The Law Of Financial Services Groups

Author : Charles H. R. Morris
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 49,9 Mb
Release : 2019
Category : Law
ISBN : 0198844654

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The Law of Financial Services Groups by Charles H. R. Morris Pdf

Most legal text books and practitioners' guides focus on the impact of financial services law and regulation as applicable to individual legal entities: the application of such law and regulation on a group basis is often a cursory afterthought, or neglected altogether. This book reverses the balance. It is the first book to fully and systematically address how groups of businesses within the financial services sector are regulated. It starts with the company law and corporate insolvency law foundations and how they are established and formed into groups. It then builds up through prudential regulation and resolution-driven principles, focusing on such how regulations apply and operate at a consolidated group and sub-group level, to the structural responses from firms and counter-responses from legislators and regulators. This new work also considers the tensions that arise from the conflicts between authorities and legal systems on a cross-border basis, and between the formal legal system and the powers and agendas of the regulators. In its final section, the book applies the principles explored in previous sections to a wide range of transaction types. The book covers intragroup transactions, and the role that regulation plays requiring and restricting the movement of financial resources around groups. It is up-to-date as at April 2019, marking the culmination of over 10 years of intense regulatory change, addresses UK ring-fencing rules and EU and US intermediate parent undertaking requirements, and considers the impact of Brexit and the EU banking reform/risk reduction package.

Author : Anonim
Publisher : Cambria Press
Page : 330 pages
File Size : 44,5 Mb
Release : 2024-06-29
Category : Electronic
ISBN : 9781621968856

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Legal Aspects of Combating Corruption: The Case of Zambia by Anonim Pdf

Author : Milton R. Schroeder
Publisher : Unknown
Page : 128 pages
File Size : 50,9 Mb
Release : 2024-06-29
Category : Banking law
ISBN : 0791321835

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The Law and Regulation of Financial Institutions by Milton R. Schroeder Pdf

Author : William Anthony Lovett
Publisher : Unknown
Page : 500 pages
File Size : 45,9 Mb
Release : 1997
Category : Banking law
ISBN : STANFORD:36105062091504

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Banking and Financial Institutions Law in a Nutshell by William Anthony Lovett Pdf

Evolution of Banking and Financial Institutions Law; Money and Banking; Banking Market Regulation: Thrift Institutions; Securities Market Regulation; Insurance Regulation; Pension Funds. Retirement Account and Social Security; Controversies and Prospects.

Author : Dick Frase,Robert W. Helm,Martin James Day
Publisher : Sweet & Maxwell
Page : 365 pages
File Size : 54,7 Mb
Release : 2012
Category : Business & Economics
ISBN : 9780414049413

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A Practitioner's Guide to Conflicts of Interest in the Financial Services Industry by Dick Frase,Robert W. Helm,Martin James Day Pdf

This title examines in a practical manner the complex law and regulations that now exist in the United Kingdom, the United States of America and various other important jurisdictions concerning the concept of conflicts of interest and how the principles have been applied in the financial services industry

Author : Robert Danon,Vikram Chand,Guglielmo Maisto,Amanda Pletz
Publisher : Kluwer Law International B.V.
Page : 1053 pages
File Size : 55,5 Mb
Release : 2023-08-29
Category : Law
ISBN : 9789403540351

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Applying the Arm's Length Principle to Intra-group Financial Transactions by Robert Danon,Vikram Chand,Guglielmo Maisto,Amanda Pletz Pdf

It is well known that intercompany financing arrangements have become increasingly subject to scrutiny in contexts of applying transfer pricing and anti-tax avoidance-related rules. With contributions by more than 50 leading global transfer pricing and international tax experts from law firms, multinational enterprises, academia, and tax administrations, this book provides unparalleled insights into the application of the Arm’s Length Principle to different types of financial transactions, application of anti-avoidance rules to various intra-group financial arrangements as well as the business value creation process and the dispute management landscape that underlie intra-group financial transactions. With in-depth analysis of the legislation and market developments that fuel the diverse range of financing options available to market participants – and loaded with practical examples and case studies that cover the legal and economic considerations that arise when analysing intra-group finance – the contributors examine such topics and issues as the following: national anti-abuse rules applicable to financial transactions; tax treaty issues; role of credit ratings and impact of implicit support; loans, cash pooling, financial guarantees; transfer pricing aspects of performance guarantees; ‘mezzanine’ financing; considerations for crypto financing; impact of crises situations such as COVID-19; how treasury operations can be structured in a group and the decision-making process involved; how hedges offset or mitigate risks; how to apply the arm’s length principle to factoring and captive insurance transactions; comparability analysis for various transactions; special considerations for transactions carried out by a permanent establishment; EU state aid and its interaction with transfer pricing rules; dispute prevention and resolution tools under the OECD, UN, and EU frameworks; and developing countries’ perspectives, focusing on Brazil, India, and South Africa. Given the challenges facing taxpayers and tax authorities alike, this book will prove an immeasurably valuable reference guide to support tax practitioners, tax administrations, and tax scholars in developing standards and policies in dealing with intra-group financing issues.

