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financial services regulation law: The Law and Regulation of Financial Institutions Milton R. Schroeder, 2024-05 |
financial services regulation law: Financial Regulation MICHAEL. JACKSON BARR (HOWELL. TAHYAR, MARGARET.), Howell Jackson, Margaret Tahyar, 2018-08-06 Financial Regulation: Law and Policy (2d Edition) introduces the field of financial regulation in a new and accessible way. Even though a decade has passed since the most systemic financial crisis in the last 70 years and eight years have elapsed since a major shift in regulatory design, the world is still grappling with the aftermath. In addition, technology innovations, including Bitcoin and other cryptocurrencies, market forces and a changing political environment all have combined to reframe and reorient public debate over financial regulation. The book has kept up to date with all of these changes. The book analyzes and compares the market and regulatory architecture of the entire U.S. financial sector as it exists today, from banks, insurance companies, and broker-dealers, to asset managers, complex financial conglomerates, and government-sponsored enterprises. The book explores a range of financial activities, from consumer finance and investment to payment systems, securitization, short-term wholesale funding, money markets, and derivatives. The book examines a range of regulatory techniques, including supervision, enforcement, and rule-writing, as well as crisis-fighting tools such as resolution and the lender of last resort. Throughout the book, the authors note the cross-border implications of U.S. rules, and compare, where appropriate, the U.S. financial regulatory framework and policy choices to those in other places around the globe, especially the European Union. |
financial services regulation law: Principles of Financial Regulation John Armour, Daniel Awrey, Paul Lyndon Davies, Luca Enriques, Jeffrey Neil Gordon, Colin P. Mayer, Jennifer Payne, 2016 Examining the subject from a holistic and multidisciplinary perspective, Principles of Financial Regulation considers the underlying policies and the objectives of financial regulation. |
financial services regulation law: Consumer Financial Services Answer Book (2015 Edition) Richard E. Gottlieb, Arthur B. Axelson, Thomas M. Hanson, 2014 |
financial services regulation law: Financial Services Regulation in Practice Simon Morris, 2016 This book explains how to deal with legal, compliance, and enforcement issues faced by banks and other financial institutions and their legal advisers. It focuses on the practical application of the generally applicable regulations and rules under the Financial Services and Markets Act 2000 governing the financial services sector as it changed and developed during and after the financial crisis. The book considers the key changes made by the Financial Services Act 2012 and the Financial Services (Banking Reform) Act 2013 as well as policy developments brought about by the change in regime from the Financial Services Authority to the Prudential Regulation Authority and Financial Conduct Authority. Guidance is given on the application and enforcement of the rules taking all relevant sources into account including speeches and announcements by regulatory authorities, policy documents and pronouncements, practice developments, court cases, tribunal decisions, and enforcement proceedings. Providing real insight into the practical, legal, and policy issues affecting all dealing with the post-crisis regulatory environment, this book is essential for all advising on legal matters, compliance and enforcement in the financial sector. |
financial services regulation law: Legal Aspects of Combating Corruption: The Case of Zambia , |
financial services regulation law: Insights on Financial Services Regulation John A. Consiglio, 2020-06-10 The debates around financial services regulation are fierce and unending, and with every new development or law, rigid positions seem to grow. In this insightful new book, expert author John A. Consiglio discusses developments in this vital part of the wide world of finance. |
financial services regulation law: International Law in Financial Regulation and Monetary Affairs Thomas Cottier, John H. Jackson, Rosa M. Lastra, 2012-10-04 Analysing the emerging international legal framework governing financial institutions and markets, including monetary policies and monetary regulation, this book addresses the cross border issues that arise within this area. It highlights the lack of formal international law present, and shows how this contributed to the global financial crisis. |
financial services regulation law: The Law of Financial Services Groups Charles H. R. Morris, 2019 Most legal text books and practitioners' guides focus on the impact of financial services law and regulation as applicable to individual legal entities: the application of such law and regulation on a group basis is often a cursory afterthought, or neglected altogether. This book reverses the balance. It is the first book to fully and systematically address how groups of businesses within the financial services sector are regulated. It starts with the company law and corporate insolvency law foundations and how they are established and formed into groups. It then builds up through prudential regulation and resolution-driven principles, focusing on such how regulations apply and operate at a consolidated group and sub-group level, to the structural responses from firms and counter-responses from legislators and regulators. This new work also considers the tensions that arise from the conflicts between authorities and legal systems on a cross-border basis, and between the formal legal system and the powers and agendas of the regulators. In its final section, the book applies the principles explored in previous sections to a wide range of transaction types. The book covers intragroup transactions, and the role that regulation plays requiring and restricting the movement of financial resources around groups. It is up-to-date as at April 2019, marking the culmination of over 10 years of intense regulatory change, addresses UK ring-fencing rules and EU and US intermediate parent undertaking requirements, and considers the impact of Brexit and the EU banking reform/risk reduction package. |
