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Books : Nonfiction : Law : Business : Banking
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Almost every country in the world has sophisticated systems to prevent banking crises. Yet such crises--and the massive financial and social damage they can cause--remain common throughout the world. Does deposit insurance encourage depositors and bankers to take excessive risks? Are banking regulations poorly designed? Or are banking regulators incompetent? Jean-Charles Rochet, one of the world's leading authorities on banking regulation, argues that the answer in each case is "no." In Why Are There So Many Banking Crises?, he makes the case that, although many banking crises are precipitated by financial deregulation and globalization, political interference often causes--and almost always exacerbates--banking crises. If, for example, political authorities are allowed to pressure banking regulators into bailing out banks that should be allowed to fail, then regulation will lack credibility and market discipline won't work. Only by insuring the independence of banking regulators, Rochet says, can market forces work and banking crises be prevented and minimized. In this important collection of essays, Rochet examines the causes of banking crises around the world in recent decades, focusing on the lender of last resort; prudential regulation and the management of risk; and solvency regulations. His proposals for reforms that could limit the frequency and severity of banking crises should interest a wide range of academic economists and those working for central and private banks and financial services authorities.
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Authoritative coverage provides a foundation for understanding recent developments in banking and financial institutions. Text covers subjects such as increased competition, deregulation, bank and thrift failures, large-scale bailout, and restructuring efforts.
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Project finance is used to build projects such as large-scale energy, infrastructure, toll roads, ethanol, and recycling projects, as well as many others. Project finance requires careful analysis and structuring of a wide variety of risks. This completely updated third edition addresses these risks and their resolution, and details the necessary elements of a successful project financing. Mirroring the structure of an actual project finance deal, this all-in-one handbook examines each step of the process.
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This volume assembles and presents a new database on bank regulation in over 150 countries (included also on CD). It offers the first comprehensive cross-country assessment of the impact of bank regulation on the operation of banks, and assesses the validity of the Basel Committee's influential approach to bank regulation. The treatment also provides an empirical evaluation of the historic debate about the proper role of government in the economy by studying bank regulation and analyzes the role of politics in determining regulatory approaches to banking. The data also indicate that restrictions on the entry of new banks, government ownership of banks, and restrictions on bank activities hurt banking system performance. The authors find that domestic political factors shape both regulations and their effectiveness.
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This book is designed for those interested in learning the fundamentals of investment adviser regulation as set forth primarily in the Investment Advisers Act of 1940 and the rules and regulations promulgated by the Securities and Exchange Commission thereunder. In particular, it is targeted towards investment advisers and their chief compliance officers. However, those associated with mutual funds, hedge funds, private equity funds and collateralized debt obligation (CDO) funds will likely find it useful as well.
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Comprehensive, yet intelligible treatment of the basic rules, principles, statutes, and issues governing the law of bank regulation. Examines the rapid pace of development in depository institution regulation, and how federal statutes governing banking have been subject to constant amendment in recent years. Discusses the growing overlap in competition among depository institutions, insurance companies, and securities firms that has further complicated regulatory policy. Detailed sections discuss: the regulated environment of banking, entry rules, branching, control transactions, transactional rules, holding company activities, securities regulation, resolution of institution failures, international banking, and bank regulation and social policy.
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The book sets forth the economic rationale for international financial regulation and what role, if any, international regulation can play in effectively managing systemic risk while providing accountability to all affected nations. The book suggests that a particular type of global governance structure is necessary to have more efficient regulation of the international financial system.
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This casebook is an authoritative introduction to international finance, transactions, policy, and regulations. The continuing expansion of U.S. capital market regulation is a major topic, as is the implementation of international accounting standards. The book is divided into five parts. Part One deals with the international aspects of major domestic markets; Part Two with infrastructure for financial markets; Part Three with instruments and offshore markets; Part Four with emerging markets; and Part Five with the fighting of terrorism. While the approach of this book is rooted in government policy and regulation, the book introduces students to basic financial concepts and transactions. The conception of the field is original and complements existing texts written for finance or economics courses.
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The Law of Banking and Financial Institutions, 2008 Statutory Supplement, builds on the strengths of the authors casebook, The Law of Banking and Financial Institutions, by providing relevant coverage of the United States Code and selected provisions of banking legislation in an easy-to-use format. Headings of all statutory subdivisions appear in boldface and top-of-page headers indicate the Act of Congress to which the provisions on that page belong.
Included in the 2008 Statutory Supplement:
Sherman and Clayton Acts
Securities Act of 1933
Expanded coverage of Securities Act of 1934
Additional provisions from the Investment Company Act of 1940
Investment Advisers Act of 1940
Selected provisions from Title 12 of The Code of Federal Regulations
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This easy-to-read guidebook is designed for lawyers who are new to banking law or are very seasoned practitioners who on occasion need to research banking law issues. The focus of the guidebook is to show how major bank regulations are structured and how they apply to different types of institutions and holding companies.
