Unfair Terms In Banking And Financial Contracts

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European Banking and Financial Law 2e

Author : Matthias Haentjens
Publisher : Routledge
ISBN 13 : 1351701797
Total Pages : 325 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis European Banking and Financial Law 2e by : Matthias Haentjens

Download or read book European Banking and Financial Law 2e written by Matthias Haentjens and published by Routledge. This book was released on 2020-06-02 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last few decades, banks, insurers, pension funds, investments firms and other financial institutions have become subject to sometimes dramatically new, but always substantially more, legislation. This is especially true for the EU. Moreover, Brexit has already caused profound changes to the dynamics of EU financial regulation, and its effects will likely become ever-more significant in the years to come. This book serves as a comprehensive introduction to these developments, and, more generally, to European banking and financial law. It is organised around the three economic themes that are central to the financial industry: (i) financial markets, (ii) banking and financial institutions and (iii) financial transactions. It covers not only regulatory law but also commercial law that is relevant for the most important financial transactions. This Second Edition has been completely revised. The basic structure of the First Edition has been maintained, but all chapters have been thoroughly rewritten and restructured. Attention is now also given to topics such as shadow banking and credit rating agencies. As a matter of course, all new relevant legislation and case law has been included. In addition, on the basis of real-life classroom experience, student questions and further reading suggestions have been updated and expanded.

European Banking and Financial Law

Author : Matthias Haentjens
Publisher : Routledge
ISBN 13 : 1317483073
Total Pages : 295 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 295 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.

Emerging Issues in Islamic Finance Law and Practice in Malaysia

Author : Umar A. Oseni
Publisher : Emerald Group Publishing
ISBN 13 : 1789735475
Total Pages : 341 pages
Book Rating : 4.7/5 (897 download)

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Book Synopsis Emerging Issues in Islamic Finance Law and Practice in Malaysia by : Umar A. Oseni

Download or read book Emerging Issues in Islamic Finance Law and Practice in Malaysia written by Umar A. Oseni and published by Emerald Group Publishing. This book was released on 2019-08-26 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a thorough analysis of emerging legal and regulatory issues in Islamic finance law and practice in Malaysia, this exciting new study covers issues such as blockchain technology, anti-money laundering, and FinTech in Islamic finance.

Fiduciary Law

Author : Tamar Frankel
Publisher :
ISBN 13 : 019539156X
Total Pages : 334 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Fiduciary Law by : Tamar Frankel

Download or read book Fiduciary Law written by Tamar Frankel and published by . This book was released on 2011 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.

Consumer Protection in Financial Services

Author : Southern Methodist University. Institute of International Banking and Finance
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041197176
Total Pages : 330 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Consumer Protection in Financial Services by : Southern Methodist University. Institute of International Banking and Finance

Download or read book Consumer Protection in Financial Services written by Southern Methodist University. Institute of International Banking and Finance and published by Kluwer Law International B.V.. This book was released on 1999-05-06 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of how financial services should be regulated in the interests of consumers has never been more topical. The structure of the financial services industry is changing rapidly and the need for the law to keep pace with these changes has never been greater. This book examines the role of the law in the protection of the consumer, in particular the ways in which the law is, and could be, used to protect consumers when purchasing financial services. A prominent panel of contributors first examines the role of the European Union and the ombudsmen schemes operating in the United Kingdom in improving consumer protection. Eight expert papers present a detailed analysis of aspects of the various legal mechanisms protecting consumers in the banking, financial services, investments and insurance industries. The final part of the book is concerned with the important and controversial area of consumer credit. This unique work is a welcome contribution to a rapidly developing area of law, which has so far received little attention from commentators. It will be of great interest to those at the cutting edge of banking, financial services and consumer law, whether practicing lawyers or in-house counsel, and all those involved in advising consumers.

The Financial Crisis Inquiry Report

Author : Financial Crisis Inquiry Commission
Publisher : Cosimo, Inc.
ISBN 13 : 1616405414
Total Pages : 692 pages
Book Rating : 4.6/5 (164 download)

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Book Synopsis The Financial Crisis Inquiry Report by : Financial Crisis Inquiry Commission