financial services regulation law: Legal Data for Banking Akber Datoo, 2019-06-17 A practical, informative guide to banks’ major weakness Legal Data for Banking defines the legal data domain in the context of financial institutions, and describes how banks can leverage these assets to optimise business lines and effectively manage risk. Legal data is at the heart of post-2009 regulatory reform, and practitioners need to deepen their grasp of legal data management in order to remain compliant with new rules focusing on transparency in trade and risk reporting. This book provides essential information for IT, project management and data governance leaders, with detailed discussion of current and best practices. Many banks are experiencing recurrent pain points related to legal data management issues, so clear explanations of the required processes, systems and strategic governance provide immediately-relevant relief. The recent financial crisis following the collapse of major banks had roots in poor risk data management, and the regulators’ unawareness of accumulated systemic risk stemming from contractual obligations between firms. To avoid repeating history, today’s banks must be proactive in legal data management; this book provides the critical knowledge practitioners need to put the necessary systems and practices in place. Learn how current legal data management practices are hurting banks Understand the systems, structures and strategies required to manage risk and optimise business lines Delve into the regulations surrounding risk aggregation, netting, collateral enforceability and more Gain practical insight on legal data technology, systems and migration The legal contracts between firms contain significant obligations that underpin the financial markets; failing to recognise these terms as valuable data assets means increased risk exposure and untapped business lines. Legal Data for Banking provides critical information for the banking industry, with actionable guidance for implementation. |
financial services regulation law: The Oxford Handbook of Financial Regulation Niamh Moloney, Eilís Ferran, Jennifer Payne, 2015-08-27 The financial system and its regulation have undergone exponential growth and dramatic reform over the last thirty years. This period has witnessed major developments in the nature and intensity of financial markets, as well as repeated cycles of regulatory reform and development, often linked to crisis conditions. The recent financial crisis has led to unparalleled interest in financial regulation from policymakers, economists, legal practitioners, and the academic community, and has prompted large-scale regulatory reform. The Oxford Handbook of Financial Regulation is the first comprehensive, authoritative, and state of the art account of the nature of financial regulation. Written by an international team of leading scholars in the field, it takes a contextual and comparative approach to examine scholarly, policy, and regulatory developments in the past three decades. The first three parts of the Handbook address the underpinning horizontal themes which arise in financial regulation: financial systems and regulation; the organization of financial system regulation, including regional examples from the EU and the US; and the delivery of outcomes and regulatory techniques. The final three Parts address the perennial objectives of financial regulation, widely regarded as the anchors of financial regulation internationally: financial stability, market efficiency, integrity, and transparency; and consumer protection. The Oxford Handbook of Financial Regulation is an invaluable resource for scholars and students of financial regulation, economists, policy-makers and regulators. |
financial services regulation law: Investment Adviser Regulation Clifford E. Kirsch, 1996 |
financial services regulation law: Governance of Global Financial Markets Emilios Avgouleas, 2012-04-26 Analyses governance structures for international finance, evaluates current regulatory reforms and proposes a new governance system for global financial markets. |
financial services regulation law: Financial Market Regulation John A. Tatom, 2011-01-11 What role should regulation play in financial markets? What have been the ramifications of financial regulation? To answer these and other questions regarding the efficacy of legislation on financial markets, this book examines the impact of the Gramm Leach Bliley Act (GLBA), also called the Financial Modernization Act of 1999, which fundamentally changed the financial landscape in the United States. The GLBA allows the formation of financial holding companies that can offer an integrated set of commercial banking, securities and insurance products. The tenth anniversary of the most sweeping financial legislation reform in the industry’s structure is a natural benchmark for assessing the effects of the law and for questioning whether changes are necessary in the working of this historic legislation. The importance of this review is reinforced by a variety of proposals in the last several years to reform the regulation of financial institutions that have attracted considerable attention among regulators and in the financial firms that they regulate. Most recently, the financial crisis and the failure of some large financial institutions have called into question the legitimacy of America’s current financial structure and its regulation, including to some degree the GLBA. There is no doubt that regulatory reform is front and center on today’s policy agenda. The lessons of the GLBA experience and its effects, both domestic and international, on financial markets and competitiveness, risk-taking and risk management by financial services firms and their regulators will be critical to the direction the country takes and the effort to ensure that future financial crises do not occur or have less costly damage. With contributions from academics, policy experts, and a sponsor of the GLBA, Congressman James Leach, this book is invaluable to anyone interested in financial system reform. |