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A Comprehensive Review of Revised Article 9 provides a detailed review and explanation of Revised Article 9 of the UCC by examining revisions made to areas of Scope, Attachment, Perfection, Priority, and Default provisions found within Article 9. The book treats each area separately with cross-referencing to other areas when necessary to provide an in-depth analysis of Revised Article 9. For each area, the book provides a commentary concerning differences between Revised and Former Article 9, and it also includes detailed outlines of the revised rules. Many hypotheticals are included within the outlines to illustrate the legal application of the rules to both commercial and consumer financing transactions. The book also includes multiple choice questions for each of the revised areas along, with discussions that identify the correct answers (and explain why the answers are correct as well as why the other choices are incorrect). The book is ideal for students or practitioners who need guidance in this new area of law and can serve as a reference source for academicians.
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Based on a conference held at the University of Vienna by the International Law Association Committee on the Law of Foreign Investment on Standards of Investment Protection, this book examines the growing interest in substantive treatment standards as a result of the increase in investment arbitration proceedings, and focuses on the identification of a possible consensus of interpretation of these substantive treatment standards.
With contributors who are members of the ILA Committee, as well as renowned experts in the field of investment law from academia and practice, this collection examines the increased attention paid in recent years to substantive treatment standards as a result of the growing number of investment arbitration proceedings which have reached the merits stage. ICSID, NAFTA, UNCITRAL and other awards have helped to provide more specific meaning to the general standards of investment protection found in the majority of international investment instruments, in particular in bilateral investment treaties (BITs). It is thus crucial for a deeper understanding of the present law on the treatment of foreign investment to analyze this developing jurisprudence. This book will provide a first-hand road-map of current investment law and bring readers up to date concerning the most recent developments in the field.
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This casebook provides detailed information on negotiable instruments, payments, and credits. Part of the University Casebook Series®, it provides analysis of the principal code provisions, leading cases, and problems. Includes a chapter on letters of credit.
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Sponsored by the Banking Law Committee of the International Bar Association's Section of Business Law, this is the fourth edition of a definitive work: the result of extensive discussions at many IBA conferences of lawyers worldwide who provide commentary on a multitude of issues which may arise in the process of rendering legal opinions in international transactions.In most important international business transactions opinions of counsel are required as a condition precedent to the 'closing' of the transaction. This book analyses and comments on the clauses of a typical legal opinion requested in an international transation. The book explains meaning given to such opinion clauses by U.S. counsel, discusses under the law and practice of 25 countries whether such opinion can be given and whether or not modifications are advisable and addresses the investigation necessary to enable a lawyer to render a correct opinion. The book also contains a chapter discussing the opinion a non-U.S. lawyer should request from a U.S. lawyer. The fourth edition adds a discussion of the special issues involved in opinions rendered by in-house counsel.
The principal purposes of the book is to improve the communications between the lawyer- frequently a U.S. attorney- requesting the opinion and the lawyer rendering the opinion. Both must have a common understanding of the meaning of the terminology used in, and the scope of, the opinion.
Another important purpose of the book is to analyse the interdependence of the opinions of counsel from several countries rendered in connection with one transaction. This frequently requires a conflict of laws analysis. Where the laws of several countries apply to a transaction, the various opinions must be put together like pieces of a puzzle before the recipient of the opinion can be certain that all relevant legal issues, under all relevant legal systems, have been fully addressed.
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Written in plain, easy-to-understand language for quick, accurate comprehension, Hillman is essential to a complete and successful loan closing. Relied on by commercial loan specialists for years, this hands-on desk reference reflects the latest strategies--while saving you trouble, time and confusion. Each essential element is detailed and explained, from creating the commitment letter and loan agreement to processing the paperwork. In addition, you are supplied with up-to-date sample forms, agreements, letters and other documents that you need to effectively close the deal and protect the lender's rights. You can stand up to any challenge with this authoritative reference, ideal for attorneys, banking professionals, commercial finance companies, real estate specialists and other business professionals--beginners and seasoned practitioners alike.
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This work provides analysis of the legal and regulatory facets of syndicated loans, secondary loan market practice and other related financial practices. Acknowledging the dynamic growth in the secondary loan market, Mugasha covers loan trading, credit derivatives, collateralised debt obligations, mezzanine and hybrid debt solutions--all topical issues for finance lawyers.
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This book offers a comprehensive explanation of UCC Article 9 with many illustrations. It provides a roadmap to understanding UCC Article 9, and provides a context for the rules of Article 9 as those rules relate to other debtor creditor law and bankruptcy.
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This timely new book explains 'why' and 'how' the concept of legal risk has achieved such prominence in the financial markets and how it is intended to be addressed in the context of operational risk in light of the new Basel II regulatory regime.
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This fourth edition has been fully updated and revised to take into account the recent developments in electronic banking and payment, consumer credit, securities, and financial regulation. Also included are new chapters on money laundering and bank guarantees, ensuring this text maps closely on to university law courses.