Eu Financial Collateral Directive

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  eu financial collateral directive: International Bank Insolvencies:A Central Bank Perspective Mario Giovanoli, Gregor Heinrich, 1999-09-29 The globalisation of the world economy poses significant challenges for policy makers, regulators and legal professionals. The Asian and Brazilian financial crises have shown that difficulties in the banking sectors of some economies can have serious repercussions across world financial markets. It is clear that a sound legal infrastructure is crucial to promote financial stability in this global market. Particularly in the case of international bank failures, the need for harmonised and effective international insolvency procedures is becoming increasingly apparent. It is against this background that the Bank for International Settlements organised a workshop on International Bank Insolvencies in the summer of 1998. This unique book presents the edited workshop papers by expert lawyers from over twenty national central banks, the European Central Bank, the Basle Committee on Banking Supervision and the UN Commission on International Trade Law. Nineteen country reports provide a comprehensive overview of central banks and other institutions responsible for banking supervision and the co-ordination between authorities involved in insolvency procedures. The authors further discuss the instruments employed for crisis prevention and resolution and issues arising in the aftermath of a bank failure in the respective jurisdictions. In addition, twelve expert papers discuss issues ranging from specific national experiences to attempts at co-operation and harmonisation at regional and international level. The book further includes in an annex the text of the UNCITRAL Model Law on Cross-Border Insolvency and the EC Finality Directive.
  eu financial collateral directive: Financial Collateral Matthias Haentjens, 2020-09-03 This is the first book to analyse and draw together all of the property law and regulatory and contractual issues relevant to financial collateral transactions. Collateralized finance transactions played a major role in the bankruptcy of Lehman Brothers and the near-failure of AIG during the early months of the global financial crisis, and are being increasingly recognised as being integral to the stability of the global financial system. The book provides a detailed legal analysis of the types of transactions which make up collateralised financing transactions and examines them in their commercial context. Recognising that financial collateral transactions are often global in nature the book covers the legal position in the UK, US, and the EU with specific relevance to practice in the Netherlands, Germany and Belgium. There is a chapter on the relevant private international law issues including conflicts of laws and forum. The book opens with an explanation of how financial collateral transactions are construed, including the relevant standard contract forms. The following chapters discuss the major legal issues and practical considerations, as well as a number of specialist concepts such as safe harbours, 'minimum floors' and securities custody. This new work brings together consideration of the European Securities Financing Regulation, the Collateral Directive, and relevant parts of the Bank Recovery and Resolution Directive.
  eu financial collateral directive: EU Banking and Financial Regulation Jean-Baptiste Poulle, Arut Kannan, Nicolas Spitz, Sandra Kahn, Anastasia Sotiropoulou, 2024-03-14 EU Banking and Financial Regulation presents a comprehensive and systematic overview of the major directives and regulations which currently govern the EUÕs banking and finance industries. Offering a depiction of the main EU rules, this timely book not only addresses the various banking and financial legislations relating to EU supervisors, banks and financial markets, but also considers more peripheral issues such as anti-money laundering, whilst referring to important case law.
  eu financial collateral directive: The Impact of the Mortgage Credit Directive in Europe Miriam Anderson, Esther Arroyo Amayuelas, 2017 How has European Private Law responded to the property and mortgage markets crisis? And in what way is this reaction likely to model domestic systems? The financial and economic crisis that marked the beginning of the century has had a devastating effect on the property and mortgage markets in many Member States of the European Union. Despite this, the European legislator took its time to respond. This book analyzes the impact of the Mortgage Credit Directive (Directive 2014/17) in twelve different jurisdictions: Belgium, England, France, Germany, Greece, Ireland, Italy, Malta, The Netherlands, Poland, Portugal, and Spain. The reports show how in some instances only certain products (such as foreign currency loans) or practices (irresponsible lending, homeownership promoting policies, the use of unfair terms) were factors that triggered the property crash; in other cases; the system completely failed to address an exceptional situation; and, finally, how in some instances prudent lending explained why the market was virtually not hit at all. This book aims to find out whether the two goals of Directive 2014/17 (financial sector stability and enhanced consumer protection) can be achieved in light of its provisions and of the transposition carried out by the different Member States, and whether the changes it introduces have a significant impact in the jurisdictions considered here. Some systems are already showing signs of yet another property bubble. There is room for hope: perhaps we have learned from the past, perhaps the Directive is a step forward, but more importantly this book shows that we can learn from each other. [Subject: European Law, Private Law, Property Law]
