Corporate Law and Financial Instability

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Author :
Publisher : Routledge
ISBN 13 : 1351972774
Total Pages : 276 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Corporate Law and Financial Instability by : Andreas Kokkinis

Download or read book Corporate Law and Financial Instability written by Andreas Kokkinis and published by Routledge. This book was released on 2017-11-20 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Conduct and Pay in the Financial Services Industry

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1317189930
Total Pages : 350 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Conduct and Pay in the Financial Services Industry by : Thomas Ogg

Download or read book Conduct and Pay in the Financial Services Industry written by Thomas Ogg and published by Taylor & Francis. This book was released on 2017-03-27 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the financial crisis, one of the key priorities of the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) has been individual accountability. This book addresses the regulatory and employment law challenges that arise from the FCA’s and PRA’s requirements. The expert team of writers examine in depth the provisions of the Financial Services and Markets Act 2000 which relate to individuals, and the associated requirements of the PRA and FCA. The topics addressed include: The Senior Manager, Certification and Approved Person Regimes Regulatory references and whistleblowing Disciplinary investigations, enforcement and sanctions Notifications, ‘Form C’, and fitness & propriety Bonus disputes and the Remuneration Code Conduct and Pay in the Financial Services Industry considers the full extent of an individual’s employment, from pre-contractual discussions to the post-termination clawback of remuneration. It is a vital reference for lawyers and human resources professionals working within the financial services industry, both in-house and in private practice. It will also be of interest to all academics, regulators and policy-makers involved in this sector.

Criminal Liability of Managers in Europe

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509914986
Total Pages : 370 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Criminal Liability of Managers in Europe by : Stanislaw Tosza

Download or read book Criminal Liability of Managers in Europe written by Stanislaw Tosza and published by Bloomsbury Publishing. This book was released on 2018-12-27 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every managerial decision is risky, at least to some extent. Conducting business is impossible without venturing into new territories and even the most ordinary daily choices could turn out to be failures. Excessive risk, however, can be very detrimental as was starkly illustrated by the most recent financial crisis. By criminalising managers' excessive risk-taking criminal law enters a sphere which is at the core of the activity it affects. At the same time it provides for criminal punishment for courses of conduct that, without doubt, can be extremely harmful. The objective of this book is to examine existing criminalisation of excessive risk-taking as well as to analyse whether such criminalisation is desirable and if yes, under which conditions.

Damages and Compensation Culture

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509902058
Total Pages : 581 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Damages and Compensation Culture by : Eoin Quill

Download or read book Damages and Compensation Culture written by Eoin Quill and published by Bloomsbury Publishing. This book was released on 2016-11-17 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of the essays in this book is on the relationship between compensation culture, social values and tort damages for personal injuries. A central concern of the public and political perception of personal injuries claims is the high cost of tort claims to society, reflected in insurance premiums, often accompanied by an assumption that tort law and practice is flawed and improperly raising such costs. The aims of this collection are to first clarify the relationship between tort damages for personal injuries and the social values that the law seeks to reflect and to balance, then to critically assess tort reforms, including both proposals for reform and actual implemented reforms, in light of how they advance or hinder those values. Reforms of substantive and procedural law in respect of personal injury damages are analysed, with perspectives from England and Wales, Canada, Australia, Ireland and continental Europe. The essays offer valuable insights to anyone interested in the reform of tort law or the tort process in respect of personal injuries.

Corporate Insolvency: Employment and Pension Rights

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Publisher : Bloomsbury Publishing
ISBN 13 : 1526515636
Total Pages : 1214 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Corporate Insolvency: Employment and Pension Rights by : David Pollard

Download or read book Corporate Insolvency: Employment and Pension Rights written by David Pollard and published by Bloomsbury Publishing. This book was released on 2022-10-24 with total page 1214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bridges the gap between the three distinct disciplines of pensions, employment and corporate insolvency law. Through a mix of legislation, case law, analysis and comment, this well-regarded text gives you all the information you need to answer your clients' questions. It outlines the legal principles applicable where the three regimes interact, with a particular focus on the application of the rules relating to corporate insolvency and how they impact on employees and their pension rights. For example: - How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? - Who is liable, and what priority is given to past or future claims? Updates for the 7th edition include: - Full treatment of CVAs and pensions - Implications of the Court of Appeal decision in Granada/Box Clever about “association” and about Pensions Regulator powers - Implications of proposed pensions legislation, including new criminal offences - New Crown preferential debts Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment and insolvency fields. If you work as an employment, pensions or corporate insolvency practitioner, you'll find its up-to-date case law and practical analysis an essential aid to your work. This title is included in Bloomsbury Professional's Insolvency Law online service.

