The Law and Practice of International Banking

Hardcover | April 12, 2015

byCharles Proctor

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The second edition of this major reference work on banking law continues to provide authoritative analysis of current practice and the law that applies to it.Known for its broad coverage including topics such as syndicated loans, security structures, derivative products and mis-selling claims, the book tackles areas which have particular relevance to current practice. Amongst these are cross-border matters such as world-wide freezing injunctions, foreigndisclosure orders, the bankers' duty of confidentiality and the impact of sanctions on banking transactions. In particular, the book provides detailed examination of various matters arising out of the Lehman collapse and the failure of the Icelandic banking system. The second edition reviews asignificant accumulation of case law in these areas. Reflecting the continued growth of the Islamic finance market, there is also a detailed section on this highly specialized but increasingly important area. The new edition provides detailed consideration of the new UK and EU regulatory regimes, analysing the respective responsibilities of the PRA and the FCA, and the establishment of new banking authorities in the EU. A separate chapter examines the new capital adequacy and liquidity regimes that willapply to banks in the wake of Basel III. It also reflects on the impact of the crisis following on from the initial assessments made in the first edition. The book examines extensively the new regimes for "ring-fencing" of retail banking business and for the resolution of failing banks, introducedat both the UK and EU levels.The text also includes a new chapter examining the challenges that the banking system would face in the event that a Member State elected to withdraw from the Eurozone - a fate which appeared to hang over Greece during the crisis and which could recur if the single currency zone faces renewedstrains.Written by the editor of the leading work on monetary law, Mann on the Legal Aspect of Money, 7e, this is the most comprehensive assessment of current banking practice and the law that applies to it. It is a work of great scholarship set in practical context and benefits from the consistency andrigorousness of approach that a single author can provide.

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The second edition of this major reference work on banking law continues to provide authoritative analysis of current practice and the law that applies to it.Known for its broad coverage including topics such as syndicated loans, security structures, derivative products and mis-selling claims, the book tackles areas which have particul...

Charles Proctor is a partner at Fladgate LLP and has extensive experience advising on banking law and financial services regulation in the UK and the Far East. He is an Honorary Professor of Law at the University of Birmingham and a Visiting Professorial Fellow at the Centre for Commercial Law Studies, Queen Mary University, London. ...

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Format:HardcoverDimensions:1008 pages, 9.69 × 6.73 × 0.1 inPublished:April 12, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199685584

ISBN - 13:9780199685585

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Table of Contents

Part A: Regulatory Matters1. The Regulation of Deposit-Taking Business2. EU Banking Law3. The Conduct of Retail Banking and Investment4. The Regulation of Lending Business5. The Regulation of Payment Services6. Capital Adequacy, Liquidity and Large Exposures7. Money Laundering Legislation8. The Market RegulatorsPart B: Merger, Reorganisation and Insolvency of Banks9. UK Bank Mergers and Business Transfers10. Foreign Bank Mergers11. Bank Rescues and Financial Stability in the United Kingdom12. Cross-Border Reorganisation and Winding Up of Banks13. Deposit Protection Schemes14. The Liability of the RegulatorPart C: The Banker-Customer Relationship15. The Banker Customer Contract16. Cheques17. Duties of the Paying Bank18. Duties of the Collecting Bank19. Electronic Funds TransfersPart D: The Bank as Service Provider20. The Bank as a Lender21. Syndicated Loans22. Trading Loan Assets23. Swaps and Derivatives24. Bank Guarantees, Performance Bonds and Documentary Credits25. Sources of Bank LiabilityPart E: Guarantees and Security26. Guarantees27. Security - Characterisation, Formalities and Registration28. Types of Security29. Charges Over Shares and Other Securities30. Charges Over Receivables31. Charges Over Bank Balances32. Charges Over Real Estate33. Charges Over Aircraft34. Charges Over Ships35. Financial Collateral Arrangements36. Lien and Set-Off37. Vitiating Factors - "Financial Assistance" and Transactions with Directors38. Transactions between Companies and their Directors39. Avoidance of Security in InsolvencyPart F: Cross Border Issues40. Banks and the Eurozone Crisis41. The Banker-Customer Contract in Private Internatiobnal Law42. Cross-Border Financial Services, Consumer Protection and Unfair Contract Terms43. The Banker's Duty of Confidentiality44. Freezing Injunctions and International Banks45. Execution Proceedings and Foreign Deposits46. Liability for Branch Deposits and the Impact of Foreign Law47. Economic Sanctions48. Customer Obligations and Foreign LawPart G: Islamic Finance49. Islamic Finance - Principles and Structures50. Islamic Finance Transactions in the Courts51. Corporate and Regulatory Issues52. Harmonisation and the Development of the International Islamic Financial Markets