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This book provides unique access to comprehensive legal and multidisciplinary analysis of the important topic of governance of financial institutions and includes coverage of the new requirements for management functions under MiFID II.
List of contents
- I. General
- 1: Danny Busch, Guido Ferrarini, Gerard Van Solinge: Governing Financial Institutions: Law and Regulation, Conduct and Culture
- 2: Jens-Hinrich Binder: Corporate Governance of Financial Institutions: In Need of Cross-Sectoral Regulation? A comparative analysis of banks, investment firms, asset managers, and pension funds
- 3: Arthur van den Hurk and Michele Siri: Comparative Regulation of Corporate Governance in the Insurance Sector
- 4: Bart Bierens: The Governance of Banks and the Requirement of Resolvability: a Fundamental Change in Perspective?
- 5: Kitty Lieverse and Claartje Bulten: Comparative Regulation of Corporate Governance in th e Insurance Sector
- II. Governance Structures and Regulations
- 6: Paul Davies and Klaus Hopt: Non-Shareholder Voice in Bank Governance: Board Composition, Performance and Liability
- 7: Steven Schwarz (Aleaha Jones, and Jiazhen Yan): Responsibility of Directors of Financial Institutions
- 8: Iris Palm-Steyerberg and Danny Busch: Fit and Proper Requirments in EU Financial Regulation: Towards More Cross-Sectoral Harmonisation?
- 9: Lodewijk van Setten: Risk, Risk Management, and Internal Controls
- 10: Paolo Saguato: Financial Market Infrastructures: The Essential Role of Risk Management
- 11: Guido Ferrarini: Compensation in Financial Institutions: Systemic Risk, Regulation and Proportionality
- 12: Carmine di Noia and Matteo Gargantini: Corporate Governance, Financial Information and MAR
- III. Ownership Structures
- 13: Cristina Ungureanu: Engagement of Institutional Investors
- 14: Katja Langenbucher, Johannes Adolff and Christina Skinner: State-owned Financial Institutions
- 15: Gerard van Solinge and Martin van Olffen: Co-operative Banks: A Dutch Experience
- IV. Conduct and Culture
- 16: Guido Ferrarini and Shanshan Zhu: Corporate Culture in the Governance of Financial Institutions: An Interdisciplinary Approach
- 17: Wijnand Nuijts: Public Supervision of Behaviour and Culture at Financial Institutions
- 18: Danny Busch and Peter Laaper: Conduct and Culture in the Netherlands: The Dutch Banker's Oath and the Dutch Banking Disciplinary Committee
- 19: Antonella Sciarrone Alibrandi and Claudi Frigeni: Managing Conduct Risk: From Rules to Culture
- 20: Geneviève Helleringer and Christina Skinner: Conflicts of Interest: Comparing Compliance and Culture in the US and UK
- 21: Paulo Giudici: The Venetian Banks Collapse
- 22: Maribel Saez and Maria Gutierrez: The Spanish Banking Crisis as a Corporate Governance Problem
- 23: José Engrácia Antunes: Banco Espírito Santo: Anatomy of Banking Scandal in Portugal
- 24: Bas de Jong: Governance Problems in Dutch Financial Institutions from 2007 to-2017
About the author
Professor Danny Busch holds the Chair for Financial Law at Radboud University, Nijmegen, where he is also the Director of the Institute for Financial Law. He has published extensively, many of those publications written in English, including with OUP. He is a Research Fellow of Harris Manchester College and a Fellow of the Commercial Law Centre, University of Oxford.
Guido Ferrarini is Emeritus Professor of Business Law and Capital Markets Law at the University of Genoa, Department of Law, and Director of the Centre for Law and Finance. He holds a J. D. (University of Genoa, 1972), an LL.M. (Yale Law School, 1978) and a Dr. jur. (h.c., Ghent University, 2009). He is founder and fellow of the European Corporate Governance Institute (ECGI), Brussels.
Gerard van Solinge is Professor of Corporate Law at Radboud University Nijmegen where he is a member of the scientific board of the research programme Company Law of the Business and Law Research Centre. He also practises as an attorney at Allen & Overy LLP and has written a number of books and articles.
Summary
This book provides unique access to comprehensive legal and multidisciplinary analysis of the important topic of governance of financial institutions and includes coverage of the new requirements for management functions under MiFID II.
Additional text
Corporate governance is and remains important: weak governance at financial institutions, and at banks in particular, is often regarded as one of the underlying causes of the Great Financial Crisis. This view is confirmed by leading internationalorganizations, such as the OECD and the Basel Committee on Banking Supervision, as well as by national inquiries, including those by the US Financial Crisis Commission and the Walker Review in the UK. The book is therefore an important contribution to this debate, but goes further by extending the scope beyond banks. It adds value by broadening the debate to include, for example, insurance firms and investment firms ... The authors and editors have succeeded in presenting an interesting mix on governance at financial institutions, including ample details and discussion of the relevant EU legislation.
