Legal Capital in Europe

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 9783899493399
Total Pages : 716 pages
Book Rating : 4.4/5 (933 download)

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Book Synopsis Legal Capital in Europe by : Marcus Lutter

Download or read book Legal Capital in Europe written by Marcus Lutter and published by Walter de Gruyter. This book was released on 2006 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe has known very different systems of company laws for a long time. These differences do not only pertain to the board structures of public companies, where single-tier and two-tier structures can be distinguished, they also pertain to the principles of fixed legal capital. Fixed legal capital is not a traditional ingredient of English and Irish company law and had to be incorpo-rated into these legal systems (only) for public limited companies according to the Second European Company Law Directive of 1976. Both jurisdictions have never really embraced these rules. Against this background, the British Accounting Standards Board (ASB) and the Company Law Centre at the British Institute of International and Comparative Law (BIICL) have initiated and supported a study of the benefits of this legal system by a group of experts led by Jonathan Rickford. The report of this group has been published in 2004. Its result was that legal capital was costly and superfluous; hence, the Second Directive should be repealed. The British government has adopted this view and wants the European Commission to act accordingly. Against this background a group of German and European company law experts, academics as well as practitioners, have come together to scrutinise sense and benefits of fixed legal capital and all its specific elements guided by the following questions: What is the relevant legal concept supposed to achieve? What does it achieve in reality? What criticisms are there? Which proposals or alternatives are available? From the outset the group of experts has endeavoured to cooperate with foreign colleagues, which resulted in very fruitful and pleasant exchanges. This volume contains, besides an executive summary of the results, 16 essays on specific aspects of legal capital in Germany covering also neighbouring fields of law (e.g. accounting, insolvency);7 reports on fixed legal capital in other jurisdictions (France, Great Britain, Italy, the Netherlands, Poland, Spain and the U.S.A.) addressing the same questions as the essays on German law. The British initiative disapproves of the Second Directive. The Directive does only deal with public limited companies in Europe, which is reflected in the analysis presented here. It is only concerned with the fixed legal capital of public limited companies, not with capital issues of private companies. The study has arrived at a result that differs completely from that of the Rickford group. It verifies the usefulness of the concept of fixed legal capital and wishes to convince the European Commission of the benefits of the Second Company Law Directive.

Capital Directive in Europe

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139991485
Total Pages : 1127 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis Capital Directive in Europe by : Dirk Van Gerven

Download or read book Capital Directive in Europe written by Dirk Van Gerven and published by Cambridge University Press. This book was released on 2014-05-29 with total page 1127 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of the Second Council Directive 77/91/EEC of 13 December 1976 (also known as the Capital Directive) and its implementing rules in each Member State of the European Union and the European Economic Area. It provides companies and advisors with useful insights regarding articles of association and related documents, the incorporation and capital requirements of European companies with limited liability and the rules applicable to the acquisition and pledge of their own shares, the cross-participations, the financial assistance and the distribution of profits. A general report on the Capital Directive is followed by a discussion of the implementation of the rules laid down in the Directive in the national laws of each Member State, each in accordance with a common format and contributed by a practitioner from that State.

Legal Capital in Europe

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 311092658X
Total Pages : 713 pages
Book Rating : 4.1/5 (19 download)

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Book Synopsis Legal Capital in Europe by : Marcus Lutter

Download or read book Legal Capital in Europe written by Marcus Lutter and published by Walter de Gruyter. This book was released on 2011-12-22 with total page 713 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe has known very different systems of company laws for a long time. These differences do not only pertain to the board structures of public companies, where single-tier and two-tier structures can be distinguished, they also pertain to the principles of fixed legal capital. Fixed legal capital is not a traditional ingredient of English and Irish company law and had to be incorpo-rated into these legal systems (only) for public limited companies according to the Second European Company Law Directive of 1976. Both jurisdictions have never really embraced these rules. Against this background, the British Accounting Standards Board (ASB) and the Company Law Centre at the British Institute of International and Comparative Law (BIICL) have initiated and supported a study of the benefits of this legal system by a group of experts led by Jonathan Rickford. The report of this group has been published in 2004. Its result was that legal capital was costly and superfluous; hence, the Second Directive should be repealed. The British government has adopted this view and wants the European Commission to act accordingly. Against this background a group of German and European company law experts, academics as well as practitioners, have come together to scrutinise sense and benefits of fixed legal capital and all its specific elements guided by the following questions: What is the relevant legal concept supposed to achieve? What does it achieve in reality? What criticisms are there? Which proposals or alternatives are available? From the outset the group of experts has endeavoured to cooperate with foreign colleagues, which resulted in very fruitful and pleasant exchanges. This volume contains, besides an executive summary of the results, 16 essays on specific aspects of legal capital in Germany covering also neighbouring fields of law (e.g. accounting, insolvency); 7 reports on fixed legal capital in other jurisdictions (France, Great Britain, Italy, the Netherlands, Poland, Spain and the U.S.A.) addressing the same questions as the essays on German law. The British initiative disapproves of the Second Directive. The Directive does only deal with public limited companies in Europe, which is reflected in the analysis presented here. It is only concerned with the fixed legal capital of public limited companies, not with capital issues of private companies. The study has arrived at a result that differs completely from that of the Rickford group. It verifies the usefulness of the concept of fixed legal capital and wishes to convince the European Commission of the benefits of the Second Company Law Directive.