Author : Doron Goldbarsht,Louis de Koker
Publisher : Springer Nature
Page : 316 pages
File Size : 50,6 Mb
Release : 2022-02-04
Category : Law
ISBN : 9783030880361

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Financial Technology and the Law by Doron Goldbarsht,Louis de Koker Pdf

Blockchains and cryptocurrencies, open banking, virtual assets, and artificial intelligence have become the buzzword of this decade. This book focuses on these ‘disruptive’ financial technologies that provide alternatives to the traditional financial services typically offered by regulated financial institutions. Financial technologies are characterized by the innovative ways in which they initiate, support or extend traditional financial services or offer alternative financial pathways and products. However, these financial technologies also pose money laundering and terrorist and proliferation financing as well as cyber security risks that require mitigation. This edited volume addresses a range of regulatory and enforcement challenges related to financial technology and financial crime. The book responds to the United Nations’ Sustainable Development Goals, in particular in relation to economic development, employment, national security, law enforcement and social well-being. Fostering responsible financial innovation promotes long-term economic growth, inclusion, and improved living standards. This book explores how to promote financial innovation while mitigating risks in a way that ensures financial prosperity and social inclusion.

Author : Klaus J. Hopt,Christa Jessel-Holst,Katharina Pistor
Publisher : Mohr Siebeck
Page : 342 pages
File Size : 42,8 Mb
Release : 2003
Category : Law
ISBN : 3161480899

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Systemtransformation In Mittel Und Osteuropa Und I by Klaus J. Hopt,Christa Jessel-Holst,Katharina Pistor Pdf

English summary: In this volume, leading scholars from Central and Eastern European countries and from Western Europe as well work out suggestions for dealing with company groups in transforming countries' groups. German description: Wahrend Unternehmensgruppen in Westeuropa Gegenstand intensiver, auch rechtsvergleichender Forschung und lebhafter rechtspolitischer Diskussionen sind, lassen sich Kenntnisse uber Unternehmensgruppen in mittel- und osteuropaischen Landern haufig nur mit betrachtlichem Aufwand und bisher nur fur einzelne Lander gewinnen.Wie entstehen und verhalten sich Unternehmensgruppen in diesen Transformationslandern? Fuhrende Wissenschaftler aus Mittel-, Ost- und Westeuropa untersuchen dies aus rechtlicher und okonomischer Sicht.Dieser Band enthalt die Beitrage eines Symposions, das 2000 in Hamburg stattfand, und die dort erarbeiteten Vorschlage unter Berucksichtigung zwischenzeitlicher Rechtsanderungen.

Author : Andrea Lista
Publisher : Taylor & Francis
Page : 440 pages
File Size : 43,7 Mb
Release : 2013-06-07
Category : Law
ISBN : 9781135044640

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EU Competition Law and the Financial Services Sector by Andrea Lista Pdf

Competition law is a complex and constantly evolving area of law which affects every aspect of the market economy, including the financial services sector. This book is a comprehensive and practical guide to the application of the EU competition rules to banking and insurance industries. This book is divided into two parts: the first part explores the application of Articles 101, 102 and 107 TFEU to the insurance industry. Emphasis is placed on recent changes which have progressively eroded the block exemption regime that traditionally benefited the insurance industry. In the second part of the book, focus is on the application of the Articles of TFEU to the banking industry, with specific reference to card payment systems, which give rise to some of the most intricate antitrust issues in the financial services sector. Relevant Commission decisions and European Court of Justice case law are discussed and suggestions are made for an alternative regulatory framework through comparative analysis of US regulations. This book will be an invaluable reference point for legal practitioners specialising in EU Competition law, as well as postgraduate students and academic researchers working in competition law and the financial services sector.

Author : Kenneth Kaoma Mwenda
Publisher : World Bank Publications
Page : 182 pages
File Size : 47,7 Mb
Release : 2006-01-01
Category : Business & Economics
ISBN : 9780821364604

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Legal Aspects of Financial Services Regulation and the Concept of a Unified Regulator by Kenneth Kaoma Mwenda Pdf

That different types of financial services and products continue to spring up in the financial sector of many countries is indicative of the changing landscape of the financial services industry globally. Equally important, as indicators of the evolving trajectory of financial services regulation, are increases in the number of countries where universal banking is practiced and in numbers of parent and subsidiary companies providing different types of financial services and products. This book is written against that background. A central thesis pursued in the book is that until there is a longer track record of experience with unified regulators, it is difficult to come to firm conclusions about the restructuring process of regulators, and the optimal internal structure of such agencies. In addition, the book examines the concept of an independent regulator, showing how this concept, as a corollary to the concept of a unified regulator, could strengthen the regulatory and institutional framework for financial services supervision if accountability were to be part of such a framework.