  eu financial collateral directive: Yeowart and Parsons on the Law of Financial Collateral Geoffrey Yeowart, Robin Parsons, Edward Murray, Hamish Patrick, 2016-02-26 As the volume of transactions in European financial markets continues to grow, the use of financial collateral, be it in the form of cash, shares, bonds or credit claims, has become a critical tool in supporting and managing risk in financial transactions. This book is the first of its kind to offer a systematic examination of the whole law relating to financial collateral. It does so in two parts. First, it explains the law created by the Financial Collateral Arrangements (No 2) Regulations 2003, the Directive it implemented and related legislation. Second, it examines how financial collateral is used in practice in a range of different markets. It will be an essential reference point for all legal practitioners operating in financial markets. Key features: • Analytical rigour combined with insight into how financial collateral works in practice, covering both English and Scots law • Valuable discussion of control and possession tests, right of use, remedy of appropriation, close-out netting and impact of ‘bail-in’ • Explains use of financial collateral in the derivatives market, clearing houses, direct and indirect securities holding systems and use of repos, securities lending and prime brokerage • Highlights key issues on regulatory treatment and conflicts of laws • Discusses direction of future law reform • Written by leading experts in the field.
  eu financial collateral directive: CFTC Report , 1987
  eu financial collateral directive: Europe's Hidden Capital Markets Jean-Pierre Casey, Karel Lannoo, 2005 Assessing regulatory measures taken at the EU level that impact European bond markets, this book examines the desirability, utility, and feasibility of certain policy measures.
  eu financial collateral directive: Intermediated Securities Pierre-Henri Conac, Ulrich Segna, Luc Thévenoz, 2013-05-30 In today's financial markets, investors no longer hold securities physically. Instead, securities such as shares or bonds are mostly held through intermediaries and transferred by way of book-entries on securities accounts. However, there are remarkable conceptual differences between the various jurisdictions with regard to the legal treatment of intermediated securities. It is widely agreed that this patchwork creates considerable legal risks, especially in cross-border situations. Two initiatives are in place to reduce these risks. In 2009, the UNIDROIT Convention on Substantive Rules for Intermediated Securities (the 'Geneva Securities Convention') was adopted, aimed at harmonisation on the international level. The EU Commission is also running a legislative project, to achieve harmonisation at the regional level. This book compares both initiatives and analyses their impact on the securities laws of selected European jurisdictions.
  eu financial collateral directive: European Banking and Financial Law Matthias Haentjens, Pierre de Gioia Carabellese, 2015-06-05 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.
  eu financial collateral directive: A Banking Union for the Euro Area Rishi Goyal, Ms.Petya Koeva Brooks, Mahmood Pradhan, Mr.Thierry Tressel, Mr.Giovanni Dell'Ariccia, Ceyla Pazarbasioglu, 2013-02-12 The SDN elaborates the case for, and the design of, a banking union for the euro area. It discusses the benefits and costs of a banking union, presents a steady state view of the banking union, elaborates difficult transition issues, and briefly discusses broader EU issues. As such, it assesses current plans and provides advice. It is accompanied by three background technical notes that analyze in depth the various elements of the banking union: a single supervisory framework; a single resolution and common safety net; and urgent issues related to repair of weak banks in Europe.
  eu financial collateral directive: The Financial Markets and Insolvency (Amendment and Transitional Provision) (EU Exit) Regulations 2019 Great Britain, 2019-02-28 Enabling power: European Union (Withdrawal) Act 2018, s. 8 (1), sch. 7, para. 21. Issued: 28.02.2019. Sifted: -. Made: 21.02.2019. Laid: -. Coming into force: In accord. with reg. 1 (2) (3). Effect: 1989 c. 40; 2009 c.1; S.I. 1991/880; 1999/2979; 2003/3226 amended. Territorial extent & classification: E/W/S/NI. General. Supersedes draft (ISBN 9780111176887) issued 18.12.18
  eu financial collateral directive: Financial Regulation in the European Union After the Crisis Domenica Tropeano, 2018-01-12 In the wake of the financial crisis, new regulatory measures were introduced which, along with changes in monetary and macroeconomic policy, have transformed the global financial structure. However, this new financial structure displays various fragilities. A new shadow banking system has grown both inside and outside the traditional banks and the divergence between core and periphery countries’ banks has increased further due to both the new regulations and the European Central Bank’s very peculiar interventions. Following Minsky’s approach, this volume explores the interplay between monetary policy, regulation and institutions in the aftermath of the great financial crisis. Minsky’s insights are used to interpret the recent regulatory changes and consider how they have affected the evolution of banks and financial markets. The unfortunate conclusion is that the changes in financial regulation introduced in various jurisdictions and inspired by the work of the Basel Committee, have not succeeded in thwarting the instability of the economic system. Instead, the mix of policies implemented so far has brought about increased fragility in the financial system. Minksy’s work on financial stability offers alternative solutions which policy-makers need to consider to resolve these issues. Financial Regulation in the European Union After the Crisis is an important volume for those who study political economy, banking and monetary economics.