Regulating EU Capital Markets Union

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192882686
Total Pages : 545 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Regulating EU Capital Markets Union by :

Download or read book Regulating EU Capital Markets Union written by and published by Oxford University Press. This book was released on 2024-03-14 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current framework of EU regulation concerning capital markets is complex and partly inconsistent in the way that it is applied in the various Member States. Through the Capital Markets Union (CMU) project the European Union is pursuing the goal of establishing a true single market for capital in Europe. Regulating EU Capital Markets Union: Fundamentals of a European Code is the first of a two-volume series proposing the codification of EU legislature as a way to establish this goal. This book analyses all existing capital markets regulation. It explains the idea of codification, looks at the added value of a European Capital Markets Code, discusses key concepts of the current regimes and elaborates on the goals of the future codification act. The work explores the idea that the provisions spread over numerous rulebooks should be brought together in a single legal act in the form of a regulation and organized in a systematic way to reduce complexity thereby facilitating accessibility of capital markets law. Drawing on the experience of academics from various European countries, this volume discusses possible contents of a European Capital Markets Code, addresses approaches to regulatory reforms and explores the role of private enforcement.

A Capital Market Union for Europe

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Author :
Publisher : International Monetary Fund
ISBN 13 : 1498313272
Total Pages : 30 pages
Book Rating : 4.4/5 (983 download)

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Book Synopsis A Capital Market Union for Europe by : Mr.Ashok Vir Bhatia

Download or read book A Capital Market Union for Europe written by Mr.Ashok Vir Bhatia and published by International Monetary Fund. This book was released on 2019-09-10 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: This note weighs the merits of a capital market union (CMU) for Europe, identifies major obstacles in its path, and recommends a set of carefully targeted policy actions. European capital markets are relatively small, resulting in strong bank-dependence, and are split sharply along national lines. Results include an uneven playing field in terms of corporate funding costs, the rationing out of collateral-constrained firms, and limited shock absorption. The benefits of integration center on expanding financial choice, ultimately to support capital formation and resilience. Capital market development and integration would support a healthy diversity in European finance. Proceeding methodically, the note identifies three key barriers to greater capital market integration in Europe: transparency, regulatory quality, and insolvency practices. Based on these findings, the note urges three policy priorities, focused on the three barriers. There is no roadblock—such steps should prove feasible without a new grand bargain.

Capital Directive in Europe

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Author :
Publisher : Cambridge University Press
ISBN 13 : 052149334X
Total Pages : 1127 pages
Book Rating : 4.5/5 (214 download)

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Book Synopsis Capital Directive in Europe by : Dirk Van Gerven

Download or read book Capital Directive in Europe written by Dirk Van Gerven and published by Cambridge University Press. This book was released on 2014-05-29 with total page 1127 pages. Available in PDF, EPUB and Kindle. Book excerpt: An overview of the Capital Directive and its implementation in the European Union and the European Economic Area.

Financial Services in Europe

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041130470
Total Pages : 260 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Financial Services in Europe by : Martijn van Empel

Download or read book Financial Services in Europe written by Martijn van Empel and published by Kluwer Law International B.V.. This book was released on 2008-04-10 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Alternative Investment Fund Managers Directive

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041149953
Total Pages : 948 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Alternative Investment Fund Managers Directive by : Dirk A. Zetzsche