Consumer and SME Credit Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 152651589X
Total Pages : 2506 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Consumer and SME Credit Law by : Nora Beausang

Download or read book Consumer and SME Credit Law written by Nora Beausang and published by Bloomsbury Publishing. This book was released on 2021-12-16 with total page 2506 pages. Available in PDF, EPUB and Kindle. Book excerpt: With 2000+ pages of guidance, this important new textbook provides an extensive and in-depth guide to the current labyrinthine regulatory regime relating to consumer and SME credit (by way of cash loans) and protection generally, including the Consumer Protection Code, the Consumer Credit Act (housing loans and non-housing loans), the EU Consumer Credit Regulations, the EU Mortgage Credit Regulations and the Central Bank Housing Loan Regulations. Other lending-related conduct of business requirements are also covered in detail, including the Code of Conduct on Mortgage Arrears, the Lending to SME Regulations, the Code on Related Parties Lending and the Credit Reporting Act, together with applicable EBA/ECB Guidelines dealing with loan origination, product oversight and governance, non-performing exposures/loans and arrears. The regulated activities triggering authorisation as a retail credit firm or credit servicing firm are also addressed in detail. The book additionally extends beyond lending to have application to the wider business of regulated firms in the financial services arena, dealing in detail with issues including the general principles and requirements of the Consumer Protection Code,the fitness and probity regime including the area of minimum competency, distance marketing requirements and other background to the regulatory regime in Ireland including the increased regulatory focus on the culture of regulated firms and product oversight and governance. The available redress/recourse mechanisms are also covered, including the Financial Services and Pensions Ombudsman, the Credit Review Office, the regulatory and other consequences of breach of applicable requirements and the significant risk management area for regulated firms of their customers' statutory right to redress on breach of financial services legislation. In addition, the book has relevance to professionals dealing with consumers in any contractual context including extensive treatment of how the concept of 'consumer' has developed under common law, the unfair commercial practices regime and the increasingly topical area of unfair contract terms legislation. Relevant case law of the Irish courts and other common law jurisdictions, together with an expanding corpus of decisions from the CJEU, are addressed in detail. This book's practical style is designed to assist bankers, other regulated firms, lawyers, compliance professionals and regulators in the application of a complex area. Rather than simply setting out the separate requirements, the book seeks to navigate the at times contradictory legislative and regulatory strands to give (in so far as is possible) a coherent sense of how they integrate. Much of the content is unique and cannot be found in any other publication. An essential addition to the library of every lender, practitioner and compliance and regulatory risk professional, particularly in the areas of consumer and SME credit.

Law and Corporate Behaviour

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782255834
Total Pages : 768 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Law and Corporate Behaviour by : Christopher Hodges

Download or read book Law and Corporate Behaviour written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2015-10-22 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the theories and practice of how to control corporate behaviour through legal techniques. The principal theories examined are deterrence, economic rational acting, responsive regulation, and the findings of behavioural psychology. Leading examples of the various approaches are given in order to illustrate the models: private enforcement of law through litigation in the USA, public enforcement of competition law by the European Commission, and the recent reform of policies on public enforcement of regulatory law in the United Kingdom. Noting that behavioural psychology has as yet had only limited application in legal and regulatory theory, the book then analyses various European regulatory structures where behavioural techniques can be seen or could be applied. Sectors examined include financial services, civil aviation, pharmaceuticals, and workplace health & safety. Key findings are that 'enforcement' has to focus on identifying the causes of non-compliance, so as to be able to support improved performance, rather than be based on fear motivating complete compliance. Systems in which reporting is essential for safety only function with a no-blame culture. The book concludes by proposing an holistic model for maximising compliance within large organisations, combining public regulatory and criminal controls with internal corporate systems and external influences by stakeholders, held together by a unified core of ethical principles. Hence, the book proposes a new theory of ethical regulation. This title is included in Bloomsbury Professional's International Arbitration online service.

Model Rules of Professional Conduct

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Author :
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Banking reform

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Author :
Publisher : Stationery Office
ISBN 13 : 9780101866026
Total Pages : 110 pages
Book Rating : 4.8/5 (66 download)

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Book Synopsis Banking reform by : Great Britain: H.M. Treasury

Download or read book Banking reform written by Great Britain: H.M. Treasury and published by Stationery Office. This book was released on 2013-07-17 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Financial Services (Banking Reform) Bill aims to establish a more resilient, stable and competitive banking sector; to reduce the severity of a future financial crisis; and to protect taxpayers in the event of such a crisis. It is primarily an enabling Bill, which provides HM Treasury with the requisite powers to implement the policy underlying the Bill through secondary legislation. Three illustrative draft instruments were published in March 2013 in order to aid Parliamentary scrutiny of the Bill, and the Government has continued to develop those instruments. This paper invites comments on a further four statutory instruments: Ring-fenced Bodies and Core Activities Order; Excluded Activities and Prohibitions Order; Banking reform (Loss Absorbency Requirement) Order; and the Fees and Prescribed International Organisations Regulations. Further secondary legislation is planned for pensions and building societies.

Global Shock, Risks, and Asian Financial Reform

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1783477946
Total Pages : 750 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Global Shock, Risks, and Asian Financial Reform by : Iwan J. Azis

Download or read book Global Shock, Risks, and Asian Financial Reform written by Iwan J. Azis and published by Edward Elgar Publishing. This book was released on 2014-12-31 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growth of financial markets has clearly outpaced the development of financial market regulations. With growing complexity in the world of finance, and the resultant higher frequency of financial crises, all eyes have shifted toward the current inad

Parliamentary Debates (Hansard).