Download or read book The Financial Crisis Inquiry Report written by Financial Crisis Inquiry Commission and published by Cosimo, Inc.. This book was released on 2011-05-01 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Financial Crisis Inquiry Report, published by the U.S. Government and the Financial Crisis Inquiry Commission in early 2011, is the official government report on the United States financial collapse and the review of major financial institutions that bankrupted and failed, or would have without help from the government. The commission and the report were implemented after Congress passed an act in 2009 to review and prevent fraudulent activity. The report details, among other things, the periods before, during, and after the crisis, what led up to it, and analyses of subprime mortgage lending, credit expansion and banking policies, the collapse of companies like Fannie Mae and Freddie Mac, and the federal bailouts of Lehman and AIG. It also discusses the aftermath of the fallout and our current state. This report should be of interest to anyone concerned about the financial situation in the U.S. and around the world.THE FINANCIAL CRISIS INQUIRY COMMISSION is an independent, bi-partisan, government-appointed panel of 10 people that was created to "examine the causes, domestic and global, of the current financial and economic crisis in the United States." It was established as part of the Fraud Enforcement and Recovery Act of 2009. The commission consisted of private citizens with expertise in economics and finance, banking, housing, market regulation, and consumer protection. They examined and reported on "the collapse of major financial institutions that failed or would have failed if not for exceptional assistance from the government."News Dissector DANNY SCHECHTER is a journalist, blogger and filmmaker. He has been reporting on economic crises since the 1980's when he was with ABC News. His film In Debt We Trust warned of the economic meltdown in 2006. He has since written three books on the subject including Plunder: Investigating Our Economic Calamity (Cosimo Books, 2008), and The Crime Of Our Time: Why Wall Street Is Not Too Big to Jail (Disinfo Books, 2011), a companion to his latest film Plunder The Crime Of Our Time. He can be reached online at www.newsdissector.com.

The Law of Corporate Finance: General Principles and EU Law

Author : Petri Mäntysaari
Publisher : Springer Science & Business Media
ISBN 13 : 3642030556
Total Pages : 429 pages
Book Rating : 4.6/5 (42 download)

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Book Synopsis The Law of Corporate Finance: General Principles and EU Law by : Petri Mäntysaari

Download or read book The Law of Corporate Finance: General Principles and EU Law written by Petri Mäntysaari and published by Springer Science & Business Media. This book was released on 2009-11-11 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. 1 Investments, Generic Contracts, Payments According to Volume I, contracts are one of the five generic legal tools used to manage cash flow, risk, agency relationships, and information. Many investments are therefore based on one or more contracts. Obviously, the firm should draft good contracts. Good drafting can ensure the same intended cash flow with reduced risk. Bad drafting can increase risk. This volume attempts to deconstruct contracts used by non-financial firms and analyse them from a cash flow, risk, agency, and information perspective. The starting point is a generic contract, i. e. a contract which does not belong to any particular contract type (Chapters 2–7). This volume will also focus on payment obligations. Payment obligations are characteristic of all financial instruments, and they can range from simple payment obligations in minor sales contracts and traditional lending contracts (Chapters 8– 11). 1. 2 Particular Contract Types A number of particular contract types have been discussed in the other volumes of this book. (1) A certain party’s investment contract can be another party’s fu- ing contract. Particular investment contracts will therefore be discussed in Volume III in the context of funding. (2) Many contracts are necessary in the context of business acquisitions discussed in Volume III. (3) Multi-party contracts are c- mon in corporate finance. The firm’s contracts with two or more parties range from syndicated loans to central counterparties’ contracts. Such contracts will be discussed both in Chapter 12 and Volume III.

Research Handbook on Law and Ethics in Banking and Finance

Author : Costanza A. Russo
Publisher : Edward Elgar Publishing
ISBN 13 : 1784716545
Total Pages : 435 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Research Handbook on Law and Ethics in Banking and Finance by : Costanza A. Russo

Download or read book Research Handbook on Law and Ethics in Banking and Finance written by Costanza A. Russo and published by Edward Elgar Publishing. This book was released on 2019 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global financial crisis evidenced the corrosive effects of unethical behaviour upon the banking industry. The recurrence of misbehaviour in the financial sector, including fraud and manipulations of market indices, suggests the need to establish a banking culture that conforms to the highest standards of ethical and professional behaviour. This Research Handbook on Law and Ethics in Banking and Finance focuses on the role that law should play and the effectiveness of newly introduced regulations and supervisory actions as a driver for ethical conduct so as to reconnect the interests of bankers and financiers with the interests of society.

Principles of Banking Law

Author : Ross Cranston
Publisher : Oxford University Press
ISBN 13 : 0199276080
Total Pages : 633 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Principles of Banking Law by : Ross Cranston

Download or read book Principles of Banking Law written by Ross Cranston and published by Oxford University Press. This book was released on 2018 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition of the Principles of Banking Law provides an authoritative treatment of both domestic and international banking law. This edition contains expanded coverage of developments in other comparable jurisdictions, internet banking services and money laundering.

