Law Commission Fiduciary Duties Of Investment Intermediaries A Consultation Paper Consultation Paper No 215

Author : Great Britain: Law Commission
Publisher : The Stationery Office
Page : 302 pages
File Size : 41,9 Mb
Release : 2013-10-28
Category : Business & Economics
ISBN : 010851272X

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Law Commission: Fiduciary Duties of Investment Intermediaries: A Consultation Paper - Consultation Paper No 215 by Great Britain: Law Commission Pdf

The consultation paper Fiduciary Duties of Investments Intermediaries: A Consultation Paper follows on from the Kay Report on UK Equity Markets and Long Term Decision Making (see below), and uses pensions as the example, tracing a chain of intermediaries from the prospective pensioner/saver to the registered shareholder of a UK company. There are well established duties on pension trustees to act in the best interests of scheme members, and it looks at how far these duties require trustees to maximize financial return over a short time scale, and how far trustees can consider other factors such as environmental and social impact. The consultation asks: Whether the law is right to allow trustees to consider ethical issues only in limited circumstances? Whether the legal obligations on trustees are conducive to investment strategies in the best interests of the ultimate beneficiaries? and if not, what specifically ne

Author : Jo Braithwaite
Publisher : Cambridge University Press
Page : 415 pages
File Size : 50,9 Mb
Release : 2021-01-07
Category : Law
ISBN : 9781108474795

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The Financial Courts by Jo Braithwaite Pdf

Explains the legal implications of internationalisation, standardisation and diversification in modern derivatives markets, demonstrating the key role of national courts.

Author : Marnix Wallinga
Publisher : Springer Nature
Page : 440 pages
File Size : 47,9 Mb
Release : 2020-10-30
Category : Law
ISBN : 9783030540012

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EU Investor Protection Regulation and Liability for Investment Losses by Marnix Wallinga Pdf

This book examines the relationship between the EU investor protection regulations enshrined in MiFID and MiFID II and national contract and torts law. It describes how the effect of the conduct of business rules as implemented in national financial supervision legislation in private law extends to the issue of enforcement, and critically assesses this interaction from the perspective of EU law. In particular, the conclusions identified in the book will deepen readers’ understanding of the interplay between the conduct of business rules and private law norms governing a firm’s liability to pay damages, such as duty of care, attributability of damage, causation, contributory negligence and limitation. In turn, the book identifies the subordination and the complementarity model to conceptualise the interaction between the conduct of business rules and private law norms. Moreover, the book challenges the view that civil courts are – or should be – forced to give private law effects to violation of the MiFID and MiFID II conduct of business rules in line with the subordination model. Instead, the complementarity model is advanced as the preferred approach to this interaction in view of what MiFID and MiFID II require from Member States in terms of their implementation, as well as the desirability of each model. This model presupposes that courts should consider the conduct of business rules when adjudicating individual disputes, while preserving the autonomy of private law norms governing liability of investment firms towards clients. Based on analysis of case law of courts in Germany, the Netherlands and England & Wales, as well as scholarly literature, the book also compares the available causes of action, the conditions of liability and the obstacles investors face when claiming damages, as well as how and the extent to which investors can benefit from the conduct of business rules in clearing these obstacles. In so doing, under the approach adopted by national courts to the interplay between the conduct of business rules of EU origin and private law, the book shows how investors can benefit from the influence of these rules on private law norms. In closing, it demonstrates a hybridisation of private law remedies resulting from the accommodation of the conduct of business rules into the private law discourse according to the complementarity model, illustrating how judicial enforcement through private law means may contribute to investor protection.

