Financial Law

Hardcover | December 27, 2007

byJoanna Benjamin

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The traditional financial market sectors of insurance, commercial banking, derivatives, capital markets and asset management are converging in practice, but their analysis is still largely sector-based. This book offers a cross-sectoral, functional approach. It highlights anomalies in thedifferent legal treatment of the respective sectors (suggesting law reform to sum, and arbitrage opportunities to others) and identifies key trends.This book offers an integrated approach to financial law which is both useful and timely, as the markets have been converging for over two decades. Functions traditionally performed in one sector are now undertaken in another, and financial techniques are emerging which combine characteristics ofdifferent traditional transaction types. Investment banks increasingly offer new structured products in a range of alternative legal "wrappers". Securitisation, particularly in association with credit derivatives, continues to be a dominant force, drawing ever more categories of business into thecapital markets. Innovations such as these have been associated with a high level of legal risk, and the cross-sectoral freedoms offered by deregulation have not been fully exploited. This book presents financial law as a discrete branch of law, to be considered in the round; it will therefore provide thepractitioner, scholar or regulator with a complete, unfragmented view of the subject.

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The traditional financial market sectors of insurance, commercial banking, derivatives, capital markets and asset management are converging in practice, but their analysis is still largely sector-based. This book offers a cross-sectoral, functional approach. It highlights anomalies in thedifferent legal treatment of the respective se...

Dr Joanna Benjamin is a Reader in Law at the London School of Economics specialising in financial law, a consultant at Freshfields Bruckhaus Deringer and a member of the Bank of England's Financial Markets Law Committee. Joanna also consults for the public sector in the UK and internationally. Previous publications include The Law o...

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Format:HardcoverDimensions:700 pages, 9.69 × 6.73 × 1.71 inPublished:December 27, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199282935

ISBN - 13:9780199282937

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Table of Contents

Part I: Introduction1. Terms of Reference2. Credit RiskPart II: Simple Financial Positions3. Overview4. Transaction Types5. Comparison of Simple Financial Positions6. TrendsPart III: Funded Positions7. Overview8. Options for Raising Capital9. Managed Funds10. Regulation of Funded Positions: 5 Points of ComparisonPart IV: Net Positions11. Overview12. Set off and Netting13. Title Transfer Collateral Arrangements14. The Rise of Net PositionsPart V: Asset backed positions15. Overview16. Property Rights17. Security18. Asset-backed Securities19. Indirectly Held Securities20. Financial Collateral21. TrendsPart VI: Markets and Regulatory Projects22. Overview23. Market forces in financial law and regulation24. Judges, markets and consumers25. The arm's length regulatory project26. The fiduciary project27. The consumerist project28. Conclusions