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Stricto Sensu Investor Protection Under Mifid Ii
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Book Synopsis Stricto Sensu Investor Protection under MiFID II by : Christos Gortsos
Download or read book Stricto Sensu Investor Protection under MiFID II written by Christos Gortsos and published by Cambridge Scholars Publishing. This book was released on 2018-07-27 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyses Articles 24-30 of Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 “on markets in financial instruments” (MiFID II), which govern, as of January 2018, the most important aspects of investor protection of clients to whom credit institutions and investment firms provide investment services. These Articles contain code-of-conduct and product governance rules, which constitute cornerstones of contemporary EU capital markets law as shaped to address the weaknesses revealed in capital markets’ micro-prudential regulation and supervision after the recent international financial crisis of 2007-2009. The book concisely identifies the elements of continuity and change in relation to the repealed Directive 2004/39/EC (MiFID I), while also presenting the detailed delegated acts of the European Commission and Guidelines of the European Securities and Markets Authority (ESMA), which were adopted on the basis of Articles 24-30 MiFID II.
Book Synopsis Investor protection in times of the MIFID II Package by : Rupert H. Graf Kerssenbrock
Download or read book Investor protection in times of the MIFID II Package written by Rupert H. Graf Kerssenbrock and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis EU Investor Protection Regulation and Liability for Investment Losses by : Marnix Wallinga
Download or read book EU Investor Protection Regulation and Liability for Investment Losses written by Marnix Wallinga and published by Springer Nature. This book was released on 2020-10-30 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between the EU investor protection regulations enshrined in MiFID and MiFID II and national contract and torts law. It describes how the effect of the conduct of business rules as implemented in national financial supervision legislation in private law extends to the issue of enforcement, and critically assesses this interaction from the perspective of EU law. In particular, the conclusions identified in the book will deepen readers’ understanding of the interplay between the conduct of business rules and private law norms governing a firm’s liability to pay damages, such as duty of care, attributability of damage, causation, contributory negligence and limitation. In turn, the book identifies the subordination and the complementarity model to conceptualise the interaction between the conduct of business rules and private law norms. Moreover, the book challenges the view that civil courts are – or should be – forced to give private law effects to violation of the MiFID and MiFID II conduct of business rules in line with the subordination model. Instead, the complementarity model is advanced as the preferred approach to this interaction in view of what MiFID and MiFID II require from Member States in terms of their implementation, as well as the desirability of each model. This model presupposes that courts should consider the conduct of business rules when adjudicating individual disputes, while preserving the autonomy of private law norms governing liability of investment firms towards clients. Based on analysis of case law of courts in Germany, the Netherlands and England & Wales, as well as scholarly literature, the book also compares the available causes of action, the conditions of liability and the obstacles investors face when claiming damages, as well as how and the extent to which investors can benefit from the conduct of business rules in clearing these obstacles. In so doing, under the approach adopted by national courts to the interplay between the conduct of business rules of EU origin and private law, the book shows how investors can benefit from the influence of these rules on private law norms. In closing, it demonstrates a hybridisation of private law remedies resulting from the accommodation of the conduct of business rules into the private law discourse according to the complementarity model, illustrating how judicial enforcement through private law means may contribute to investor protection.
Book Synopsis EU Investor Protection Regulation and Private Law by : Marnix Wibo Wallinga
Download or read book EU Investor Protection Regulation and Private Law written by Marnix Wibo Wallinga and published by . This book was released on 2018 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Investor Protection under MiFID by : John J. A. Burke
Download or read book Investor Protection under MiFID written by John J. A. Burke and published by . This book was released on 2009 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: The year 2008 is a propitious time to evaluate systems of investor protection in financial markets as global bank losses exceed the 1 trillion mark. The Markets in Financial Instruments Directive [MiFID] is the regulatory equivalent of the deregulatory 1987 quot;Big Bangquot; that shaped the current European financial markets. It also applies to one of the world's largest trading regions. MiFID and its Level 2 implementing Directive are complex, comprehensive, and challenging for interpretive construction, given the novelty of the Directive, the absence of judicial decisions, and its opaque language. In Lamfalussy terms, MiFID is a Level 1 document containing quot;high principlesquot; of governance. The level 2 Directive provides quot;concrete organisational requirements and procedures for investment firmsquot; performing activities governed by the Directives. This article selects certain investor protection provisions of MiFID for examination, within the larger context of the macroeconomic function of financial markets, and the theoretical underpinnings of investor protection in the United States and in Europe, as well as the practical track record of enforcement of investor protections in Europe to evaluate the effectiveness of investor protection under the new instruments. The conclusions reached indicate that the style of investor protection envisaged within MFID is likely to impose substantial costs upon investors to the benefit of investment firms, while probably falling short of fulfilling the promises of the risk/reward equation. The effectiveness of investor protection, which depends exclusively upon the quality of enforcement, is questionable given the European Union's passive enforcement style toward financial market misconduct. In addition, as the recent global financial crisis has demonstrated a fundamental assumption of MiFID is false: the need to interpose a quot;professional investment advisorquot; between the investor and the markets. Countless examples from history related to scandals and market crashes support this contingent truth. MiFID, if successful, will achieve its economic objectives of financing the markets with investor savings, and thereby achieving the conventionally accepted theory of the macroeconomic function of financial markets. Nevertheless, the question remains are the investor protection provisions of MiFID an investor blessing or an investor execution.
