Pdf

The book analyses the institutions of the European financial market supervision and the challenges of financial markets. The current European supervisory structure for financial markets represents a major development in European supervisory history. Its operation however has to be explored and analysed critically. Has it gone far enough to provide a sufficiently comprehensive and resilient system to reduce or mitigate systemic risks and handle financial crises? Some claim it has gone too far already. Fresh and rigorous critical legal and economic analysis from an independent scholarly perspective are needed to assess whether the institutional design of the European supervisory architecture has proved itself to be an efficient and effective model. This book discusses many dimensions of the structure and workings of the European system from various angles providing different dimensions. The book makes an important contribution to the limited literature on financial market supervision.

Author : Eilís Ferran,Charles Albert Eric Goodhart
Publisher : Hart Publishing
Page : 357 pages
File Size : 43,9 Mb
Release : 2001-09-11
Category : Law
ISBN : 9781841132792

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Regulating Financial Services and Markets in the 21st Century by Eilís Ferran,Charles Albert Eric Goodhart Pdf

The essays in this work offer a high-level examination of the most important issues facing financial services regulation,and the far-reaching effects of the Financial Services and Markets Act 2000 on the UK financial sector in the context of rapid global change. Taking an interdisciplinary approach the book includes contributions by many distinguished academic authorities on the law and economics of regulation, and also some of the most influential practitioners, regulators and policymakers. As such it provides an authoritative analysis of the underlying issues affecting the broad development of financial services regulation: the objectives of regulation, the responsibilities of the regulated community, the accountability of regulators, the regulation of electronic financial markets and the impact of stock market mergers, regional regulation within Europe, and the development of global financial regulation.

Author : Karel Lannoo,Mattias Levin
Publisher : CEPS
Page : 35 pages
File Size : 44,9 Mb
Release : 2004
Category : Capital market
ISBN : 9789290794769

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Securities market regulation in the EU by Karel Lannoo,Mattias Levin Pdf

Author : Leading International Leading International Law Firms
Publisher : Oxford University Press
Page : 760 pages
File Size : 46,6 Mb
Release : 2005
Category : Business & Economics
ISBN : 1904501257

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Financial Services Regulation in Europe by Leading International Leading International Law Firms Pdf

This book provides a comprehensive explanation of the financial services regulatory framework in 42 European countries, provided by leading commercial law firms in the jurisdictions. The analysis includes a description of the nature of the regulatory regime; recent regulatory developments; analysis of the regulatory bodies, their policies, operational activity and relationships; scope of regulatory responsibilities, their application and legal basis; explanation of the international context; future developments expected.

Author : Katja Philipps
Publisher : GRIN Verlag
Page : 27 pages
File Size : 54,8 Mb
Release : 2013-09-27
Category : Political Science
ISBN : 9783656505532

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Financial services regulation in Europe by Katja Philipps Pdf

Studienarbeit aus dem Jahr 2012 im Fachbereich Politik - Thema: Europäische Union, University of Twente , Sprache: Deutsch, Abstract: Since the foundation of the European Union in 1992, the claim of a ‘rising regulatory state’ in Western Europe has become an important feature of public policy research. The creation of a single market by the Treaty of Maastricht forced European governments to change their traditional modes of governance in response to developments like increasing international competition and deepening economic and monetary integration within the European Union. Strategic adaptation to these new realities has been linked to two key trends: one is the reduced role for the positive, interventionist state and a corresponding increase in the role of the regulatory state, using legal authority over the tools of taxing and spending. The second trend is the European Commission’s ambitious attempts to maximise its influence over policy content, and the increased interest of member states in transnational policy responses to the issues arising from the Single European Market. One of the main institutional features of this ‘rising regulatory state’ has been the creation of European regulatory agencies with the primary aim to provide policy-makers with objective and independent information. An interesting but also controversial feature of this development is the fact that governments were apparently willing to abandon some of their regulatory competencies in favour of institutions that are not democratically accountable, and that are to a large extent insulated from political influence. The relevance of this topic becomes accessible when looking at the developments in fi-nancial services regulation between 1999 and 2011. The eruption of the financial crisis in 2007 significantly changed the institutional architecture of regulation at the European level and led to the creation of a new European financial supervisory framework, centred around three supervisory authorities with defined legal powers. The aim of this paper is to outline these developments and to put them into an explanatory theoretical context. How can the development from regulatory agencies with only an auxiliary role in the process of European policy-making to supervisory authorities with defined legal powers be explained? Even more important, is there really a qualitative leap from one regulatory body to the other?