Author : Joe McGrath,Ciaran Walker
Publisher : Springer Nature
Page : 234 pages
File Size : 52,7 Mb
Release : 2022-01-01
Category : Social Science
ISBN : 9783030887155

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New Accountability in Financial Services by Joe McGrath,Ciaran Walker Pdf

This book is a critical examination of recently introduced individual accountability regimes that apply to the financial services industry in the UK (SMCR) and Australia (BEAR and the forthcoming FAR), together with a forthcoming new individual accountability regime ( in particular, SEAR) in Ireland. It provides a framework for analysing whether these regimes will achieve behavioural change in the financial services industry. This book argues that, whilst sanctioning individuals to deter future misconduct is an important part of any successful regulatory strategy, the focus should be on ensuring that individuals in the financial services industry internalise the norms of behaviour expected under the new regimes. In this regard, the analysis in this book is informed by criminological theory, regulatory theory and behavioural science. The work also argues for a “trajectory towards professionalisation” of financial services, and banking in particular, as an important means of positively influencing industry-wide norms of behaviour, which have a key influence on firms’ and individuals’ behaviours.

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 50,7 Mb
Release : 2009
Category : Financial institutions
ISBN : 031419939X

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Understanding the Legal Needs of Financial Services Companies by Anonim Pdf

Understanding the Legal Needs of Financial Services Companies is an authoritative, insiders perspective on the strategic thinking behind serving as in-house counsel within the financial services industry. Featuring chief legal officers and general counsel representing a variety of financial services companies across the country, this book provides a broad yet comprehensive overview of the corporate situations that require legal assistance in the financial services industry and the responsibilities of in-house counsel when advising on these issues. Explaining the role played by general counsel as a part of the executive team, these leaders offer advice on overseeing regulatory compliance programs, applying legal knowledge to business development decisions, calculating risk, and securing sensitive financial information. Additionally, the authors share their secrets for staying well-versed on the threats and opportunities facing companies in the industry, including changes to e-discovery, trends in business method patents, and the launches of new products by other financial institutions. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experts offer up their thoughts around the keys to navigating the legal issues associated with doing business in the financial services market.

Author : Andreas Kokkinis
Publisher : Routledge
Page : 224 pages
File Size : 49,5 Mb
Release : 2017-11-20
Category : Law
ISBN : 9781351972772

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Corporate Law and Financial Instability by Andreas Kokkinis Pdf

Virtually all large banks and other financial institutions in the UK and internationally are public limited liability companies whose shares are listed on one or several stock exchanges. As such, their corporate governance and, in particular, the incentives faced by their directors and senior managers are to a significant extent determined by corporate and securities law rules such as directors’ duties, directors’ liability in insolvency, takeover regulation, disclosure obligations, shareholder rights and rules on executive remuneration. At the same time, systemically important financial institutions in the UK are licensed, regulated and supervised by the Prudential Regulation Authority (PRA). This book explores the relationship between, on the one hand, the broader corporate law, corporate governance and securities law framework and, on the other, the prudential regulatory framework. Although the book’s main focus is on UK law, much of the policy argumentation is relevant globally and therefore appropriate international comparisons are drawn, and analysis of EU law and regulation is included. The book argues that the corporate law regime, which focuses on shareholder empowerment and profit maximisation, operates as an antithesis to prudential regulatory objectives thus undermining the safety and soundness of banks and other financial institutions by encouraging risky behaviour that may be in the best interests of their shareholders, but is clearly not in the public interest.

Author : Laurie R. Blank
Publisher : Unknown
Page : 44 pages
File Size : 50,5 Mb
Release : 2002
Category : Economic assistance
ISBN : PURD:32754074129580

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The Role of International Financial Institutions in International Humanitarian Law by Laurie R. Blank Pdf

SCOTT (copy 1): From the John Holmes Library collection.

Author : Gail Pearson
Publisher : Cambridge University Press
Page : 629 pages
File Size : 49,9 Mb
Release : 2009-03-30
Category : Law
ISBN : 9781139475891

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Financial Services Law and Compliance in Australia by Gail Pearson Pdf

Up until the global credit crisis in 2008, 'Financial Services' was the fastest growing sector of the Australian economy. This growth has had profound implications for individuals, corporations and government. Following extensive review in the last part of the twentieth century, Australia put in place an overarching system for regulating all financial services, replacing a system that was based on separate regulation of products in individual industries. Focusing on the implications of the new system for retail clients - 'financial citizens' - Financial Services Law and Compliance in Australia provides a comprehensive account of the regulatory structure and a detailed analysis of the legislative framework, including discussion of the new regulatory bodies, the new licensing requirements for those wishing to enter the financial services market and the new obligations for those marketing or offering financial services to the public. This is an essential resource for those working in, and advising on, financial services, for students of financial services law, and for anyone needing to understand this new regime in Australia.