Author : Brenda Hannigan
Publisher : Oxford University Press, USA
Page : 833 pages
File Size : 46,9 Mb
Release : 2018-08-13
Category : Law
ISBN : 9780198787709

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Company Law by Brenda Hannigan Pdf

Company Law brings clarity and sophisticated analysis to the ever-changing landscape of company law. Hannigan captures the dynamism of the subject, places the material in context, highlights its relevance and topicality, and guides students through all the major areas studied at undergraduate level. The book is divided into five distinct sections covering corporate structure (including legal personality and constitutional issues), corporate governance (including directors' duties and liabilities), shareholders' rights and remedies (including powers of decision-making and shareholder engagement), corporate finance (including share and loan capital), and corporate rescue and restructuring (including liabilities arising on insolvency). The author's accessible writing style and comprehensive approach to the subject makes this an idea textbook for students of company law.

Author : Karen Wendt
Publisher : Springer
Page : 674 pages
File Size : 40,8 Mb
Release : 2015-06-15
Category : Business & Economics
ISBN : 9783319103112

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Responsible Investment Banking by Karen Wendt Pdf

This book provides evidence on the relevance of environmental and social factors in decision making. It discusses the Gold Standard Frameworks for integrating extra-financial risks into the philosophy, culture, strategies, products and value chain management procedures of investment and banking and highlights the current emergence of global administrative law. New emerging topics like positive impact investing and finance, climate friendly markets, human rights, the enhanced role of fiduciary duties and shared values are approached with a lot of examples for practical application. Steps towards a new banking culture, a new climate for double loop learning and sustainable financial innovation are outlined and the additional benefits of robust stakeholder engagement explained. The anthology paves the way from robust impact and risk management to positive impact creation and a new investment culture. As well, challenges for the implementation and ways to overcome them are broadly discussed. The book is rooted in the fact that institutions and investors which fail to professionally integrate the management of extra-financial risk into their whole lending and investment chain and fail to move to positive impact creation may well loose positions and mandates and finally the trust of their clients, partners and stakeholders. The contributing authors of this anthology are internationally renowned experts in the field of ESG and impact investing. The compendium brings together practitioners and academics to allow a confluence of thoughts, concepts and viewpoints. This huge variety of perspectives and approaches makes this volume a comprehensive compendium on responsible investment and banking.

Author : Barry Rider,Kern Alexander,Stuart Bazley,Jeffrey Bryant
Publisher : Bloomsbury Publishing
Page : 614 pages
File Size : 45,5 Mb
Release : 2022-10-28
Category : Law
ISBN : 9781526509116

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Market Abuse and Insider Dealing by Barry Rider,Kern Alexander,Stuart Bazley,Jeffrey Bryant Pdf

Market abuse and insider dealing remains and always has been a real concern for all those that operate in the financial sector. Some of the earliest laws relating to trade outlaw attempts to artificially interfere with the proper functions of the markets and ensure fairness. With recent changes to both the UK and European regimes the line between what is normal (and sensible) business practice and what may now be classified as market abuse is becoming increasingly fine. This raises questions about communications between financial institutions and investors, and about corporate and analyst access. Market Abuse and Insider Dealing provides guidance on and explanation of the range of potential legal and regulatory responses to this complex area of law. Providing a thorough analysis and assessment of the law relating to market abuse and insider dealing, the new fourth edition includes: - analysis of the impact of Brexit - significant new case law and legislation including MiFID II; Money Laundering Regulations 2017; the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017; Criminal Finances Act 2017 with Unexplained Wealth Orders; The Fifth Money Laundering Directive - the new Corporate Governance Code - new content on: control and senior managers' responsibility/liability; the FCAs competition law jurisdiction where it is appropriate to do so in relation to market abuse; a new table of UK decided market abuse cases This title is included in Bloomsbury Professional's Banking and Finance Law online service.