Author : Matthias Haentjens,Pierre de Gioia Carabellese
Publisher : Routledge
Page : 325 pages
File Size : 41,5 Mb
Release : 2020-06-02
Category : Business & Economics
ISBN : 9781351701792

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European Banking and Financial Law 2e by Matthias Haentjens,Pierre de Gioia Carabellese Pdf

Over the last few decades, banks, insurers, pension funds, investments firms and other financial institutions have become subject to sometimes dramatically new, but always substantially more, legislation. This is especially true for the EU. Moreover, Brexit has already caused profound changes to the dynamics of EU financial regulation, and its effects will likely become ever-more significant in the years to come. This book serves as a comprehensive introduction to these developments, and, more generally, to European banking and financial law. It is organised around the three economic themes that are central to the financial industry: (i) financial markets, (ii) banking and financial institutions and (iii) financial transactions. It covers not only regulatory law but also commercial law that is relevant for the most important financial transactions. This Second Edition has been completely revised. The basic structure of the First Edition has been maintained, but all chapters have been thoroughly rewritten and restructured. Attention is now also given to topics such as shadow banking and credit rating agencies. As a matter of course, all new relevant legislation and case law has been included. In addition, on the basis of real-life classroom experience, student questions and further reading suggestions have been updated and expanded.

Author : Emilios Avgouleas,Heikki Marjosola
Publisher : Walter de Gruyter GmbH & Co KG
Page : 291 pages
File Size : 51,8 Mb
Release : 2021-12-20
Category : Law
ISBN : 9783110749472

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Digital Finance in Europe: Law, Regulation, and Governance by Emilios Avgouleas,Heikki Marjosola Pdf

Global finance is in the middle of a radical transformation fueled by innovative financial technologies. The coronavirus pandemic has accelerated the digitization of retail financial services in Europe. Institutional interest and digital asset markets are also growing blurring the boundaries between the token economy and traditional finance. Blockchain, AI, quantum computing and decentralised finance (DeFI) are setting the stage for a global battle of business models and philosophies. The post-Brexit EU cannot afford to ignore the promise of digital finance. But the Union is struggling to keep pace with global innovation hubs, particularly when it comes to experimenting with new digital forms of capital raising. Calibrating the EU digital finance strategy is a balancing act that requires a deep understanding of the factors driving the transformation, be they legal, cultural, political or economic, as well as their many implications. The same FinTech inventions that use AI, machine learning and big data to facilitate access to credit may also establish invisible barriers that further social, racial and religious exclusion. The way digital finance actors source, use, and record information presents countless consumer protection concerns. The EU’s strategic response has been years in the making and, finally, in September 2020 the Commission released a Digital Finance Package. This special issue collects contributions from leading scholars who scrutinize the challenges digital finance presents for the EU internal market and financial market regulation from multiple public policy perspectives. Author contributions adopt a critical yet constructive and solutions-oriented approach. They aim to provide policy-relevant research and ideas shedding light on the complexities of the digital finance promise. They also offer solid proposals for reform of EU financial services law.

Author : Phoebus Athanassiou
Publisher : Kluwer Law International B.V.
Page : 384 pages
File Size : 43,6 Mb
Release : 2009-04-14
Category : Law
ISBN : 9789041144652

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Hedge Fund Regulation in the European Union by Phoebus Athanassiou Pdf