Book Synopsis EU Investor Protection Regulation and Liability for Investment Losses by : Marnix Wibo Wallinga
Download or read book EU Investor Protection Regulation and Liability for Investment Losses written by Marnix Wibo Wallinga and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis MiFID II in Relation to Other Investor Protection Regulation by : Veerle Colaert
Download or read book MiFID II in Relation to Other Investor Protection Regulation written by Veerle Colaert and published by . This book was released on 2019 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of the interaction between different pieces of EU financial legislation becomes ever more important - and difficult. In this contribution the author explores the relationship between MiFID II and other recent EU legislation aiming at investor protection, such as the Insurance Distribution Directive, the PRIIPs Regulation and the UCITS Directive.The analysis reveals numerous inconsistencies and interpretation difficulties. The author argues that while some of the shortcomings are inherent to the EU piecemeal approach, other problems should and could have been avoided, by adopting a holistic approach of financial regulation and supervision.
Book Synopsis The Regulation of Hedge Funds by : Ana Maria Fagetan
Download or read book The Regulation of Hedge Funds written by Ana Maria Fagetan and published by Springer Nature. This book was released on 2020-12-28 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses elements of international finance, comparing the regulation of hedge funds in United States, Europe, the UK, and off-shore jurisdictions in the aftermath of the financial crisis. It critically compares the Dodd- Frank Act in US with the Alternative Investment Funds Managers Directive in Europe. Moreover, it goes further by analyzing the implementation of the AIFM Directive in seven jurisdictions in Europe famous for the incorporation of hedge funds: the United Kingdom, Italy, France, Ireland, Malta, Luxembourg, and Switzerland. The book also analyses the effect of Brexit on the legislation in the UK regarding the application of the directive and the distribution of financial products in Continental Europe, and will be of particular interest to researchers, academics, and students of international finance and financial regulation.
Book Synopsis Retail Depositor and Retail Investor Protection under EU Law by : Constantinos Tokatlides
Download or read book Retail Depositor and Retail Investor Protection under EU Law written by Constantinos Tokatlides and published by Taylor & Francis. This book was released on 2017-02-10 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Retail Depositor and Retail Investor Protection under EU Law offers an original perspective on EU financial law in the area of retail investor protection, examining the status of protection awarded by EU law to retail depositors and retail investors in the event of financial institution failure. The analysis of relevant EU law is on the basis of effectiveness and has been elaborated in two levels of comparison. The first comparative approach examines relevant EU law both externally and internally: externally, vis-à-vis relevant international initiatives and developments in the area of financial law, as the latter affect the features and evolution of EU law, and internally by examining relevant instruments of EU law with regard to each other as to their normative structure and content. The second comparative approach also examines the status of retail depositors in relation to that of retail investors under EU law, in the event of financial institution failure, and the relevant legal consequences thereof.
Book Synopsis Investor Protection in Europe by : Guido Ferrarini
Download or read book Investor Protection in Europe written by Guido Ferrarini and published by . This book was released on 2006 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines investor protection in Europe, offering a broad and coherant examination of the effects of regulatory competition versus harmonisation. It covers both capital market and company law perspectives and explores clearing, settlement, prospectuses and transparency regulation.
Book Synopsis Insurance Distribution Directive by : Pierpaolo Marano
Download or read book Insurance Distribution Directive written by Pierpaolo Marano and published by Springer Nature. This book was released on 2021 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD). The IDD came into force on 1 October 2018 and regulates the distribution of insurance products in the EU. The book examines the main changes accompanying the IDD and analyses its impact on insurance distributors, i.e., insurance intermediaries and insurance undertakings, as well as the market. Drawing on interrelations between the rules of the Directive and other fields that are relevant to the distribution of insurance products, it explores various topics related to the interpretation of the IDD - e.g. the harmonization achieved under it; its role as a benchmark for national legislators; and its interplay with other regulations and sciences - while also providing an empirical analysis of the standardised pre-contractual information document. Accordingly, the book offers a wealth of valuable insights for academics, regulators, practitioners and students who are interested in issues concerning insurance distribution.--
Book Synopsis The European Banking Regulation Handbook, Volume I by : Christos V. Gortsos
Download or read book The European Banking Regulation Handbook, Volume I written by Christos V. Gortsos and published by Springer Nature. This book was released on 2023-06-10 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: In two volumes, this book covers in a comprehensive, internally balanced, systematic and detailed way the field of European Union (EU) banking law and regulation. In three parts, Volume I offers a brief introduction to the role of banks in the contemporary financial system and the theory of banking regulation, a thorough analysis of international financial standards which are contained in the sources of public international banking law (and of public international financial law, in general), a detailed presentation of the gradual evolution and the sources of EU banking law, as well as a precise analysis of the law-making process and the key institutional aspects of this branch of EU economic law. The standards and rules adopted and the institutions created in the aftermath of the (2007-2009) global financial crisis and the subsequent euro area fiscal crisis, as well as during the current pandemic crisis are discussed, as appropriate. A detailed analysis of the substantive aspects of EU banking law will follow in Volume II
Book Synopsis The MiFID II Framework by : Mario Comana
Download or read book The MiFID II Framework written by Mario Comana and published by Springer. This book was released on 2019-02-15 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed analysis of the main innovations and impacts associated with the package of European legislation comprising MiFID II and MiFIR, which constitutes a pillar of the EU’s “single rulebook” for financial regulation. Adopting a research-oriented approach, the authors also consider the practical consequences of the new legislation, to provide a clear description of the new rules and the ways in which they address concerns raised by the financial crisis, as well as an appraisal of the theoretical implications from an EU-wide perspective. The book also presents a comparative analysis of how the package is being implemented within the larger countries of the Eurozone and the United Kingdom, and evaluates the likely consequences for banks’ business models. This research book is a valuable resource for graduate and master’s level students as well as professionals and practitioners interested in understanding the European financial law and, in particular, the dynamics of the investment industry.