Author : Iris H-Y Chiu,Michael McKee
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 53,8 Mb
Release : 2015-02-27
Category : Law
ISBN : 9781782548867

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The Law on Corporate Governance in Banks by Iris H-Y Chiu,Michael McKee Pdf

Corporate governance in financial institutions has come under the spotlight since the banking crisis in the UK in 2008-9. In many respects, the banking business raises unique problems for corporate governance that are not found in other corporate secto

Author : Andrew Keay
Publisher : Routledge
Page : 296 pages
File Size : 54,9 Mb
Release : 2015-05-15
Category : Business & Economics
ISBN : 9781317910701

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Board Accountability in Corporate Governance by Andrew Keay Pdf

Within corporate governance the accountability of the board of directors is identified as a major issue by governments, international bodies, professional associations and academic literature. Boards are given significant power in companies, and as a consequence it is argued that they should be accountable for their actions. Drawing on political science, public administration, accounting, and ethics literature, this book examines the concept of accountability and its meaning in the corporate governance context. It examines the rationale for making boards accountable, and outlines the obstacles and drawbacks involved in providing for accountability. The book goes on to examine how current mechanisms for ensuring accountability are assessed in terms of fairness, justice, transparency, practicality, effectiveness and efficiency, before discussing the ways that accountability might be improved. Andrew Keay argues that enhanced accountability can provide better corporate governance, helping to reduce the frequency and severity of financial crises, and improve confidence in company practice. As an in depth study of a key element within the exercise of authority and management in corporate entities, this book will be of great use and interest to researchers and students of corporate governance, business and management, and corporate social responsibility.

Author : Diane Bugeja
Publisher : Bloomsbury Publishing
Page : 249 pages
File Size : 48,5 Mb
Release : 2019-12-12
Category : Law
ISBN : 9781509925889

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Reforming Corporate Retail Investor Protection by Diane Bugeja Pdf

The spate of mis-selling episodes that have plagued the financial services industries in recent years has caused widespread detriment to investors. Notwithstanding numerous regulatory interventions, curtailing the incidence of poor investment advice remains a challenge for regulators, particularly because these measures are taken in a 'fire-fighting' fashion without adequate consideration being given to the root causes of mis-selling. Against this backdrop, this book focuses on the sale of complex investment products to corporate retail investors by drawing upon the widespread mis-selling of interest rate hedging products (IRHP) in the UK and beyond. It brings to the fore the relatively understudied field concerning the different degrees of investor protection mechanisms applicable to individual retail investors – as opposed to corporate retail investors – by taking stock of past regulatory reforms and forthcoming regulatory initiatives as well as, more importantly, the conclusions reached by the judiciary in IRHP mis-selling claims. The conclusions are particularly interesting: corporate retail investors are in a vulnerable position when compared to individual retail investors. The former are exposed to a heightened risk of mis-selling, meaning that regulatory intervention should be targeted accordingly. The recommendations made as a result of these findings are further supported by insights emerging from behavioural law and economic theories. This book is aimed at researchers, lawyers and students with an interest in the financial regulation field who are keen to explore potential regulatory reforms to the investment services regime that address the root causes of mis-selling, and restore a level playing field amongst all retail investors.

Author : Stephen Davis,Jon Lukomnik,David Pitt-Watson
Publisher : Yale University Press
Page : 297 pages
File Size : 43,7 Mb
Release : 2016-05-24
Category : Business & Economics
ISBN : 9780300223811

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What They Do With Your Money by Stephen Davis,Jon Lukomnik,David Pitt-Watson Pdf

Each year we pay billions in fees to those who run our financial system. The money comes from our bank accounts, our pensions, our borrowing, and often we aren’t told that the money has been taken. These billions may be justified if the finance industry does a good job, but as this book shows, it too often fails us. Financial institutions regularly place their business interests first, charging for advice that does nothing to improve performance, employing short-term buying strategies that are corrosive to building long-term value, and sometimes even concealing both their practices and their investment strategies from investors. In their previous prizewinning book, The New Capitalists, the authors demonstrated how ordinary people are working together to demand accountability from even the most powerful corporations. Here they explain how a tyranny of errant expertise, naive regulation, and a misreading of economics combine to impose a huge stealth tax on our savings and our economies. More important, the trio lay out an agenda for curtailing the misalignments that allow the financial industry to profit at our expense. With our financial future at stake, this is a book that analysts, economists, policy makers, and anyone with a retirement nest egg can’t afford to ignore.

