Law and Practice of International Banking

The second edition of this major reference work on banking law continues to provide authoritative analysis of current practice and the law that applies to it.Known for its broad coverage including topics such as syndicated loans, security structures, derivative products and mis-selling claims, the book tackles areas which have particular relevance to current practice. Amongst these are cross-border matters such as world-wide freezing injunctions, foreign disclosure orders, the bankers' duty of confidentiality and the impact of sanctions on banking transactions. In particular, the book provides detailed examination of various matters arising out ofthe Lehman collapse and the failure of the Icelandic banking system. The second edition reviews a significant accumulation of case law in these areas. Reflecting the continued growth of the Islamic finance market, there is also a detailed section on this highly specialized but increasingly importantarea.The new edition provides detailed consideration of the new UK and EU regulatory regimes, analysing the respective responsibilities of the PRA and the FCA, and the establishment of new banking authorities in the EU. A separate chapter examines the new capital adequacy and liquidity regimes that will apply to banks in the wake of Basel III. It also reflects on the impact of the crisis following on from the initial assessments made in the first edition. The book examines extensively the newregimes for "ring-fencing" of retail banking business and for the resolution of failing banks, introduced at both the UK and EU levels.The text also includes a new chapter examining the challenges that the banking system would face in the event that a Member State elected to withdraw from the Eurozone - a fate which appeared to hang over Greece during the crisis and which could recur if the single currency zone faces renewed strains.Written by the editor of the leading work on monetary law, Mann on the Legal Aspect of Money, 7e, this is the most comprehensive assessment of current banking practice and the law that applies to it. It is a work of great scholarship set in practical context and benefits from the consistency and rigorousness of approach that a single author can provide.

Sommario

• Part A: Regulatory Matters


• 1: The Regulation of Deposit-Taking Business


• 2: EU Banking Law


• 3: The Conduct of Retail Banking and Investment


• 4: The Regulation of Lending Business


• 5: The Regulation of Payment Services


• 6: Capital Adequacy, Liquidity and Large Exposures


• 7: Money Laundering Legislation


• 8: The Market Regulators


• Part B: Merger, Reorganisation and Insolvency of Banks


• 9: UK Bank Mergers and Business Transfers


• 10: Foreign Bank Mergers


• 11: Bank Rescues and Financial Stability in the United Kingdom


• 12: Cross-Border Reorganisation and Winding Up of Banks


• 13: Deposit Protection Schemes


• 14: The Liability of the Regulator


• Part C: The Banker-Customer Relationship


• 15: The Banker Customer Contract


• 16: Cheques


• 17: Duties of the Paying Bank


• 18: Duties of the Collecting Bank


• 19: Electronic Funds Transfers


• Part D: The Bank as Service Provider


• 20: The Bank as a Lender


• 21: Syndicated Loans


• 22: Trading Loan Assets


• 23: Swaps and Derivatives


• 24: Bank Guarantees, Performance Bonds and Documentary Credits


• 25: Sources of Bank Liability


• Part E: Guarantees and Security


• 26: Guarantees


• 27: Security - Characterisation, Formalities and Registration


• 28: Types of Security


• 29: Charges Over Shares and Other Securities


• 30: Charges Over Receivables


• 31: Charges Over Bank Balances


• 32: Charges Over Real Estate


• 33: Charges Over Aircraft


• 34: Charges Over Ships


• 35: Financial Collateral Arrangements


• 36: Lien and Set-Off


• 37: Vitiating Factors - "Financial Assistance" and Transactions with Directors


• 38: Transactions between Companies and their Directors


• 39: Avoidance of Security in Insolvency


• Part F: Cross Border Issues


• 40: Banks and the Eurozone Crisis


• 41: The Banker-Customer Contract in Private Internatiobnal Law


• 42: Cross-Border Financial Services, Consumer Protection and Unfair Contract Terms


• 43: The Banker's Duty of Confidentiality


• 44: Freezing Injunctions and International Banks


• 45: Execution Proceedings and Foreign Deposits


• 46: Liability for Branch Deposits and the Impact of Foreign Law


• 47: Economic Sanctions


• 48: Customer Obligations and Foreign Law


• Part G: Islamic Finance


• 49: Islamic Finance - Principles and Structures


• 50: Islamic Finance Transactions in the Courts


• 51: Corporate and Regulatory Issues


• 52: Harmonisation and the Development of the International Islamic Financial Markets

Info autore

Charles Proctor is a partner at Fladgate LLP and has extensive experience advising on banking law and financial services regulation in the UK and the Far East. He is an Honorary Professor of Law at the University of Birmingham and a Visiting Professorial Fellow at the Centre for Commercial Law Studies, Queen Mary University, London.
Charles is the author of the prestigious OUP publication Mann on the Legal Aspect of Money, now in its 7th edition, and has written numerous articles on financial and banking law.