Book Synopsis MiFID II and Private Law by : Federico Della Negra
Download or read book MiFID II and Private Law written by Federico Della Negra and published by Bloomsbury Publishing. This book was released on 2019-07-11 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the global financial crisis, investors have suffered significant losses as a result of breaches of conduct of business rules in the distribution of financial instruments. MiFID II introduced new disclosure, distribution and product governance rules to strengthen the protection of investors but, like MiFID I, did not harmonise the civil law consequences for their violation. This book asks whether, in spite of the silence of the EU legislators, the MiFID II conduct of business rules may produce civil law effects, enabling investors to enforce them against investment firms before national courts and alternative dispute resolution (ADR) mechanisms. Building on the case law of the CJEU, the book shows the conditions under which the breach of MiFID II conduct of business rules should give rise to a private law remedy, and what remedies would be compatible with EU law. MiFID II and Private Law is an essential contribution to academic research in EU and financial law and will be a key text for policy-makers and legal practitioners working in the field of investor protection regulation and mis-selling litigation.
Book Synopsis Legal Accountability in EU Markets for Financial Instruments by : Carl Fredrik Bergström
Download or read book Legal Accountability in EU Markets for Financial Instruments written by Carl Fredrik Bergström and published by Oxford University Press. This book was released on 2022-01-22 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proper functioning of the EU financial market is protected by public actors - both national and supranational - responsible for rulemaking and supervision of investment firms and other private actors. At the same time the effectiveness of the EU legal system requires vigilance from private actors such as investment firms but also their clients, invoking their rights before national authorities and courts. This means that investment firms have a dual role within the system, turning them into subjects of control and enforcement but also agents in the maintenance of the rule of law. Legal Accountability in EU Markets for Financial Instruments brings together a group of scholars with expertise from different legal disciplines but a shared interest for the EU internal market and the way it develops. It integrates a modern study of the form and function of EU rulemaking in the internal market after the financial crisis. The book includes an evaluation of core aspects of rulemaking in the financial market and that way provides a cross-cutting treatment of EU law. The focus of the book is set on the regulatory framework in MiFIDII and MiFIR and thematic questions around legal mechanisms for accountability and the role of investment firms in the operation of those mechanisms. It further discusses the implications for EU law and the EU legal system and gives readers a thorough understanding of the concept of accountability through its own findings.
Book Synopsis Regulating and Supervising European Financial Markets by : Mads Andenas
Download or read book Regulating and Supervising European Financial Markets written by Mads Andenas and published by Springer. This book was released on 2016-08-16 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses the institutions of the European financial market supervision and the challenges of financial markets. The current European supervisory structure for financial markets represents a major development in European supervisory history. Its operation however has to be explored and analysed critically. Has it gone far enough to provide a sufficiently comprehensive and resilient system to reduce or mitigate systemic risks and handle financial crises? Some claim it has gone too far already. Fresh and rigorous critical legal and economic analysis from an independent scholarly perspective are needed to assess whether the institutional design of the European supervisory architecture has proved itself to be an efficient and effective model. This book discusses many dimensions of the structure and workings of the European system from various angles providing different dimensions. The book makes an important contribution to the limited literature on financial market supervision.
Author :International Monetary Fund Publisher :International Monetary Fund ISBN 13 :1451815085 Total Pages :203 pages Book Rating :4.4/5 (518 download)
Book Synopsis Gibraltar by : International Monetary Fund
Download or read book Gibraltar written by International Monetary Fund and published by International Monetary Fund. This book was released on 2007-05-21 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gibraltar’s Detailed Assessment Report on Anti-Money Laundering (AML) and Combating the Financing of Terrorism is reviewed. The principal AML risk to Gibraltar is lodged in its professional sector, which is likely to be involved in the layering and integration of proceeds of crime. There is also some risk to Gibraltar at the placement stage, in connection with drug trafficking, migrant smuggling, and organized crime in southern Spain. The Financial Services Commission in Gibraltar has established a strong, risk-based framework for financial institutions for AML.