financial services regulation law: Banking Law: New York Banking Law New York (State), 1907 |
financial services regulation law: Principles of Banking Regulation Kern Alexander, 2019-06-06 Analyses banking regulation and recent international developments, including Basel IV, bank resolution and Brexit, and their impact on bank governance. |
financial services regulation law: Financial Regulation and Technology Sheridan, Iain, 2022-02-15 This important book analyses recurring issues within financial services regulation relevant to the use of technology, at a time when competition is moving towards greater use of technology in the financial services sector. Iain Sheridan assumes no advanced knowledge of computers and related technology topics, but where necessary encapsulates the essential aspects to offer a comprehensive yet accessible guide to the regulation of finance and technology. |
financial services regulation law: FinTech Jelena Madir, 2024-05-02 This fully revised and updated third edition provides a practical examination of legal and regulatory issues in FinTech, a sector whose rapid rise in recent years has produced opportunities for innovation but has also raised new challenges. Featuring insights from over 40 experts from 10 countries, this book analyses the statutory aspects of technology-enabled developments in banking and considers the impact these changes will have on the legal profession. |
financial services regulation law: Banking Law Andreas Kokkinis, Andrea Miglionico, 2021-03-16 Banking regulation and the private law governing the bank-customer relationship came under the spotlight as a result of the global financial crisis of 2007–2009. More than a decade later UK, EU and international regulatory initiatives have transformed the structure, business practices, financing models and governance of the banking sector. This authoritative text offers an in-depth analysis of modern banking law and regulation, while providing an assessment of its effectiveness and normative underpinnings. Its main focus is on UK law and practice, but where necessary it delves into EU law and institutions, such as the European Banking Union and supervisory role of the European Central Bank. The book also covers the regulation of bank corporate governance and executive remuneration, the promises and perils of FinTech and RegTech, and the impact of Brexit on UK financial services. Although detailed, the text remains easy to read and reasonably short; pedagogic features such as a glossary of terms and practice questions for each chapter are intended to facilitate learning. It is a useful resource for students and scholars of banking law and regulation, as well as for regulators and other professionals who are interested in reading a precise and evaluative account of this evolving area of law. |
financial services regulation law: United States Code United States, 2013 The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited U.S.C. 2012 ed. As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office--Preface. |
financial services regulation law: The Securities Law of Public Finance Robert A. Fippinger, 1988 |
financial services regulation law: The Keys to Banking Law Karol K. Sparks, 2020 This updated edition is a comprehensive resource providing you with tools to demystify the complexities of banking law. The book guides you through today’s system of financial regulation. Sharing decades of accumulated legal learning, the author and contributors discuss their experience and knowledge as banking law professionals and educators providing tips on how to navigate the subject. 'The Keys to Banking Law' guides you through today’s system of financial regulation that is unlike anything else in the world. To that end, the guide: explores the history of banking law in the U.S. to provide context for the complexities of the law examines the bank family, with special emphasis on the unique dual banking system and holding company structure discusses the ?safety net? of FDIC insurance and the Federal Reserve discount window dedicates chapters to all of the myriad laws and regulations attributed to the ?specialness? of the banking charter unveils issues associated with safety and soundness and risk management examines how banks are supervised and examined, how law is enforced and what happens when a bank fails.--Provided by publisher. |
financial services regulation law: Financial Services Law in Ireland Finbarr Murphy, Caroline Bergin-Cross, 2018 |
financial services regulation law: Banking Regulation in the United States - Third Edition Carl Felsenfeld, David L. Glass, 2011-02-01 This handy reference work is ideal for either the experienced practitioner or the neophyte, representing an institution or client whose interests involve United States banking regulation. Banking Regulation in the United States analyzes and discusses the pattern of banking regulation, including the Dodd-Frank Act, the systems structure, the sources of governing law and the nature and reasons for the changes that gives this field its peculiar volatility. |