Banking Law and Financial Regulation in the UK and EU

Author : Pierre de Gioia Carabellese
Publisher : Taylor & Francis
ISBN 13 : 1040043143
Total Pages : 438 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Banking Law and Financial Regulation in the UK and EU by : Pierre de Gioia Carabellese

Download or read book Banking Law and Financial Regulation in the UK and EU written by Pierre de Gioia Carabellese and published by Taylor & Francis. This book was released on 2024-06-28 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Banking Law and Financial Regulation in the UK and EU seeks to blend orthodox topics covered within the banking and financial law syllabus, such as sources of banking and financial law, financial markets, financial and banking institutions, financial transactions, and banking and financial insolvency, with a careful analysis of emerging issues and more contemporary topics. This advanced-level textbook offers a new format for the study of banking and financial law, placing it within the wider context of economic development. As such, two elements are integral to this new methodology: the rise of techno-banking and digitalisation of the financial sector, and Brexit. Departing from the approaches of more traditional textbooks in this area, the book also takes a comparative approach to UK and EU banking law, highlighting the legal consequences of the UK’s exit from the EU. Aspects of human rights are integrated throughout and current debates and developments around financial crises – the advancement of technological innovations in the banking sector and contemporary topics, such as health crises, energy, and ESG and the environment – is taken into account to provide the reader with the opportunity to develop their own autonomous and broader understanding of the various concepts. Banking Law and Financial Regulation in the UK and EU will be a valuable text for students taking advanced undergraduate and postgraduate-level courses in banking law and financial law, as well as practising lawyers, managers and accountants.

The Consumer Finance Law Review

Author : Richard Fischer (Financial services expert)
Publisher :
ISBN 13 : 9781838627669
Total Pages : pages
Book Rating : 4.6/5 (276 download)

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Book Synopsis The Consumer Finance Law Review by : Richard Fischer (Financial services expert)

Download or read book The Consumer Finance Law Review written by Richard Fischer (Financial services expert) and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency

Author : International Monetary Fund. Monetary and Capital Markets Department
Publisher : International Monetary Fund
ISBN 13 : 1498336051
Total Pages : 77 pages
Book Rating : 4.4/5 (983 download)

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Book Synopsis An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency by : International Monetary Fund. Monetary and Capital Markets Department

Download or read book An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency written by International Monetary Fund. Monetary and Capital Markets Department and published by International Monetary Fund. This book was released on 2009-04-17 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides an overview of the legal, institutional, and regulatory framework that countries should put in place to address cases of bank insolvency. It is primarily intended to inform the work of the staffs of the International Monetary Fund (IMF) and World Bank, and to provide guidance to their member countries.

The Foundations and Future of Financial Regulation

Author : Mads Andenas
Publisher : Routledge
ISBN 13 : 1135043361
Total Pages : 492 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis The Foundations and Future of Financial Regulation by : Mads Andenas

Download or read book The Foundations and Future of Financial Regulation written by Mads Andenas and published by Routledge. This book was released on 2013-11-20 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being emphasised as a key regulatory objective. The book is split into four sections: the objectives and regulatory landscape of financial regulation; the regulatory regime for investor protection; the regulatory regime for financial institutional safety and soundness; and macro-prudential regulation. The discussion ranges from theoretical and policy perspectives to comprehensive and critical consideration of financial regulation in the specifics. The focus of the book is on the substantive regulation of the UK and the EU, as critical examination is made of the unravelling and the future of financial regulation with comparative insights offered where relevant especially from the US. Running throughout the book is consideration of the relationship between financial regulation, financial stability and the responsibility of various actors in governance. This book offers an important contribution to continuing reflections on the role of financial regulation, market discipline and corporate responsibility in the financial sector, and upon the roles of regulatory authorities, markets and firms in ensuring the financial health and security of all in the future.