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Publisher :
ISBN 13 :
Total Pages : 736 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Parliamentary Debates (Hansard). by : Great Britain. Parliament. House of Commons

Download or read book Parliamentary Debates (Hansard). written by Great Britain. Parliament. House of Commons and published by . This book was released on 2013 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Countering Economic Crime

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Author :
Publisher : Routledge
ISBN 13 : 1351852183
Total Pages : 177 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis Countering Economic Crime by : Axel Palmer

Download or read book Countering Economic Crime written by Axel Palmer and published by Routledge. This book was released on 2017-09-22 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic crime is a significant feature of the UK’s economic landscape and yet despite the government’s bold mission statements ‘to hold those suspected of financial wrongdoing to account’ as part of their ‘day of reckoning’ and ‘serious about white-collar crime’ agenda, there is a sense that this is still not being done effectively. This book examines the history of the creation of the UK’s anti-economic crime institutions and accompanying legislation, providing a critique of their effectiveness. The book analyses whether the recent regulatory regime is fit for purpose as well as being appropriate for the future. In order to explore how the UK’s economic crime strategies could be improved the book takes a comparative approach analysing policy and legislative responses to economic crime in the United States and Australia in order to determine whether the UK could or should import similar structures or laws to improve the enforcement of UK economic crime.

Ireland

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Author :
Publisher : International Monetary Fund
ISBN 13 :
Total Pages : 66 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Ireland by : International Monetary Fund. Monetary and Capital Markets Department

Download or read book Ireland written by International Monetary Fund. Monetary and Capital Markets Department and published by International Monetary Fund. This book was released on 2022-07-07 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ireland has considerably strengthened financial sector regulation and supervision since the 2016 FSAP, aided by the ECB/SSM, and is working with European and international regulators to strengthen oversight of the large market-based finance (MBF) sector. This strengthening is evidenced by a successful navigation through the challenges of Brexit and the pandemic. Despite global headwinds, Ireland is exiting the pandemic with strong economic growth and a highly capitalized and liquid banking system. The financial system has grown rapidly and in complexity, especially after Brexit, and Ireland has become a European base for large financial groups. The MBF sector has grown to the second largest in Europe, with global interlinkages.

Higher Education Opportunity Act

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Author :
Publisher :
ISBN 13 :
Total Pages : 432 pages
Book Rating : 4.3/5 (121 download)

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Book Synopsis Higher Education Opportunity Act by : United States

Download or read book Higher Education Opportunity Act written by United States and published by . This book was released on 2008 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Wheatley Review of LIBOR

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Publisher :
ISBN 13 : 9781909096011
Total Pages : 84 pages
Book Rating : 4.0/5 (96 download)

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Book Synopsis The Wheatley Review of LIBOR by : Great Britain. Treasury

Download or read book The Wheatley Review of LIBOR written by Great Britain. Treasury and published by . This book was released on 2012 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Banking Reform

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Publisher : The Stationery Office
ISBN 13 : 9780101835626
Total Pages : 86 pages
Book Rating : 4.8/5 (356 download)

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Book Synopsis Banking Reform by : Great Britain. Treasury

Download or read book Banking Reform written by Great Britain. Treasury and published by The Stationery Office. This book was released on 2012 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: This white paper sets out the Coalition Government's proposals for taking forward implementation of the recommendations of the Independent Commission on Banking (ICB), chaired by Sir John Vickers (see ISBN 9780108510984). The ICB recommended a package of measures, consisting of: (i) Ring-fencing vital banking services; (ii) Increasing banks' loss-absorbency; (iii) Enhancing competition in the banking sector. This paper aims to clarify how the Government will implement these proposals, so that UK banks are sufficiently resilient to withstand excessive financial shocks, and sufficiently resolvable so as to fail safely without drawing on taxpayer support. The publication is divided into four chapters, with one annex. Chapter 1: Context of these reforms; Chapter 2: Ring-fencing; Chapter 3: Loss-absorbency; Chapter 4: Competition.

Post-legislative Scrutiny - the Government's Approach

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Author :
Publisher : The Stationery Office
ISBN 13 : 9780101732024
Total Pages : 28 pages
Book Rating : 4.7/5 (32 download)

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Book Synopsis Post-legislative Scrutiny - the Government's Approach by : Great Britain. Parliament. House of Commons. Office of the Leader of the House of Commons

Download or read book Post-legislative Scrutiny - the Government's Approach written by Great Britain. Parliament. House of Commons. Office of the Leader of the House of Commons and published by The Stationery Office. This book was released on 2008 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Command Paper from the Office of the Leader of the House of Commons sets out a process for post-legislative scrutiny by the Government. The main proposal is that after 3 years any law that has been passed will undergo a review by the relevant Government Department and then Parliament to see how effective the law has been. The publication also includes an appendix with a detailed response to the Law Commission's report on Post-legislative scrutiny (Cm. 6945, ISBN 9780101694520).