Download or read book The Alternative Investment Fund Managers Directive written by Dirk A. Zetzsche and published by Kluwer Law International B.V.. This book was released on 2015-09-14 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt: Apart from MiFID, the Alternative Investment Fund Managers Directive (AIFMD) may be the most important European asset management regulation of the early twenty-first century. In this in-depth analytical and critical discussion of the content and system of the directive, thirty-eight contributing authors – academics, lawyers, consultants, fund supervisors, and fund industry experts – examine the AIFMD from every angle. They cover structure, regulatory history, scope, appointment and authorization of the manager, the requirements for depositaries and prime brokers, rules on delegation, reporting requirements, transitional provisions, and the objectives stipulated in the recitals and other official documents. The challenging implications and contexts they examine include the following: – connection with systemic risk and the financial crisis; - nexus with insurance for negligent conduct; - connection with corporate governance doctrine; - risk management; - transparency; - the cross-border dimension; - liability for lost assets; - impact on alternative investment strategies, and - the nexus with the European Regulation on Long-Term Investment Funds (ELTIFR). Nine country reports, representing most of Europe’s financial centres and fund markets add a national perspective to the discussion of the European regulation. These chapters deal with the potential interactions among the AIFMD and the relevant laws and regulations of Austria, France, Germany, Italy, Luxembourg, Liechtenstein, The Netherlands, Malta and the United Kingdom. The second edition of the book continues to deliver not only the much-needed discussion of the inconsistencies and difficulties when applying the directive, but also provides guidance and potential solutions to the problems it raises. The second edition considers all new developments in the field of alternative investment funds, their managers, depositaries, and prime brokers, including, but not limited to, statements by the European Securities and Markets Authority (ESMA) and national competent authorities on the interpretation of the AIFMD, as well as new European regulation, in particular the PRIIPS Regulation, the ELTIF Regulation, the Regulation on European Venture Capital Funds (EuVeCaR), the Regulation on European Social Entrepreneurship Funds (EUSEFR), MiFID II, and UCITS V. The book will be warmly welcomed by investors and their counsel, fund managers, depositaries, asset managers, administrators, as well as regulators and academics in the field.

European Capital Markets Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509942130
Total Pages : 787 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis European Capital Markets Law by : Rüdiger Veil

Download or read book European Capital Markets Law written by Rüdiger Veil and published by Bloomsbury Publishing. This book was released on 2022-03-24 with total page 787 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The richness, clarity and nuances of the structure and methodology followed by the contributors make the book a very valuable tool for students... seeking to obtain a general understanding of the market and how it is regulated.” – Ligia Catherine Arias Barrera, Banking & Finance Law Review The fully updated edition of this user-friendly textbook continues to systematise the European law governing capital markets and examines the underlying concepts from a broadly interdisciplinary perspective. The 3rd edition deals with 3 central developments: the project of the capital markets union; sustainable finance; and the further digitalisation of financial instruments and securities markets. The 1st chapter deals with the foundations of capital markets law in Europe, the 2nd explains the basics, and the 3rd examines the regime on market abuse. Chapter 4 explores the disclosure system and chapter 5 short-selling and high-frequency trading. The role of intermediaries, such as financial analysts, rating agencies, and proxy advisers, is described in chapter 6. Chapter 7 explains compliance and corporate governance in investment firms and chapter 8 illustrates the regulation of benchmarks. Finally, chapter 9 deals with public takeovers. Throughout the book emphasis is placed on legal practice, and frequent reference is made to the key decisions of supervisory authorities and courts. This is essential reading for students involved in the study of capital markets law and financial law.

A Banking Union for the Euro Area

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Publisher : International Monetary Fund
ISBN 13 : 1475569823
Total Pages : 31 pages
Book Rating : 4.4/5 (755 download)

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Book Synopsis A Banking Union for the Euro Area by : Rishi Goyal

Download or read book A Banking Union for the Euro Area written by Rishi Goyal and published by International Monetary Fund. This book was released on 2013-02-12 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: The SDN elaborates the case for, and the design of, a banking union for the euro area. It discusses the benefits and costs of a banking union, presents a steady state view of the banking union, elaborates difficult transition issues, and briefly discusses broader EU issues. As such, it assesses current plans and provides advice. It is accompanied by three background technical notes that analyze in depth the various elements of the banking union: a single supervisory framework; a single resolution and common safety net; and urgent issues related to repair of weak banks in Europe.

European Community Law on the Free Movement of Capital and the Emu

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041111531
Total Pages : 404 pages
Book Rating : 4.1/5 (115 download)

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Book Synopsis European Community Law on the Free Movement of Capital and the Emu by : Sideek Mohamed

Download or read book European Community Law on the Free Movement of Capital and the Emu written by Sideek Mohamed and published by Martinus Nijhoff Publishers. This book was released on 1999-03-02 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the EC rules on the free movement of capital and economic and monetary union (EMU). In the context of capital freedom, the author performs a critical analysis, supported by case law, of the problems connected with the abolition of capital controls within the European Community and between the European Community and third countries. The book highlights some of the negative consequences of capital freedom, such as the scope for tax evasion and money laundering. EC rules on EMU, such as the rules on convergence criteria, Stability and Growth Pact, the euro and the continuity of contract, and others, are also presented in a detailed and critical manner.

The Capital Requirements (Amendment) (EU Exit) Regulations 2018

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Author :
Publisher :
ISBN 13 : 9780111174661
Total Pages : 80 pages
Book Rating : 4.1/5 (746 download)

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Book Synopsis The Capital Requirements (Amendment) (EU Exit) Regulations 2018 by : GREAT BRITAIN.

