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 : 64. 28 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."

Principles Of Banking Law

Author : Ross Cranston
ISBN : 9780199276080
Genre : Business & Economics
File Size : 83. 24 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.

The Law Of Payment Services In The Eu

Author : Despina Mavromati
ISBN : 9789041127006
Genre : Law
File Size : 50. 90 MB
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The role that payments play within the general framework of financial services in the EC is indispensable for the realization of a true single European market including, inter alia, the conditions of cross-border purchasing, the legal framework of consumer protection, and the technical standards against fraud in payment systems. The Commission's New Legal Framework for payment services in the internal market - as evidenced by the EC Payment Services Directive (PSD) - represents an important step towards the completion of an initiative for a Single Euro Payments Area and, more broadly, EU-wide.

Consumer Protection In Financial Services

Author : Southern Methodist University. Institute of International Banking and Finance
ISBN : 9789041197177
Genre : Law
File Size : 63. 31 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.

International Banking Regulation Law Policy And Practice

Author : George Walker
ISBN : 9789041197948
Genre : Law
File Size : 57. 32 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.

Cyberlaw For Global E Business Finance Payments And Dispute Resolution

Author : Kubota, Takashi
ISBN : 1599048302
Genre : Computers
File Size : 34. 97 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.

Financial Regulation At The Crossroads

Author : Panagiotis Delimatsis
ISBN : 9789041133557
Genre : Business & Economics
File Size : 70. 2 MB
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This book brings outstanding expertise and provides insightful perspectives from nineteen authors with diverse backgrounds, including officials from international organizations, national regulators, and commercial banking, as well as academics in law, economics, political economy, and finance. The authors not only shed light on the causes of the financial turmoil, but also present thoughtful proposals that contribute to the future policy debate, and discuss opportunities that financial services can offer in funding activities which raise standards of living through initiatives in microfinance, renewable energy, and food distribution. The contributions to this volume tackle several of the thorniest issues of financial regulation in a post-crisis environment, such as: the mechanics of contagion within the financial system and the role of liquidity; moral hazard when large financial institutions are no longer subject to the disciplinary effects of bankruptcy; bank capital requirements; management compensation; design of bank resolution schemes; a function-centric versus institution-centric regulatory approach; subsidization and compatibility of stimulus packages with EU rules on state aid; trade finance and the role of the GATS prudential carve-out; and the role of financial services in promoting human rights or combating climate change.

Banks Fraud And Crime

Author : Joseph Norton
ISBN : 9781317751823
Genre : Law
File Size : 90. 97 MB
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Banks: Fraud and Crime explores the main issues which arise in bank fraud world-wide and looks at the possible options available for corrective action. A series of leading commentators examine the basic nature of bank fraud and financial crime, comparing the legal and regulatory framework in England to those in place in the USA and elsewhere. Banks: Fraud and Crime also takes a detailed look at the core issue of money laundering at a national, regional and international level as well as considering the many other complex issues arising from bank fraud and financial crime.

Rethinking Regulation Of International Finance

Author : Uzma Ashraf Barton
ISBN : 904118838X
Genre : Law
File Size : 78. 84 MB
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This book encapsulates the most important aspects of the development and operation of the international financial system. It questions the fundamental basis of the existing international financial architecture (soft law) and explores the need for a compliance-based model based on legitimacy of regulations and accountability of the regulatory bodies in international financial stability. Why have financial standards and institutions almost always failed to effectively predict and respond to real-world financial crises? The answer, as this challenging book shows, is that international financial law suffers from a persistent lack of judicial or quasi-judicial enforcement mechanisms, leaving flaws in the structure of the international financial system that lead inevitably to excesses that threaten the public good of global financial stability.

The Legal And Regulatory Aspects Of Islamic Banking

Author : Abdul Karim Aldohni
ISBN : 9781136703157
Genre : Business & Economics
File Size : 72. 41 MB
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During the last ten years the Islamic banking sector has grown rapidly, at an international level, as well as in individual jurisdictions including the UK. Islamic finance differs quite substantially from conventional banking, using very different mechanisms, and operating according to a different theory as it is based on Islamic law. Yet at the same time it is always subject to the law of the particular financial market in which it operates. This book takes a much-needed and comprehensive look at the legal and regulatory aspects which affect Islamic finance law, and examines the current UK and international banking regulatory frameworks which impact on this sector. The book examines the historical genesis of Islamic banking, looking at how it has developed in Muslim countries before going on to consider the development of Islamic banking in the UK and the legal position of Islamic banks within English law. The book explores company, contract, and some elements of tax law and traces the impact it has had on the development of Islamic banking in the UK, before going on to argue that the current legal and regulatory framework which affects the Islamic banking sector has on certain occasions had an unintended adverse impact on Islamic banking in the UK. The book also provides an overview of the Malaysian experience in relation to some of the main legal and regulatory challenges in the context of Islamic banking and finance.

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