financial services regulation law: Law of Financial Institutions Richard Scott Carnell, Jonathan R. Macey, Geoffrey P. Miller, Peter Conti-Brown, 2021-01-13 The Law of Financial Institutions provides the foundation for a successful course on the law of traditional commercial banks. The book’s clear writing, careful editing, timely content, and concise explanations to provocative questions make a difficult field of law lively and interesting. New to the Seventh Edition: Unified analysis of different types of financial institution under a common framework, using simple mock balance sheets as a way of vividly illustrating the similarities and differences and bringing out the features that lend stability or instability to the financial system. A new chapter dealing with the important topic of financial technology. Extensive treatment of liquidity regulation, one of the most fundamental strategies for ensuring bank safety and soundness. A clear and coherent discussion of capital regulation and provides up-to-date explanations and simple examples of the complex issues surrounding capital adequacy applicable to banks today. A clear, coherent, and interesting account of the essential nature of the banking firm as a financial intermediary that acts as a payment service provider. Text that addresses issues of compliance and risk management that have become central to the management of banking institutions in the years since the financial crisis. Professors and student will benefit from: Important new contributions from Professor Peter Conti-Brown, a nationally renowned expert in banking policy and history Completely revised and updated to reflect important regulatory initiatives and trends Answers to all problem sets available to adopting professors Focuses on topics from economic, political, and doctrinal point of view Interesting and provocative questions with explanations Extensive use of nontraditional materials and professor-written discussions and explanations Excellent organization and careful editing |
financial services regulation law: Institutional Structure of Financial Regulation Robin Hui Huang, Dirk Schoenmaker, 2014-06-20 In light of on-going global financial crises, the institutional structure of financial regulation is currently a subject of significant academic and practical interest. The financial crisis has called into question the adequacy of financial regulation at the national and supranational levels, and has instigated financial regulatory reforms in major markets overseas. This has included the enactment of the Dodd-Frank Act in the US, and the programme to split the Financial Services Authority in the UK. This book examines the institutional structure reform of financial regulation from a comparative perspective, exploring both fundamental theories and international experiences. The book explores the three main institutional structures of financial regulation in the world; the sectors-based model, adopted in the US, Mainland China and Hong Kong; the twin-peaks model with Australia and the Netherlands as its pioneers; and the single-regulator model as represented by the former Financial Services Authority in the UK and the Financial Services Agency in Japan. The book contains contributions from renowned experts in the field of financial regulation including Douglas Arner, Jeffrey Carmichael, Robin Hui Huang, Dirk Schoenmaker, and Michael Taylor, and will be of interest to students and researchers of banking and finance law, and comparative economics. |
financial services regulation law: Bank Regulation, Risk Management, and Compliance Alexander Dill, 2019-10-01 Bank Regulation, Risk Management, and Compliance is a concise yet comprehensive treatment of the primary areas of US banking regulation – micro-prudential, macroprudential, financial consumer protection, and AML/CFT regulation – and their associated risk management and compliance systems. The book’s focus is the US, but its prolific use of standards published by the Basel Committee on Banking Supervision and frequent comparisons with UK and EU versions of US regulation offer a broad perspective on global bank regulation and expectations for internal governance. The book establishes a conceptual framework that helps readers to understand bank regulators’ expectations for the risk management and compliance functions. Informed by the author’s experience at a major credit rating agency in helping to design and implement a ratings compliance system, it explains how the banking business model, through credit extension and credit intermediation, creates the principal risks that regulation is designed to mitigate: credit, interest rate, market, and operational risk, and, more broadly, systemic risk. The book covers, in a single volume, the four areas of bank regulation and supervision and the associated regulatory expectations and firms’ governance systems. Readers desiring to study the subject in a unified manner have needed to separately consult specialized treatments of their areas of interest, resulting in a fragmented grasp of the subject matter. Banking regulation has a cohesive unity due in large part to national authorities’ agreement to follow global standards and to the homogenizing effects of the integrated global financial markets. The book is designed for legal, risk, and compliance banking professionals; students in law, business, and other finance-related graduate programs; and finance professionals generally who want a reference book on bank regulation, risk management, and compliance. It can serve both as a primer for entry-level finance professionals and as a reference guide for seasoned risk and compliance officials, senior management, and regulators and other policymakers. Although the book’s focus is bank regulation, its coverage of corporate governance, risk management, compliance, and management of conflicts of interest in financial institutions has broad application in other financial services sectors. Chapter 6 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license. |