While hedge funds have been part and parcel of the global asset management landscape for well over fifty years, it is only relatively recently that they came to prominence as one of the fastest growing and most vigorous sub-sectors of the financial services industry. Despite their growing significance for global and European financial markets, hedge funds continue enjoying a sui generis regulatory status. The ongoing credit crisis and its lessons for the wisdom of unregulated or loosely regulated pockets of financial activity raise, with renewed urgency, the issue of deciding how long for the relative regulatory immunity of hedge funds is to be tolerated in the name of financial innovation. This well-thought-out book, the first of its kind in this particular field, examines the case for the European onshore hedge fund industry’s regulation, making concrete proposals for its normative future. Following a detailed account of the ‘established’ regulatory systems in Ireland and Luxembourg, as well as of the ‘emerging’ hedge fund jurisdictions in Italy, France, Spain and Germany, and of the regulatory treatment of hedge funds in the UK, this book examines to what extent the continuing exclusion of hedge funds from harmonized European regulation is defensible, whether their differences to traditional asset management products justify their distinct regulatory treatment and, ultimately, if their EU-wide regulation is possible and, if so, what form this should take. This book offers enormously valuable insights into all facets of the subject of the regulation of hedge funds, including: the legitimacy of the public policy interest in their activities; the conceptual underpinnings and systemic stability emphasis of a realistic hedge fund regulatory scheme; the main parameters of a workable onshore hedge fund regulatory framework; the role of investor protection and market integrity as part of a holistic hedge fund regulatory scheme; the possible use of the UCITS framework as a foundation for the EU-wide regulation of hedge funds; the MiFID’s impact on the regulatory future of the European hedge fund industry; existing cross-jurisdictional differences and similarities in the normative treatment of hedge funds within the EU; hitherto initiatives and recommendations of the Community institutions and bodies; and the need for more efficient co-operation and information-sharing arrangements amongst national supervisors for the monitoring of the cross-border risks inherent in the activities of hedge funds. As the first ever comprehensive account of the profile, main features and normative future of the contemporary global and European hedge fund markets – including a systematic inquiry into the conceptual underpinnings of hedge fund regulation and a detailed examination of the European hedge fund industry’s treatment under Community and domestic law – this book represents a major contribution to the literature on hedge funds and their regulation which, through its concrete proposals for the onshore industry’s regulation and its clear analysis of the conditions necessary for their implementation, should be of extraordinary value to policymakers, supervisors and academics alike.

Author : Great Britain: Parliament: House of Commons: Treasury Committee
Publisher : The Stationery Office
Page : 148 pages
File Size : 42,6 Mb
Release : 2006-06-08
Category : Business & Economics
ISBN : 0215029178

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European Financial Services Regulation by Great Britain: Parliament: House of Commons: Treasury Committee Pdf

The EU's ambitious Financial Services Action Plan, started in 1999, is drawing to an end. A single market in wholesale financial services exists. Many retail financial services institutions are expanding through acquisitions of banks and insurers across Europe, though the prospect of a single market in such services, with comparable products and services available to consumers direct across borders, is not a realistic proposition in the near future. The Commission has set out its policy objectives for 2005-2010, attaching greater importance to consistent and workable implementation of existing legislation. The Committee welcomes this, and the commitment to ensure that any new regulation will have a clear benefit to the European economy. The Committee examined three specific case studies: implementation of the Markets in Financial Instruments Directive (MiFID), the consideration of a Clearing and Settlement Directive, and consideration of mortgage credit in the context of the development of a single market in retail financial services. In all the Commission will need to demonstrate its commitment to "better regulation", and its new focus on implementation and enforcement. The Committee is concerned that MiFID will not be implemented consistently across Europe. It finds that the case for a new mortgage directive remains unproven, and that there is a clear need to reduce the additional costs associated with clearing and settlement across borders.

Author : Alexander Wellerdt
Publisher : Springer
Page : 116 pages
File Size : 44,9 Mb
Release : 2015-03-31
Category : Law
ISBN : 9783319176383

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Organisation of Banking Regulation by Alexander Wellerdt Pdf

This book illustrates the interaction of banking regulators and discusses with it related legal and economic challenges. First, the importance of administrative organisations for the implementation of regulatory law towards banks and financial institutions is shown. On this basis five model types of administrative organisations in the field of banking regulation are derived. Thereby, banking regulators can be classified due to their influence on regulatory decisions. Their influence runs from preparation across enforcement to control of regulatory decisions. In particular, the cooperation of the European Central Bank with national banking regulators is analysed. Finally, the main legal and economic arguments of Banking Regulation in the Economic and Monetary Union are discussed.