the law and regulation of payment services international banking and finance law series

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The Law And Regulation Of Payment Services

Author : Rhys Bollen
ISBN : 9041138188
Genre : Law
File Size : 61. 41 MB
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There is a widespread demand among businesses for more convenient and reliable international payment products, and inevitably this has led to calls for more predictable and consistent regulation of these products, especially in the light of such innovations as online payments and stored value cards. Recognizing that recurring risks tend to be dealt with in similar ways by most legal regimes, this study the first of its kind draws on a detailed analysis of the strengths and weaknesses of existing regimes to develop an international model which incorporates both the legal elements and their practical application. In building his model, the author addresses the fundamental questions in the law of payment services: Who bears the risk of unauthorised payments? What must be done about claims of error? When are payments completed so that they discharge the underlying liability? When can payments be reversed? These issues are examined through in-depth descriptions of payment facilities as regulated in five key jurisdictions Australia, the United Kingdom, the European Union, Singapore, and the United States under the headings of scope, licensing, disclosure, obligations of the parties, liability, redress, and dispute resolution. The five regimes are further measured against the key harmonization project in this field, the UNCITRAL Model Law on Credit Transfers. The discussion is illustrated with analyses of leading cases and a number of worked examples. In summary, this very useful book synthesizes a logical and useful package of regulatory measures into a model that takes into account the lessons learnt in the regulation of payment services. Businesses will warmly welcome the study s contribution toward reducing the cost of taking a product to market across multiple jurisdictions. Policymakers and legislators will find the task of comparing the various approaches to payment services regulation and analyzing their effectiveness greatly facilitated."

International Banking Regulation Law Policy And Practice

Author : George Walker
ISBN : 9789041197948
Genre : Business & Economics
File Size : 88. 90 MB
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This work offers a comprehensive examination of the development and structure of the provisions for the control of international financial markets. It explores the background to the major financial crises of the late 20th-century and the nature of the global response.

Consumer Protection In Financial Services

Author : Peter Cartwright
ISBN : 9789041197177
Genre : Law
File Size : 37. 75 MB
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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.

European Banking And Financial Law

Author : Matthias Haentjens
ISBN : 9781317483076
Genre : Law
File Size : 84. 94 MB
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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.

Alternative Investment Fund Regulation

Author : E. Wymeersch
ISBN : 9041136908
Genre : Business & Economics
File Size : 54. 23 MB
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In the wake of the recent global financial crisis regulators and supervisors became aware that the 'risk appetite' of hedge funds and private equity funds was to a significant extent shielded from public scrutiny, as it was only through banks' financing of these funds that public authorities could obtain a view on the role of these funds in the wider financial system. In order to disperse this lack of reliable and comprehensive data, measures were adopted both in the European Union - the Alternative Investment Management Funds Directive - and to a lesser extent in the United States to impose a risk-sensitive framework. Individual EU Member States and other countries followed suit. This book reprints reports delivered by representatives of fifteen countries at the Eighteenth International Congress of the International Academy of Comparative Law, held in Washington on the 29th of July 2010. The reports present a wealth of information on the different approaches and the specific rules that a variety of national legislators have adopted on the regulation of hedge funds and private equity funds. They greatly clarify the current understanding of such factors as the following: the nature of the systemic risk created by these funds; how activist investors challenge the incumbent management of well-established companies; effects of aggressive intervention in the business organization of a firm; how some funds achieve excess returns even during the crisis; ; advance information obtained through insider rings or other social networks; and safeguards that limit the investor's risk (e.g., allowing only "funds of funds"). With its comparative analysis of rules (and their degree of stringency) adopted by states on offering these products to the retail investor, this book is of great importance for legal practice in the areas of investor protection, financial services, and regulation of securities and banking. Although the present crisis has fundamentally challenged public authorities in every country, it is important to know what has been introduced or modified and which pre-existing measures have been retained as a result of new measures. The national reports reproduced in this book provide the clearest and fullest commentary available on this and other aspects of the 'new' global financial regulatory scheme.

The Law Of Securities Commodities And Bank Accounts

Author : Marek Dubovec
ISBN : 9781782549024
Genre : Business & Economics
File Size : 34. 95 MB
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The author identifies and explains the critical components and functions of the systems for the holding of rights in accounts with intermediaries, identifying underlying principles that should be embodied in modern legislation underpinning the law of a

Principles Of Banking Law

Author : Ross Cranston
ISBN : 9780199276080
Genre : Business & Economics
File Size : 34. 26 MB
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Written by leading figures in the field, this third edition of the Principles of Banking Law provides an authoritative account of the subject, incorporating all significant changes in banking law, regulation, and practice that have occured since the publication of the second edition in 2002. The authors offer a thoughtful and contextual treatment of domestic and international banking and financial services law, with in-depth expert coverage ofglobal bank regulation, payment systems, lending, and trade finance.

Financial Innovation In Retail And Corporate Banking

Author : Luisa Anderloni
ISBN : 9781848447189
Genre : Business & Economics
File Size : 65. 37 MB
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Discusses through a blend of theory and empirical research, the processes of innovation and the diffusion of new financial instruments. This book explores theoretical issues such as the relationship among financial innovation and market structure and the legal protection of financial innovation.

European Banking And Financial Services Law

Author : Cornelia Gerster
ISBN : 9789041122995
Genre : Business & Economics
File Size : 86. 44 MB
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The initiative to improve the level of integration in banking and financial services law within the European Union, ongoing since the end of the sixties, has been largely successful. About 80% of the national laws regarding financial services are based on European law. A practical guide to the entire field of EU law in this area is the new resource European Banking and Financial Services Law, published by the EAPB in co-operation with Kluwer Law International. The book approaches the subject thematically, considering banking and banking supervision law, capital markets and securities law, accounting and company law, consumer law, taxation and capital transactions, payments, money laundering and financial crime, competition law, civil law and other issues. for each of these distinct areas of practice it offers such essential guidance as the following: concise summary of the law as it stands and its legislative history, overview of laws binding and in force, pending legislation not yet adopted, issues under discussion in the European Parliament and the Council, e.g. the review of the Capital Requirements, the Proposal for a Directive on Markets in Financial Instruments, the proposal for a revision of the Consumer Credit Directive, the new legal framework for payments. A CD-ROM enclosed with this book provides the full official versions of all directives and regulations published by the European Union in the fields of banking and financial services. An introduction of each chapter gives a quick overview and a description of the thematic surrounding. Texts on the CD-ROM include such fundamental documents as the Banking Directive, the Financial Conglomerates Directive, the Stock Exchange Law Directive, the Market Abuse Directive, the Prospectus Directive, the IAS Regulation, the Statute for a European Company, the Takeover Bids Directive, the E-Commerce Directive, the Directive and Regulation on Cross-Border Payments, the Anti-Money Laundering Directive, the new EC Merger Regulation and the Consumer Credit Directive. Annexes present the Financial Services Action Plan (FSAP) of 1999 and the descriptions and schemes for the Lamfalussy procedure as well as the Co-decision procedure.

Cyberlaw For Global E Business Finance Payments And Dispute Resolution

Author : Kubota, Takashi
ISBN : 1599048302
Genre : Computers
File Size : 55. 22 MB
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Examines cyberlaw topics such as cybercrime and risk management, electronic trading systems of securities, digital currency regulation, jurisdiction and consumer protection in cross-border markets, and international bank transfers.

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