  eu financial collateral directive: European Financial Services Regulation Great Britain: Parliament: House of Commons: Treasury Committee, 2006-06-08 The EU's ambitious Financial Services Action Plan, started in 1999, is drawing to an end. A single market in wholesale financial services exists. Many retail financial services institutions are expanding through acquisitions of banks and insurers across Europe, though the prospect of a single market in such services, with comparable products and services available to consumers direct across borders, is not a realistic proposition in the near future. The Commission has set out its policy objectives for 2005-2010, attaching greater importance to consistent and workable implementation of existing legislation. The Committee welcomes this, and the commitment to ensure that any new regulation will have a clear benefit to the European economy. The Committee examined three specific case studies: implementation of the Markets in Financial Instruments Directive (MiFID), the consideration of a Clearing and Settlement Directive, and consideration of mortgage credit in the context of the development of a single market in retail financial services. In all the Commission will need to demonstrate its commitment to better regulation, and its new focus on implementation and enforcement. The Committee is concerned that MiFID will not be implemented consistently across Europe. It finds that the case for a new mortgage directive remains unproven, and that there is a clear need to reduce the additional costs associated with clearing and settlement across borders.
  eu financial collateral directive: The European Restructuring Directive Gerard McCormack, 2021-04-30 This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.
  eu financial collateral directive: European Banking and Financial Law 2e Matthias Haentjens, Pierre de Gioia Carabellese, 2020-06-02 Over the last few decades, banks, insurers, pension funds, investments firms and other financial institutions have become subject to sometimes dramatically new, but always substantially more, legislation. This is especially true for the EU. Moreover, Brexit has already caused profound changes to the dynamics of EU financial regulation, and its effects will likely become ever-more significant in the years to come. This book serves as a comprehensive introduction to these developments, and, more generally, to European banking and financial law. It is organised around the three economic themes that are central to the financial industry: (i) financial markets, (ii) banking and 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. This Second Edition has been completely revised. The basic structure of the First Edition has been maintained, but all chapters have been thoroughly rewritten and restructured. Attention is now also given to topics such as shadow banking and credit rating agencies. As a matter of course, all new relevant legislation and case law has been included. In addition, on the basis of real-life classroom experience, student questions and further reading suggestions have been updated and expanded.
  eu financial collateral directive: Collateral Frameworks Kjell G. Nyborg, 2017 The first book-length study of the importance of collateral frameworks in monetary policy, focusing on the Eurozone and euro crisis.
  eu financial collateral directive: A Strategy for Resolving Europe's Problem Loans Mr.Shekhar Aiyar, Mr.Wolfgang Bergthaler, Jose M Garrido, Ms.Anna Ilyina, Andreas Jobst, Mr.Kenneth Kang, Dmitriy Kovtun, Ms.Yan Liu, Mr.Dermot Monaghan, Ms.Marina Moretti, 2015-09-24 Europe’s banking system is weighed down by high levels of non-performing loans (NPLs), which are holding down credit growth and economic activity. This discussion note uses a new survey of European country authorities and banks to examine the structural obstacles that discourage banks from addressing their problem loans. A three pillared strategy is advocated to remedy the situation, comprising: (i) tightened supervisory policies, (ii) insolvency reforms, and (iii) the development of distressed debt markets.
  eu financial collateral directive: The Integration of European Financial Markets Noah Vardi, 2010-12-14 The last decade has seen the increasing integration of European financial markets due to a number of factors including the creation of a common regulatory framework, the liberalisation of international capital movements, financial deregulation, advances in technology and the introduction of the Euro. However, the process of integration has proceeded largely in the absence of any comprehensive legal regulation, and has rather been constructed on the basis of sectorial provisions dictated by the needs of cross-border transactions. This has meant that many legal barriers still remain as obstacles to complete integration. This book considers the discipline of monetary obligations within the wider context of financial markets. The book provides a comparative and transnational examination of the legal rules which form the basis of transactions on financial markets. Analysing the integration of the markets from a legal point of view provides an opportunity to highlight the role of globalisation as the key element favouring the circulation of rules, models, and especially the development of new regulatory sources. The book examines market transactions and the institutes at the root of these transactions, including the type of legislative sources in force and the subjects acting as legislators. The first part of the book concentrates on the micro-discipline of money, debts, payments and financial instruments. The second part goes on to analyse the macro-context of integration of the markets, looking at the persistence of legal barriers and options for their removal, as well as the development of new legal sources as a consequence of the transfer of monetary and political sovereignty. Finally, the book draws links between the two parts and assesses the consequences of the changes at the macro-level of regulation on the micro-level of legal discipline of monetary obligations, particularly focusing on the emergence and growing importance of soft law.