financial services regulation law: The New Financial Deal David Skeel, 2010-11-29 The good, the bad, and the scary of Washington's attempt to reform Wall Street The Dodd-Frank Wall Street Reform and Consumer Protection Act is Washington's response to America's call for a new regulatory framework for the twenty-first century. In The New Financial Deal, author David Skeel offers an in-depth look at the new financial reforms and questions whether they will bring more effective regulation of contemporary finance or simply cement the partnership between government and the largest banks. Details the goals of the legislation, and reveals that how they are handled could dangerously distort American finance, making it more politically charged, less vibrant, and further removed from basic rule of law principles Provides an inside account of the legislative process Outlines the key components of the new law To understand what American financial life is likely to look like in five, ten, or twenty years, and how regulators will respond to the next crisis, we need to understand Dodd-Frank. The New Financial Deal provides that understanding, breaking down both what Dodd-Frank says and what it all means. |
financial services regulation law: Legal Aspects of Financial Services Regulation and the Concept of a Unified Regulator Kenneth Kaoma Mwenda, 2006-01-01 That different types of financial services and products continue to spring up in the financial sector of many countries is indicative of the changing landscape of the financial services industry globally. Equally important, as indicators of the evolving trajectory of financial services regulation, are increases in the number of countries where universal banking is practiced and in numbers of parent and subsidiary companies providing different types of financial services and products. This book is written against that background. A central thesis pursued in the book is that until there is a longer track record of experience with unified regulators, it is difficult to come to firm conclusions about the restructuring process of regulators, and the optimal internal structure of such agencies. In addition, the book examines the concept of an independent regulator, showing how this concept, as a corollary to the concept of a unified regulator, could strengthen the regulatory and institutional framework for financial services supervision if accountability were to be part of such a framework. |
financial services regulation law: Regulation of International Finance Philip R. Wood, 2018-10-31 This book covers the essential principles of the regulation of international finance. The regulatory regimes of the UK, US and EU are considered in detail, alongside surveys of the regimes in 200 jurisdictions worldwide. The author sets out a comprehensive analysis of the history, development, principles and policies of financial regulation. |
financial services regulation law: Electronic Payment Systems Edward A. Morse, 2018 This guide explores innovations and the legal and technological questions presented in the banking and payment systems industry. Written by experts in the field, this book provides a topical discussion of the principal electronic payment systems utilized today and how they are ever changing to keep current with changes in technology. |
financial services regulation law: The Law and Regulation of Finance Alastair Hudson, 2013 'The Law and Regulation of Finance' provides a comprehensive account of the law of finance. Covering every major financial market, including foreign exchange, stock-lending and repos, this book provides an in-depth overview of the derivatives and securities regulation. |
financial services regulation law: Hedge Funds Stephanie R. Breslow, David J. Efron, Marc E. Elovitz, Steven J. Fredman, David Nissenbaum, Paul N. Roth, 2018-09-28 Hedge funds covers hedge fund investment strategies, domestic /off-shore hedge fund structure/tax considerations, terms, fees, related considerations for sponsors and investors, and more. |
financial services regulation law: Underwriting Practice Rosamund Emery, 2008 The objective of this unit is to develop knowledge and understanding of the fundamental principles and practices of underwriting practice. This is a self-study course consisting of the coursebook with updates for 12 months after enrolment (further details on updates are included on the title page of the study text). Developed to assist you in understanding and learning the exam syllabus, the text breaks down the syllabus into concise sections, with each chapter containing clearly defined learning outcomes and a series of self-test questions. |
financial services regulation law: Banking Law and Regulation Iris H.-Y. Chiu, Joanna Wilson, 2019 A contemporary, accessible, contextual textbook, covering banking law and regulation in the modern, post-2008 environment, this is essential reading for banking law students. |
financial services regulation law: The Law of Truth in Lending John L. Ropiequet, Lynette I. Hotchkiss, 2023 This must-have resource for business lawyers and corporate and financial service executives provides updated, comprehensive coverage of Truth in Lending law compliance, disclosure, and private enforcement. Written by highly-respected specialists in the field, the treatise discusses important changes in the law and its evolution over the years. This comprehensive, single volume provides detailed analysis of all aspects of the Truth in Lending Act and is updated to be accessible and useful for today's practitioners. Drafted by practice leaders, this fourth edition contains timely information and expert guidance explaining the scope of the Act and the issues to be considered when dealing with matters of TIL compliance, disclosure, and private litigation. -- |
financial services regulation law: Fintech Law Kevin C. Taylor, 2014 |
financial services regulation law: The fundamental principles of financial regulation Markus Konrad Brunnermeier, 2009 |
financial services regulation law: Business Organization and Finance William A. Klein, John C. Coffee, 2004 |
financial services regulation law: Legal Foundations in Banking American Bankers Association, 2018 |
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