Author : Great Britain: Parliament: House of Commons: Environmental Audit Committee,Joan Walley
Publisher : The Stationery Office
Page : 176 pages
File Size : 43,5 Mb
Release : 2014-03-06
Category : Business & Economics
ISBN : 0215069323

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House of Commons - Envirionmental Audit Committee: Green Finance - HC 191 by Great Britain: Parliament: House of Commons: Environmental Audit Committee,Joan Walley Pdf

The Environmental Audit Committee points out that there is a large green finance gap. Investments are currently running at less than half of the £200 billion needed in energy infrastructure alone by 2020 to deliver national and international emissions reduction targets. And stock markets could be inflating a 'carbon bubble' by over-valuing companies with fossil fuel assets that will have to be left unburned in order to limit climate change. The Bank of England's Financial Policy Committee should seek advice from the independent Committee on Climate Change to help it monitor the systemic risk to financial stability associated with a carbon bubble. To address the green finance gap, the Government must provide a joined-up, stable and certain policy framework that maintains investor confidence and helps markets price in the cost of carbon. The Green Investment Bank has made a good start but does not currently have the power to borrow in order to leverage and enlarge its investments - limiting its potential to fill the green finance gap. Take up of the Green Deal has been poor and the Government must make it simpler and more attractive to households. The European Commission's (EC) proposed new rules for State Aid in the energy sector could limit the finance available to support community owned energy schemes. The Government must play a central role in agreeing ambitious and binding international commitments on climate change, both in the EU and in the run up to the UN climate talks in Paris 2015.

Author : Joseph Lee
Publisher : Routledge
Page : 215 pages
File Size : 46,7 Mb
Release : 2022-02-17
Category : Law
ISBN : 9780429657313

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Crypto-Finance, Law and Regulation by Joseph Lee Pdf

Crypto-Finance, Law and Regulation investigates whether crypto-finance will cause a paradigm shift in regulation from a centralised model to a model based on distributed consensus. This book explores the emergence of a decentralised and disintermediated crypto-market and investigates the way in which it can transform the financial markets. It examines three components of the financial market – technology, finance, and the law – and shows how their interrelationship dictates the structure of a crypto-market. It focuses on regulators’ enforcement policies and their jurisdiction over crypto-finance operators and participants. The book also discusses the latest developments in crypto-finance, and the advantages and disadvantages of crypto-currency as an alternative payment product. It also investigates how such a decentralised crypto-finance system can provide access to finance, promote a shared economy, and allow access to justice. By exploring the law, regulation and governance of crypto-finance from a national, regional and global viewpoint, the book provides a fascinating and comprehensive overview of this important topic and will appeal to students, scholars and practitioners interested in regulation, finance and the law.

Author : Anonim
Publisher : Stationery Office/Tso
Page : 271 pages
File Size : 55,8 Mb
Release : 2014-07-02
Category : Law
ISBN : 0102988331

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Fiduciary Duties of Investment Intermediaries by Anonim Pdf

A TSO version of a title previously published by HM Government.

Author : Stationery Office (Great Britain)
Publisher : Unknown
Page : 574 pages
File Size : 51,9 Mb
Release : 2013
Category : Government publications
ISBN : OSU:32435087610978

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The Stationery Office Annual Catalogue by Stationery Office (Great Britain) Pdf

Author : Andrew S. Gold,Paul B. Miller
Publisher : OUP Oxford
Page : 450 pages
File Size : 48,6 Mb
Release : 2014-08-14
Category : Law
ISBN : 9780191005299

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Philosophical Foundations of Fiduciary Law by Andrew S. Gold,Paul B. Miller Pdf

Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.