  eu financial collateral directive: Property Rights in Investment Securities and the Doctrine of Specificity Erica Johansson, 2009-01-31 This book evaluates the requirement for specificity as a criterion for property rights in securities evidenced by electronic entries made on securities accounts. It compares English, US and Swedish law with the aim of finding viable solutions.
  eu financial collateral directive: Correspondent Central Banking Model (CCBM) European Central Bank, 1998
  eu financial collateral directive: The Law Applicable to Security Interests in Intermediated Securities Under OHADA Law Justin Monsenepwo, 2023-01-03
  eu financial collateral directive: A Practical Guide to Using Repo Master Agreements Paul C Harding, Christian A Johnson, 2017-02-27 Fully revised and updated third edition A Practical Guide to Using Repo Master Agreements is the essential book for all who need to know about the international repo market and its products, the important legal, credit and regulatory issues in this space, and most of all need to understand the contents of repo master agreements so that they can negotiate them safely and confidently. The book is written by two of the world’s leading commentators on the subject, Paul C Harding and Christian A Johnson and its coverage is comprehensive. This new third edition principally offers readers a detailed guide to the most widely used European and US repo master agreements through a clause-by-clause text and commentary on each master agreement. This commentary is written in clear English for a good, swift understanding of the implications of each provision. The full texts of each repo master agreement are reproduced in the appendices with the kind permission of the trade associations concerned. Triparty repo is an important part of the US repo market and clause-by-clause commentary and a full text of the Bank of New York Mellon Tri-party Custodial Repo Agreement (2016) is also provided. This third edition has been updated to include: -- The new, updated Bank of New York Mellon Tri-party Custodial Repo Agreement (2016). -- A summary of recent developments in the European and US repo markets since 2012. -- Fresh examples of clauses parties seek to negotiate in these agreements. -- A comprehensive and easy-to-navigate table of contents to find items of greatest interest quickly. This book is principally aimed at lawyers and paralegals who negotiate ICMA and SIFMA repo master agreements. Other professionals in the European and US securities markets will also find this book useful. These could include traders, credit officers and regulators as well as academics specialising in financial securities. Such professionals may work for commercial or investment banks, law firms, treasury units, central banks, pension funds and fund managers. Such is the broad potential appeal of this must-have book which caters for the novice and seasoned negotiator alike.
  eu financial collateral directive: The Transformation of the European Financial System Vitor Gaspar, Philipp Hartmann, Olaf Sleijpen, 2003-01-01
  eu financial collateral directive: European Banking and Financial Law Statutes Matthias Haentjens, Pierre de Gioia Carabellese, 2017-10-04 European Banking and Financial Law Statutes presents all the key legislation for European banking and financial law in one student-friendly volume. This book is: • up-to-date with the law: based on the official consolidated texts of all relevant European instruments, this book provides a fully current collection of legislation • tailored to course outlines: content has been curated to align with European banking and financial law courses • exam friendly: conforming to regulations, this is an un-annotated text that is suitable for exam use • easy to use: a clear and attractive text design, detailed table of contents and multiple indices provides ease of reference and navigation. Ideal for course and exam use, as well as for reference, this book is a perfect companion resource for student learning and exam success, which is especially tailored for use in combination with the European Banking and Financial Law textbook.
  eu financial collateral directive: Cross-border Transactions of Intermediated Securities Changmin Chun, 2012-08-04 This work aims to analyse substantive and conflict of laws rules regarding intermediated securities in a comparative way. For this purpose, it examines major jurisdictions’ rules for intermediated securities and the intermediated securities holding systems, such as the rules of the German, US, Korean, Japanese and Swiss systems, as well as the relevant EU regimes and initiatives. Above all, it analyses the two international instruments related to intermediated securities, i.e. the Geneva Securities Convention and the Hague Securities Convention. Through a functional comparative approach based upon legal traditions of the various jurisdictions, this book gives readers theoretical and practical information on intermediated securities and their national and international aspects.
  eu financial collateral directive: Creditor Priority in European Bank Insolvency Law Sjur Swensen Ellingsæter, 2023-02-09 This book provides the first comprehensive treatment of creditor priority in European bank insolvency law. Following reform in the wake of the global financial crisis, EU law requires that Member States have in place bank-specific insolvency frameworks. Creditor priority-the order in which different creditors bear losses should a bank fail-differs substantially between bank-specific and general insolvency law. The bank-specific creditor priority framework aims to ensure that banks can enter insolvency proceedings without disrupting financial stability. The book provides a systematic and thorough account of the Bank Recovery and Resolution Directive and other EU legislation that governs creditor priority in bank resolution and liquidation proceedings, and their interaction with national law. The framework is analysed from several perspectives, including comparison with creditor priority in English, German and Norwegian general insolvency law. Moreover, the book places the evolution of the framework and its justifications within the broader post-crisis shifts in bank regulation, and critically examines the assumptions that underlie these developments. Finally, the book discusses how this area of law could evolve in the future.
  eu financial collateral directive: The Alternative Investment Fund Managers Directive Dirk A. Zetzsche, 2015-09-14 Apart from MiFID, the Alternative Investment Fund Managers Directive (AIFMD) may be the most important European asset management regulation of the early twenty-first century. In this in-depth analytical and critical discussion of the content and system of the directive, thirty-eight contributing authors – academics, lawyers, consultants, fund supervisors, and fund industry experts – examine the AIFMD from every angle. They cover structure, regulatory history, scope, appointment and authorization of the manager, the requirements for depositaries and prime brokers, rules on delegation, reporting requirements, transitional provisions, and the objectives stipulated in the recitals and other official documents. The challenging implications and contexts they examine include the following: – connection with systemic risk and the financial crisis; - nexus with insurance for negligent conduct; - connection with corporate governance doctrine; - risk management; - transparency; - the cross-border dimension; - liability for lost assets; - impact on alternative investment strategies, and - the nexus with the European Regulation on Long-Term Investment Funds (ELTIFR). Nine country reports, representing most of Europe’s financial centres and fund markets add a national perspective to the discussion of the European regulation. These chapters deal with the potential interactions among the AIFMD and the relevant laws and regulations of Austria, France, Germany, Italy, Luxembourg, Liechtenstein, The Netherlands, Malta and the United Kingdom. The second edition of the book continues to deliver not only the much-needed discussion of the inconsistencies and difficulties when applying the directive, but also provides guidance and potential solutions to the problems it raises. The second edition considers all new developments in the field of alternative investment funds, their managers, depositaries, and prime brokers, including, but not limited to, statements by the European Securities and Markets Authority (ESMA) and national competent authorities on the interpretation of the AIFMD, as well as new European regulation, in particular the PRIIPS Regulation, the ELTIF Regulation, the Regulation on European Venture Capital Funds (EuVeCaR), the Regulation on European Social Entrepreneurship Funds (EUSEFR), MiFID II, and UCITS V. The book will be warmly welcomed by investors and their counsel, fund managers, depositaries, asset managers, administrators, as well as regulators and academics in the field.
  eu financial collateral directive: Banking and Security Law in Ireland William Johnston, 2021-04-21 Shortlisted for DSBA Law Book of the Year Award 2020 For practising solicitors and barristers working in the banking and financial services sector, this popular book will enable them to advise their clients with absolute confidence. Immensely practical, Banking and Security Law in Ireland provides a detailed treatment of the ever-increasing exceptions in Ireland to the banker's duty of secrecy, liability for payment or non-payment of cheques, recent case law on payments and tracing, as well as accounts. The coverage includes a thorough treatment of facility letters, guarantees, pledges, mortgages and charges over land, chattels (including agricultural equipment), debts, deposits and shares. EURO: 195
  eu financial collateral directive: Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 2 Jan H Dalhuisen, 2013-06-27 This is the fifth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. As a guide for students and practitioners it has proven to be unrivalled. Since the fourth edition, the work is now divided into three volumes, each of which can be used independently or as part of the complete work. Volume one covers the roots and foundations of private law; the different orientations and structure of civil and common law; the concept, forces, and theoretical basis of the transnationalisation of the law in the professional sphere; the autonomous sources of the new law merchant or modern lex mercatoria, its largely finance-driven impulses; and its relationship to domestic public policy and public order requirements. Volume two deals with transnational contract, movable and intangible property law. Volume three deals with financial products and financial services, with the structure and operation of modern commercial and investment banks, and with financial risk, stability and regulation, including the fall-out from the recent financial crisis and regulatory responses in the US and Europe. All three volumes may be purchased separately or as a single set. From the reviews of previous editions: ...synthesizes and integrates diverse bodies of law into a coherent and accessible account...remarkable in its scope and depth. It stands alone in its field not only due to its comprehensive coverage, but also its original methodology. Although it appears to be a weighty tome, in fact, in light of its scope, it is very concise. While providing a wealth of intensely practical information, its heart is highly conceptual and very ambitious...likely to become a classic text in its field. American Journal of Comparative Law Dalhuisen's style is relaxed...what he writes convinces without the need for an excess of references to sources...a highly valuable contribution to the legal literature. It adopts a useful, modern approach to teaching the young generation of lawyers how to deal with the increasing internationalisation of law. It is also helpful to the practising lawyer and to legislators. Uniform Law Review/Revue de Droit Uniforme this is a big book, with big themes and an author with the necessary experience to back them up. ... Full of insights as to the theories that underlie the rules governing contract, property and security, it is an important contribution to the law of international commerce and finance. Law Quarterly Review ...presents a very different case: that of a civilized and cultivated cosmopolitan legal scholar, with a keen sense of international commercial and financial practice, with an in-depth grounding in both comparative legal history and comparative law, combined with the ability to transcend conventional English black-letter law description with critical judgment towards institutional wisdom and intellectual fashions. ...a wide-ranging, historically and comparatively very deep and comprehensive commentary, but which is also very contemporary and forward-looking on many or most of the issues relevant in modern transnational commercial, contract and financial transactions... International and Comparative Law Quarterly This title is included in Bloomsbury Professional's International Arbitration online service.
  eu financial collateral directive: Research Handbook on European Property Law Sjef van Erp, Katja Zimmermann, 2024-10-03 Bringing together global experts in the field, this Research Handbook presents an overview of recent developments in property law in European jurisdictions and in European Union law. It analyses the ways in which these frameworks adapt to modern challenges such as climate change, digitalisation, an ageing population and the effects of pandemics.
  eu financial collateral directive: The Foundations of European Transnational Private Law Anna Beckers, Hans-W Micklitz, Rodrigo Vallejo, Pia Letto-Vanamo, 2024-05-30 Since Anu Bradford's groundbreaking book on the Brussels Effect there is a vastly evolving literature on the EU as a global regulatory actor as well as the global reach of EU law. This edited collection connects to this debate. Yet, it shifts the focus from the currently predominant public law focus to investigating European and EU private law and to connecting to literature and research on transnational law. To that end, it proceeds first conceptually by introducing and giving shape to the notion of a “European Transnational Private Law” through four conceptual contributions by the editors. Secondly, it focuses on several sectors (finance, taxation, investment, consumer law, labour law) and topics (climate litigation, global value chains, non-discrimination) to trace sector-specifically the role of EU private law in relation to transnational legal ordering.
  eu financial collateral directive: Personal Property Security Law Reform in the UK ,
  eu financial collateral directive: Cross-border Security Over Receivables Harry C. Sigman, Eva-Maria Kieninger, 2009 Receivables transactions play an important role in modern national economies. Cross-Border Security over Receivables, which studies the law of seven European nations, provides an in-depth examination of the key substantive law issues, as well as a detailed examination of the private international law issues, particularly, the third party effects of assignments. National reports use practical cases to explore the issues and to highlight differences and similarities. The book will assist market participants and their counsel to better understand the rules of their own countries and those of other countries. It will be of great value to academics in the private, comparative, and private international law fields and will assist those involved in national, EU and global reform efforts.
  eu financial collateral directive: Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 3 Jan H Dalhuisen, 2019-06-13 This is the seventh edition of the leading work on transnational and comparative commercial, financial, and trade law, covering a wide range of complex topics in the modern law of international commerce and finance. As a guide for students and practitioners it has proven to be unrivalled. The work is divided into three volumes, each of which can be used independently or as part of the complete work. Volume 3 deals with financial products and financial services; the structure and operation of banking and of the capital markets; the role of modern commercial and investment banks; and financial risk, stability and regulation, including the fallout from the 2008 financial crisis and the subsequent regulatory responses in the US and Europe. In sections on products and services, the blockchain and its potential are noted in the payment system, in the custodial holdings of investment securities, and in the derivative markets. A section on regulation critically reviews the need for macro-prudential supervision and an independent macro-prudential supervisor, the role of resolution authorities, the operation of the shadow banking system, and the extraterritorial reach and international recognition of financial regulation. All three volumes may be purchased separately or as part of a single set.
  eu financial collateral directive: Research Handbook on Secured Financing in Commercial Transactions Frederique Dahan, 2015-06-29 This cutting-edge Handbook presents an overview of research and thinking in the field of secured financing, examining international standards and best practices of secured transactions law reform and its economic impact. Expert contributors explore the
  eu financial collateral directive: The Alternative Investment Fund Managers Directive Dirk Zetzsche, 2020-09-17 In the ten years since its coming into force, the Alternative Investment Fund Managers Directive (AIFMD), with almost EUR 7 trillion assets under management in its remit, has become an important piece of European regulation complementing the Undertakings for Collective Investment in Transferable Securities (UCITS) and the Markets in Financial Instruments (MiFI) frameworks. This third edition of the most comprehensive and in-depth analysis of the AIFMD and its related European investment fund legislation (including the European Venture Capital Fund Regulation, the European Social Entrepreneurship Fund Regulation, the European Long-Term Investment Fund Regulation and the European Money Market Fund Regulation among others) brings together fund industry experts, fund supervisors, consultants, lawyers and academics to discuss the content and system of the directive from every angle, including its relation not only to the UCITS and MiFI frameworks but also to pension funds, the Sustainable Finance Disclosure Regulation, the Securitization Regulation and the Cross Border Funds Distribution Directive and Regulation, as well as related pieces of tax regulation at the European level. Further, the third edition emphasizes the function of such factors in the financial services value chain as the following: the AIFMD’s approach to robo-advisors; digital asset funds; infrastructure investments in the context of real estate and sustainable investments; risk management; transparency; and impact on alternative investment strategies. Five country reports, focusing on the European Union’s five most important financial centres for alternative investment funds, deal with the potential interactions among the AIFMD and the relevant laws and regulations of France, Germany, Luxembourg, Ireland and The Netherlands. This thoroughly updated edition elaborates on potential difficulties encountered when applying the directive and provides potential solutions to the problems it raises. The book is sure to be warmly welcomed by fund lawyers and consultants, investors and their counsels, fund managers, depositaries, asset managers and administrators, as well as regulators and academics in the field.
  eu financial collateral directive: Corporate Insolvency Law Vanessa Finch, 2009-05-28 This interdisciplinary examination of corporate insolvency law assesses recent reforms and anticipates new legislation.
  eu financial collateral directive: Cases, Materials and Text on Property Law Sjef van Erp, Bram Akkermans, 2012-07-23 This casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonisation or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground - so it was thought - could be found. However economic integration, in particular integration of financial markets and freedom of establishment, has led to the integration of particular areas of property law such as mortgage law and enforceable security instruments (eg retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort and unjustified enrichment to property law and delve beneath its surface. This book reveals that today property law systems are closer to one another than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further the development of property law in Europe.
  eu financial collateral directive: The Payment System Tom Kokkola, 2010 This book is designed to provide the reader with an insight into the main concepts involved in the handling of payments, securities and derivatives and the organisation and functioning of the market infrastructure concerned. Emphasis is placed on the general principles governing the functioning of the relevant systems and processes and the presentation of the underlying economic, business, legal, institutional, organisational and policy issues. The book is aimed at decision-makers, practitioners, lawyers and academics wishing to acquire a deeper understanding of market infrastructure issues. It should also prove useful for students with an interest in monetary and financial issues.--Introduction (Pg. 20, para 8).
  eu financial collateral directive: Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 4 Jan H Dalhuisen, 2022-05-05 “... a highly valuable contribution to the legal literature. It adopts a useful, modern approach to teaching the young generation of lawyers how to deal with the increasing internationalisation of law. It is also helpful to the practising lawyer and to legislators.” (Uniform Law Review/Revue de Droit Uniforme) Volume 4 of this new edition deals with movable and intangible property law. The book addresses the transformation of the models of movable property in commercial and financial transactions between professionals in the international flow of goods, services, money, information, and technology. In this transnational legal order, the emphasis in the new law merchant or modern lex mercatoria of movable property turns to risk management, asset liquidity, and transactional and payment finality. Particular attention is given to the notion of assets and asset classes, the inclusion of monetary claims, the transformation of assets in production and distribution chains, and the type of user, income and enjoyment rights that can be established in them, when they become proprietary, what that means, the role of party autonomy in the creation and operation of these rights, and how they are handled between professional participants and upon a sale to consumers. The volume compares common law and civil law concepts - the one being geared to improving value, the other to consumption; it then identifies their relevance especially in modern finance, and concludes by indicating future directions. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.
European Union - Wikipedia
The European Union (EU) is a supranational political and economic union of 27 member states that are located primarily in Europe. [8] [9] The union has a total area of 4,233,255 km 2 (1,634,469 …

Your gateway to the EU, News, Highlights | European Union
Jun 6, 2025 · Find out how many EU Member States there are, how big the EU economy is, how people live in the EU, and other useful facts about the EU. Discover what the EU does for …

European Union (EU) | Definition, Flag, Purpose, History,
2 days ago · The European Union (EU) is an international organization that governs economic, social, and security policies common to its 27 member countries. The EU was created by the …

European Union (EU): What It Is, Countries, History, Purpose - Investopedia
Dec 14, 2023 · The European Union (EU) is a political and economic alliance of 27 countries. It promotes democratic values in its member nations and is one of the world's most powerful trade …

European Union - Simple English Wikipedia, the free encyclopedia
The European Union (abbreviation: EU) is a union of 27 member countries in Europe.It was created by the Maastricht Treaty in 1993. It is a unique political organisation; in some ways, it acts like a …

The EU - what it is and what it does - EU Publications
This publication is a guide to the European Union (EU) and what it does. The first section briefly explains what the EU is. The second section, ‘What the European Union does’, describes what …

What Is the European Union? - The Balance
Apr 28, 2022 · The EU provides for open borders between its member countries to facilitate trade without tariffs or duties. The Treaty of Maastricht formed the European Union common market in …

EU countries - European Union
Use the map and list below to explore the countries of the European Union. Find out when they joined the EU, Schengen or the euro, and learn more about the country on the dedicated page.

European Union - Definition, Flag, History - Corporate Finance …
The European Union (EU) is a unified organization of 27 member states, with authority over their political, economic, and social policies. The EU aims to ensure peace, encourage free trade, and …

How the European Union works | Fact Sheets on the
Read about how the EU works. Fact Sheets provide an overview of European integration and the role of the European Parliament.

European Union - Wikipedia
The European Union (EU) is a supranational political and economic union of 27 member states that are located primarily in Europe. [8] [9] …

Your gateway to the EU, News, Highlights | European Union
Jun 6, 2025 · Find out how many EU Member States there are, how big the EU economy is, how people live in the EU, and other useful facts about the …

European Union (EU) | Definition, Flag, Purpose, Hist…
2 days ago · The European Union (EU) is an international organization that governs economic, social, and security policies common to its 27 member …

European Union (EU): What It Is, Countries, History, Purpos…
Dec 14, 2023 · The European Union (EU) is a political and economic alliance of 27 countries. It promotes democratic values in its member nations and is …

European Union - Simple English Wikipedia, the free e…
The European Union (abbreviation: EU) is a union of 27 member countries in Europe.It was created by the Maastricht Treaty in 1993. It is a unique political …