An Introduction to the Law on Financial Investment

Author : Iain G MacNeil
Publisher : Bloomsbury Publishing
ISBN 13 : 1509941835
Total Pages : 544 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis An Introduction to the Law on Financial Investment by : Iain G MacNeil

Download or read book An Introduction to the Law on Financial Investment written by Iain G MacNeil and published by Bloomsbury Publishing. This book was released on 2012-01-20 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the publication of the first edition of this book in 2005, the world of financial investment has experienced an unprecedented boom followed by a spectacular bust. Significant changes have been proposed and in some cases implemented in areas such as the structure of regulation, the organisation of markets, supervision of market participants and the protection of consumers. The second edition takes account of these developments, integrating them into an analytical framework that enables the reader to develop a critical overview of the role of general legal rules and specialised systems of regulation in financial investment. The framework focuses on the role of contract, trusts and regulation as the primary legal influences for financial investment. The first part explores the relationship between investment, law and regulation. The second part examines the nature of investments and investors, both professional and private. The third part discusses the central role of corporate finance and corporate governance in linking investors with enterprises that require external capital. The fourth part examines the nature, operation and regulation of markets and the participants that support the functioning of the markets. The objective remains to provide a broadly-based and critical account of the role of law in financial investment. "MacNeil's eloquent and informative distillation of the regulatory fundamentals of investment law gives his book much international relevance...a timely contribution to help readers decipher the seemingly inextricable maze of financial regulation...Practitioners and legal policy advisers will..welcome it. They should find enlightening the book's careful scrutiny of the trust and contractual foundations of investment law and practice." Benjamin J Richardson Journal of International Banking Law and Regulation, Vol 22 Issue 1, 2007 ...a fascinating and informative book...thoroughly recommended as a learned but at the same time very readable introduction to the law of financial investment Gerard McCormack Banking and Finance Law Review, Volume 21 No 2, June 2006 ...very informative tool that introduces in a very friendly and accessible manner the nearly inextricable world of financial investment laws. Fadi Moghaizel International Company and Commercial Law Review, Vol. 17 No 2, February 2006

Glosario Del Banco Mundial

Author : World Bank
Publisher : World Bank Publications
ISBN 13 :
Total Pages : 468 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Glosario Del Banco Mundial by : World Bank

Download or read book Glosario Del Banco Mundial written by World Bank and published by World Bank Publications. This book was released on 1996 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition of the World Bank has been revised and expanded by the Terminology Unit in the Languages Services Division of the World Bank in collaboration with the English, Spanish, and French Translation Sections. The Glossary is intended to assist the Bank's translators and interpreters, other Bank staff using French and Spanish in their work, and free-lance translator's and interpreters employed by the Bank. For this reason, the Glossary contains not only financial and economic terminology and terms relating to the Bank's procedures and practices, but also terms that frequently occur in Bank documents, and others for which the Bank has a preferred equivalent. Although many of these terms, relating to such fields as agriculture, education, energy, housing, law, technology, and transportation, could be found in other sources, they have been assembled here for ease of reference. A list of acronyms occurring frequently in Bank texts (the terms to which they refer being found in the Glossary) and a list of international, regional, and national organizations will be found at the end of the Glossary.

Principles of Lender Liability

Author : Parker Hood
Publisher : OUP Oxford
ISBN 13 : 0191630950
Total Pages : 750 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Principles of Lender Liability by : Parker Hood

Download or read book Principles of Lender Liability written by Parker Hood and published by OUP Oxford. This book was released on 2012-10-11 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book begins with a consideration of the nature of the general banker-customer relationship, the obligations it poses and the issues relating to the commencement of the banking relationship. It provides individuals and companies with valuable guidance when assessing the risks in their relationship with banks, and vice versa. The following chapters allow all parties to consider carefully the central issues and underlying general principles that might arise by addressing the various activities undertaken by a lender. The duty of confidentiality, lenders as fiduciaries, the lender's duty to advise borrowers on the imprudence of transactions as well as fraud, and banks as constructive trustees and damages for breach of contract by a lender are all considered. The final chapters explore the duties of security holders and mortgagees of land, the liability of lenders for receivers they appoint, environmental liability and lender liability as shadow directors concerning wrongful trading. The book outlines liability in negligence and contract, with specific reference to existing case law concerning banks in this field from an English law perspective, and also Scottish and Commonwealth law, thus providing valuable applicability to the banking context for practitioners in other fields.

Judicial Cooperation in European Private Law

Author : Fabrizio Cafaggi,
Publisher : Edward Elgar Publishing
ISBN 13 : 1786436698
Total Pages : 287 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Judicial Cooperation in European Private Law by : Fabrizio Cafaggi,

Download or read book Judicial Cooperation in European Private Law written by Fabrizio Cafaggi, and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Notwithstanding recent increases in the scope for judicial cooperation and dialogue between European courts, little research has been undertaken into the impact of the jurisprudence of the European Court of Justice, and the dialogue that arises therefrom, in national legal systems between courts and regulators. This coherent collection of original chapters provides unique insights into these developments – with a particular focus on consumer law – from a broad range of stakeholders, including academics and judges from the EU and the US.