Riassunto

The second edition of this major reference work on banking law continues to provide authoritative analysis of current practice and the law that applies to it.

Known for its broad coverage including topics such as syndicated loans, security structures, derivative products and mis-selling claims, the book tackles areas which have particular relevance to current practice. Amongst these are cross-border matters such as world-wide freezing injunctions, foreign disclosure orders, the bankers' duty of confidentiality and the impact of sanctions on banking transactions. In particular, the book provides detailed examination of various matters arising out of the Lehman collapse and the failure of the Icelandic banking system. The second edition reviews a significant accumulation of case law in these areas. Reflecting the continued growth of the Islamic finance market, there is also a detailed section on this highly specialized but increasingly important area.

The new edition provides detailed consideration of the new UK and EU regulatory regimes, analysing the respective responsibilities of the PRA and the FCA, and the establishment of new banking authorities in the EU. A separate chapter examines the new capital adequacy and liquidity regimes that will apply to banks in the wake of Basel III. It also reflects on the impact of the crisis following on from the initial assessments made in the first edition. The book examines extensively the new regimes for "ring-fencing" of retail banking business and for the resolution of failing banks, introduced at both the UK and EU levels.

The text also includes a new chapter examining the challenges that the banking system would face in the event that a Member State elected to withdraw from the Eurozone - a fate which appeared to hang over Greece during the crisis and which could recur if the single currency zone faces renewed strains.

Written by the editor of the leading work on monetary law, Mann on the Legal Aspect of Money, 7e, this is the most comprehensive assessment of current banking practice and the law that applies to it. It is a work of great scholarship set in practical context and benefits from the consistency and rigorousness of approach that a single author can provide.

Testo aggiuntivo

...the volume is comprehensive and one that every banking lawyer should be pleased to have on his bookshelf. It offers a dependable source that scholars, practitioners and students can turn to for insight on the wide range of issues that banks may face. The tone is lucid and candid, with the occasional, welcome, wry comment ... Particular mention should be made of the welcome discussion on Islamic banking, which has been updated in the new edition with case and regulatory developments. In this division, Proctor gives a newcomer to the topic a helpful introduction to key concepts in Islamic law and then examines the various structures that have been developed to meet customers needs for finance and investment while remaining compliant with Islamic principles. Aside from the updated English case law, the discussion extends to an examination of the Islamic finance developments in Malaysia, a prominent Islamic finance jurisdiction.

Relazione

...the volume is comprehensive and one that every banking lawyer should be pleased to have on his bookshelf. It offers a dependable source that scholars, practitioners and students can turn to for insight on the wide range of issues that banks may face. The tone is lucid and candid, with the occasional, welcome, wry comment ... Particular mention should be made of the welcome discussion on Islamic banking, which has been updated in the new edition with case and regulatory developments. In this division, Proctor gives a newcomer to the topic a helpful introduction to key concepts in Islamic law and then examines the various structures that have been developed to meet customers needs for finance and investment while remaining compliant with Islamic principles. Aside from the updated English case law, the discussion extends to an examination of the Islamic finance developments in Malaysia, a prominent Islamic finance jurisdiction. Sandra Booysen, National University of Singapore.

Dettagli sul prodotto

• Autori: Charles Proctor, Charles (Partner Proctor, Proctor Charles
• Editore: Oxford University Press
• Lingue: Inglese
• Formato: Copertina rigida
• Pubblicazione: 12.03.2015
• EAN: 9780199685585
• ISBN: 978-0-19-968558-5
• Pagine: 1008
• Categorie: Scienze sociali, diritto, economia > Diritto > Diritto internazionale, diritto degli stranieri; LAW / Banking, Banking law