Download or read book The Capital Requirements (Amendment) (EU Exit) Regulations 2018 written by GREAT BRITAIN. and published by . This book was released on 2018-11-19 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enabling power: European Communities Act 1972, s. 2 (2) & European Union (Withdrawal) Act 2018, s. 8 (1), sch. 7, para. 21. Issued: 19.11.2018. Sifted: -. Made: -. Laid: -. Coming into force: In accord. with reg. 1. Effect: S.I. 2008/346; 2013/3115, 3118; 2014/894 amended. Territorial extent & classification: E/W/S/NI. EC note: Regulation (EU) no. 575/2013 on prudential requirements for credit institutions & investment firms and amending Regulatino (EU) no. 648/2012; Commission Delegated Regulation (EU) 2015/61 supplementing Regulation (EU) no. 575/2013 with regard to liquidity coverage requement for credit institutions; Commission Delegated Regulation (EU) 1222/2014 supplementing Directive 2013/36/EU with regard to regulatory technical standards for the specification of the methodology for the identificaiton of glable systemically important institutions and for the defintion of subcategories of global systemically important institutions amended. For approval by resolution of each House of Parliament

Financial Regulation in the European Union

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Author :
Publisher : Routledge
ISBN 13 : 1317428838
Total Pages : 412 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis Financial Regulation in the European Union by : Rainer Kattel

Download or read book Financial Regulation in the European Union written by Rainer Kattel and published by Routledge. This book was released on 2015-10-08 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Capital Requirements (Amendment) (EU Exit) Regulations 2018

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Author :
Publisher :
ISBN 13 : 9780111177778
Total Pages : 80 pages
Book Rating : 4.1/5 (777 download)

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Book Synopsis The Capital Requirements (Amendment) (EU Exit) Regulations 2018 by : Great Britain

Download or read book The Capital Requirements (Amendment) (EU Exit) Regulations 2018 written by Great Britain and published by . This book was released on 2018-12-28 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enabling power: European Communities Act 1972, s. 2 (2) & European Union (Withdrawal) Act 2018, s. 8 (1), sch. 7, para. 21. Issued: 28.12.2018. Sifted: -. Made: -. Laid: -. Coming into force: In accord. with reg. 1. Effect: S.I. 2008/346; 2013/3115, 3118; 2014/894 amended. Territorial extent & classification: E/W/S/NI. Supersedes draft S.I. (ISBN 9780111174661) issued 19.11.2018. EC note: Regulation (EU) no. 575/2013 on prudential requirements for credit institutions & investment firms and amending Regulatino (EU) no. 648/2012; Commission Delegated Regulation (EU) 2015/61 supplementing Regulation (EU) no. 575/2013 with regard to liquidity coverage requement for credit institutions; Commission Delegated Regulation (EU) 1222/2014 supplementing Directive 2013/36/EU with regard to regulatory technical standards for the specification of the methodology for the identificaiton of glable systemically important institutions and for the defintion of subcategories of global systemically important institutions amended. For approval by resolution of each House of Parliament

Money Law, Capital, and the Changing Identity of the European Union

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509956816
Total Pages : 269 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Money Law, Capital, and the Changing Identity of the European Union by : Gabriella Gimigliano

Download or read book Money Law, Capital, and the Changing Identity of the European Union written by Gabriella Gimigliano and published by Bloomsbury Publishing. This book was released on 2022-09-08 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses 3 questions: is money a way to create a European Union identity? If so, which type of identity is this? And in what ways is the EU identity changing? The book brings together experts from a variety of backgrounds and academic approaches to analyse the law of money and payments on the one side, and the law of capital and investments on the other. The book is divided into 2 parts. Part I covers scriptural, electronic, and digital money. It analyses the European framework for payment services users, explores limits and challenges of the Banking Union, and looks at the project for a digital euro. Part II investigates the policy and regulatory drivers of the EU's changing identity, from the early modern roots of the European law of money and capital to the regulatory strategy set in the Capital Markets Union and the role conferred on venture capital; from the fintech-based developments of payment systems to the newly-established fiscal and monetary policies in the post-COVID phase. The book will be of interest to researchers, academics and policy makers in the fields of law and regulation, as well as political economy and political sciences.

European Banking and Financial Law

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Author :
Publisher : Routledge
ISBN 13 : 1317483081
Total Pages : 281 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis European Banking and Financial Law by : Matthias Haentjens

Download or read book European Banking and Financial Law written by Matthias Haentjens and published by Routledge. This book was released on 2015-06-05 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Supervision of Financial Holding Companies in Europe

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Author :
Publisher :
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Supervision of Financial Holding Companies in Europe by : Michael Gruson

Download or read book Supervision of Financial Holding Companies in Europe written by Michael Gruson and published by . This book was released on 2002 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: