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Banking Law And Regulation: (pdf)
by Iris H-Y Chiu Joanna WilsonBanking Law is the ideal textbook to accompany a modern course. A truly contemporary textbook, it fully addresses the current landscape of banking law and regulation post the 2008 financial crisis. Coverage is expertly balanced between transactional, regulatory, and private law topics across UK banking law, as well as European and international law, ensuring that this book covers everything needed for a full understanding. Packed with features, including diagrams, questions, key takeaways, and key bibliographies, student learning is supported and consolidated.
Banking on Data: Evaluating Open Banking and Data Rights in Banking Law (International Banking and Finance Law Series)
by Scott FarrellInternational Banking and Finance Law Series, Volume 37 Despite open banking’s broad emergence in a variety of jurisdictions and the ambition shared for the benefits it is to deliver, there is a distinct lack of detailed analysis of the legal features which are needed for it to be effectively established. This indispensable study is the first to analyse open banking’s legal foundations by reference to banking law rather than to privacy law or competition law. With a detailed focus on the mature open banking systems of Australia and the United Kingdom, including Australia’s Consumer Data Right, the book’s thoroughgoing legal perspective provides a comprehensive framework which can be used to evaluate and design open banking in any jurisdiction. The presentation proceeds through a comparison of the legal rights, responsibilities, and relationships under open banking systems with equivalent rights in traditional banking payment systems. This process clearly reveals and addresses such salient open banking and data-sharing issues as the following: what data should be shareable and who should be required to share data; how data should be shared and how rights to share data should be established; the role of data minimisation and the role of consent; how laws, standards, rules, and technology interact in an open banking system; how open banking fosters competition, innovation, and financial inclusion; how consumer protection can be included by design; management of quality and security of shared data; facilitation and regulation of participation; legal relationships and allocation of liability among participants; compensation for customers if something goes wrong; strategic challenges and opportunities; enforceability and insolvency; systemic efficacy and safety; and the role of trust. Also included is an assessment framework designed to categorise the risks which arise in open banking and other data-sharing systems. As a systematic appraisal of how banking law can be used to ensure the customer autonomy, data portability, recipient accountability and participant connectivity promised by open banking systems, the book’s legal perspective on the value of customer data will prove of inestimable value for lawyers in banking and finance, as well as for professionals in financial services or information technology.
BANKING ON IT: How I Disrupted an Industry
by Anne Boden'I surprised myself the first time I fully articulated the words "I'm starting a bank"'BANKING ON IT is the first-hand account of one woman's quest to rebuild Britain's broken banking system. After a lengthy career at the top of some of Britain's leading banks Anne Boden had become disillusioned with the status quo - the financial crash had broken trust in the whole sector but there seemed to be little appetite to make the most of emerging technologies to revolutionise customer experience. Increasingly frustrated with the inertia within the industry she decided to shake things up herself by doing something totally radical - setting up her own bank.In this awe-inspiring story Anne reveals how she broke through bureaucracy, tackled prejudice and successfully countered widespread suspicion to realise her vision for the future of consumer banking. She fulfilled that dream by founding Starling, the winner of Best British Bank at the British Bank Awards in 2018, 2019 and 2020, and in doing so has triggered a new movement that is revolutionising the entire banking industry.
Banking on the Body: The Market In Blood, Milk, And Sperm In Modern America
by Kara W. SwansonEach year Americans supply blood, sperm, and breast milk to "banks" that store these products for use by strangers in medical procedures. Who gives, who receives, who profits? Kara Swanson traces body banks from the first experiments that discovered therapeutic uses for body products to current websites that facilitate a thriving global exchange.
Banking on the Body: The Market In Blood, Milk, And Sperm In Modern America
by Kara W. SwansonEach year Americans supply blood, sperm, and breast milk to "banks" that store these products for use by strangers in medical procedures. Who gives, who receives, who profits? Kara Swanson traces body banks from the first experiments that discovered therapeutic uses for body products to current websites that facilitate a thriving global exchange.
Banking Reforms in Africa: Implications for Economic Welfare and Poverty Reduction (Routledge International Studies in Money and Banking)
by Agnes Olatokunbo MartinsThis book comprehensively explores the intricate relationship between banking reforms, economic well-being, and poverty reduction across the African continent. Delving into the historical roots of banking reforms, it examines the resilience of banking sectors in key African countries like South Africa, Nigeria, Kenya, MENA, and beyond.The findings suggest that much attention should be paid to the design of banking systems and how banks are regulated. This focus on banks differs from many discussions on the topic, which tend to be more concerned with other policy areas such as economic policy, international trade policy, and aid. The book’s extensive and contemporary overview of banking reforms enables a comparative analysis of regulatory frameworks, supervision practices, and government interventions. It evaluates theoretical frameworks linking banking reforms to bank stability and resilience, drawing on financial intermediation, resource allocation, systemic risk, and financial development concepts. It empirically tests the causal relationships between the Basel II/III capital reforms, bank sector resilience, economic growth, and poverty reduction and identifies and analyses the channels and mechanisms through which banking reforms affect economic welfare and poverty reduction in Africa, such as credit availability, financial efficiency, financial innovation, and financial access.The book offers an insightful exploration into a brighter economic future on the African continent. The findings presented herein offer valuable insights for policymakers, researchers, and practitioners striving to enhance financial stability, foster economic growth, and alleviate poverty in Africa.
Banking Reforms in Africa: Implications for Economic Welfare and Poverty Reduction (Routledge International Studies in Money and Banking)
by Agnes Olatokunbo MartinsThis book comprehensively explores the intricate relationship between banking reforms, economic well-being, and poverty reduction across the African continent. Delving into the historical roots of banking reforms, it examines the resilience of banking sectors in key African countries like South Africa, Nigeria, Kenya, MENA, and beyond.The findings suggest that much attention should be paid to the design of banking systems and how banks are regulated. This focus on banks differs from many discussions on the topic, which tend to be more concerned with other policy areas such as economic policy, international trade policy, and aid. The book’s extensive and contemporary overview of banking reforms enables a comparative analysis of regulatory frameworks, supervision practices, and government interventions. It evaluates theoretical frameworks linking banking reforms to bank stability and resilience, drawing on financial intermediation, resource allocation, systemic risk, and financial development concepts. It empirically tests the causal relationships between the Basel II/III capital reforms, bank sector resilience, economic growth, and poverty reduction and identifies and analyses the channels and mechanisms through which banking reforms affect economic welfare and poverty reduction in Africa, such as credit availability, financial efficiency, financial innovation, and financial access.The book offers an insightful exploration into a brighter economic future on the African continent. The findings presented herein offer valuable insights for policymakers, researchers, and practitioners striving to enhance financial stability, foster economic growth, and alleviate poverty in Africa.
Banking Regulation and World Trade Law: GATS, EU and Prudential Institution Building
by Lazaros E. PanourgiasBanking Regulation and World Trade Law concerns the legal aspects of the interaction between banking regulation and international trade in financial services. The author studies the internal banking market of the European Union, the liberalisation of financial services trade in the World Trade Organization, the accords of the Basel Committee on Banking Supervision and the European Central Bank.The book focuses on the balancing between banking regulation and international trade law. It discusses discrimination and proportionality in national banking regulation, the allocation of prudential regulation and supervision between home and host country, and international financial law-making. The author questions decentralised/nation-based banking regulation and supervision as a foundation for a sustainable liberalisation of international trade in financial services.The book considers various reforms of the international financial architecture, such as the incorporation of the Basel processes and accords into the WTO system, and the setting up of new international institutions by building on the Basel Committees or the IMF structures. The role of central banking in designing the international financial architecture is also explored: the book reviews the ECB's competence over foreign exchange policy and its function as lender of last resort, and treats price stability, banking soundness and representation as critical concepts. The analysis also reveals that the concept of 'prudential', despite its extensive use in banking regulation, has not been defined with adequate precision.In seeking to delineate the interface between international economic law and banking regulation, Dr Panourgias builds on the rich European scholarship on institutional financial issues and the US interdisciplinary approach to world trade law. He also entertains the notion of international financial law as a distinct field.The book will be of particular interest to those concerned with financial law and international banking.
Banking Regulation in Africa: The Case of Nigeria and Other Emerging Economies (Routledge Research in Finance and Banking Law)
by Folashade AdeyemoThere is scarce literature on the development of banking regulation in Nigeria, or the scope of powers of the Central Bank of Nigeria, which is its core banking sector regulator. The critical impetus of this book is to contribute to the literature of this area, with a detailed exploration of the Nigerian regulatory architecture. In addition, the book also engages in a comparative analysis with two emerging economies in Africa: South Africa and Kenya. It also considers the UK and the US as comparator jurisdictions in light of their regulatory responses to the global financial crisis of 2008. This book contributes to the ongoing discourse in this area by exploring, in detail, the theoretical underpinnings of regulation and supervision, to determine whether there is an understanding of what constitutes effective regulation in these jurisdictions. Given that Nigeria is the core jurisdictional focus, a historical account of banking exchanges from the pre-colonial era to more recent times is provided. Offering an understanding of how political, local and economic settings, in conjunction with the theories of regulation have impacted and influenced regulatory development in Nigeria, the book engages in an examination of Nigeria’s historical experiences with bank failures, including the banking crisis it experienced in 2008. The newly enacted Banks and Other Financial Institutions Act 2020 is also explored as part of this discourse. Through a critical analysis of the law, the book demonstrates that the Nigerian regulator has historically adopted a reactionary strategy, instead of a proactive and pragmatic approach, which is imperative for an effective regulatory regime. The outcome of this analysis is that there are lessons to be learned, and proposals are discussed in order to rethink the act of banking regulation.
Banking Regulation in Africa: The Case of Nigeria and Other Emerging Economies (Routledge Research in Finance and Banking Law)
by Folashade AdeyemoThere is scarce literature on the development of banking regulation in Nigeria, or the scope of powers of the Central Bank of Nigeria, which is its core banking sector regulator. The critical impetus of this book is to contribute to the literature of this area, with a detailed exploration of the Nigerian regulatory architecture. In addition, the book also engages in a comparative analysis with two emerging economies in Africa: South Africa and Kenya. It also considers the UK and the US as comparator jurisdictions in light of their regulatory responses to the global financial crisis of 2008. This book contributes to the ongoing discourse in this area by exploring, in detail, the theoretical underpinnings of regulation and supervision, to determine whether there is an understanding of what constitutes effective regulation in these jurisdictions. Given that Nigeria is the core jurisdictional focus, a historical account of banking exchanges from the pre-colonial era to more recent times is provided. Offering an understanding of how political, local and economic settings, in conjunction with the theories of regulation have impacted and influenced regulatory development in Nigeria, the book engages in an examination of Nigeria’s historical experiences with bank failures, including the banking crisis it experienced in 2008. The newly enacted Banks and Other Financial Institutions Act 2020 is also explored as part of this discourse. Through a critical analysis of the law, the book demonstrates that the Nigerian regulator has historically adopted a reactionary strategy, instead of a proactive and pragmatic approach, which is imperative for an effective regulatory regime. The outcome of this analysis is that there are lessons to be learned, and proposals are discussed in order to rethink the act of banking regulation.
Banking Regulation in Israel: Prudential Regulation versus Consumer Protection (International Banking and Finance Law Series)
by Ruth Plato-ShinarIn the aftermath of the 2008 global financial crisis, many governments are seeking ways to improve their banking regulation systems in the interests of both economic health and consumer protection. Among the globally competitive countries that withstood the crisis with no significant disruption, Israel stands out, suggesting that other countries might benefit from an in-depth analysis of its banking system. This is the first book in English to provide such an analysis, emphasizing the crucial balance between prudential regulation and conduct of business regulation, which in Israel are both regulated by the same agency, unlike the ‘Twin Peaks’ model that prevails in other market-based economies. With recommendations that are highly applicable to many countries, the book examines a broad range of issues that are of current concern to the banking community worldwide. Among these issues are the following: – the architecture of financial regulation; – nationalization and privatization of banks; – conflicts of interest in the banking system resulting from universal banking; – problems of concentration and lack of competitiveness in the banking system; – the growing power of institutional investors and their entry into traditional banking activities; – mechanisms for recovery and resolution in the event of a bank failure; – new models of banking regulation, such as self-regulation and contractual regulation; and – bank consumer protection, complaint handling and redress. Even though the book focuses on Israeli banking regulation, its detailed attention to the development of a suitable supervisory model is of immeasurable international value for regulators, lawyers, bankers, academics, and business people who are in any way connected to the banking world; particularly following the 2008 crisis and its devastating effects. It is sure to be of service as many jurisdictions continue to search for optimal tools designed to prevent another such crisis.
Banking Regulation of UK and US Financial Markets
by Dalvinder SinghDalvinder Singh provides an interdisciplinary analysis of the legal aspects of prudential supervision. This gives the reader a broader understanding of the core processes of banking supervision. By using the UK as a case study, a comparison is made with the US to illustrate the different ways of approaching the issues. The author examines the legal as well as the theoretical, economic, political and policy issues that underpin the purpose of prudential supervision, such as corporate governance, enforcement sanctions, the role of external auditors and accountability of financial regulators. These are considered in the context of broad-policy considerations which render prudential supervision necessary, namely financial stability and depositor protection. The book will be of interest to academics, policymakers, regulators and practitioners, and equally will serve specialist undergraduate and postgraduate programmes in law, management and economics which focus on financial regulation.
Banking Regulation of UK and US Financial Markets
by Dalvinder SinghDalvinder Singh provides an interdisciplinary analysis of the legal aspects of prudential supervision. This gives the reader a broader understanding of the core processes of banking supervision. By using the UK as a case study, a comparison is made with the US to illustrate the different ways of approaching the issues. The author examines the legal as well as the theoretical, economic, political and policy issues that underpin the purpose of prudential supervision, such as corporate governance, enforcement sanctions, the role of external auditors and accountability of financial regulators. These are considered in the context of broad-policy considerations which render prudential supervision necessary, namely financial stability and depositor protection. The book will be of interest to academics, policymakers, regulators and practitioners, and equally will serve specialist undergraduate and postgraduate programmes in law, management and economics which focus on financial regulation.
Banking Supervision and Criminal Investigation: Comparing the EU and US Experiences (Comparative, European and International Criminal Justice #1)
by Giulia LasagniIn the aftermath of the last financial crisis, on both sides of the Atlantic banking supervisors were given new supervisory and enforcement powers, which are often of a substantially punitive-criminal nature. In Europe in particular, the establishment of the Single Supervisory Mechanism within the European Central Bank substantially increased centralised investigatory and sanctioning powers. This major innovation, together with the development of forms of real-time monitoring of banking (often digital) records, challenges traditional banking criminal investigations in their national-based and analogue dimension.The book offers a comprehensive account and perspective analysis of the interactions between the criminal and administrative nature of such new powers, highlighting their “punitive” overall nature and their impact on fundamental rights. Covering both the US and the EU regulatory frameworks, it presents unprecedented, trans-systemic research between criminal law and procedure, and between regulatory and administrative law, at the international, European and national level.The book also includes a rich and detailed selection of case law from the US and the European supreme courts, with a specific focus on CJEU and ECtHR decisions.
Banking with Integrity: The Winners of the Financial Crisis? (Humanism in Business Series)
by Heiko Spitzeck, Michael Pirson 0026; Claus DierksmeierBanking with Integrity provides rich and in-depth case studies of banks which were doing well during the financial crisis of 2007-2010. While other banks went bankrupt, were nationalized, or struggled for survival some of the featured cases increased market share, attracted more customers and avoided home evictions of their clients.
Bankrecht (Bankwirtschaftliche Schriftenreihe)
by Dr. Werner Felkau RA Dr. Nielsen Dr. Klaus Kohler RA Dr. Heinsius H. Delorme Dr. K. Lehmann RA Erich Schmid Dr. K. Winden Dr. H. Bohn Rechtsanwalt Dr. Weimar
Bankrecht: Grundzüge des bürgerlichen Rechts, Familienrecht, Erbrecht, Vertretung — Vollmacht (Bankwirtschaftliche Schriftenreihe)
by Raban von SpiegelDas vorliegende Heft beschäftigt sich mit drei ve1'schiedenen Themengruppen: 1. Familienrecht, 2. Erbrecht und 3. Vertretung - Vollmacht. Diese drei Gebiete stehen in der Bankpraxis in vorderster Linie der Proble matik im Zusammenhang mit der Führung von Konten und Depots bzw. mit der Rückführung von Krediten. Es kann jedoch nicht geleugnet werden, daß gerade auf diesem Schwerpunkt bei vielen Bankangestellten nur bruchstück artiges Wissen vorhanden ist. Meist besteht die Begründung für die Lösung eines Problems darin, daß man sagt: "Wir machen es eben so." Es darf hier hervorgehoben werden, daß man es "eben so" machen kann, daß man aber wissen muß, was das Gesetz in der einzelnen Situation als rechtens ansieht. Erst wenn man das weiß, kann man das Risiko ermessen, das man läuft, wenn man es "eben so" macht. Als Generalformel kann man daher für die drei Gebiete sagen: Man sollte genau wissen, was man - entsprechend den zwingenden Vorschriften des Ge setzes - im Einzelfall tun muß, um zu wissen, was man tun darf. Im einzelnen: die erste Einführung in das Familienrecht ist die Grundlage fÜl1 die bankbetrieblichen Konsequenzen. Man muß etwas wissen über Ehe- und Familiennamen, über die Schlüsselgewalt und über Haushaltsführung, Erwerbs tätigkeit und Familienunterhalt. Dann erst kann man den ersten wesentlichen Punkt, das Verhältnis Eltern-Kind leicht erfassen.
Bankrecht - Schnell erfasst (Recht - schnell erfasst)
by Stanislav TobiasEin schneller und verständlicher Einstieg in das Bankrecht liegt als Konzeption diesem neuen Band zugrunde. Im Vordergrund stehen nicht komplizierte kreditwirtschaftliche Einzelfragen, sondern bankrechtliche Grundstrukturen. Aufgezeigt wird der allgemeine Handlungsrahmen der Kreditinstitute, vor allem aber die vertraglichen Beziehungen der Kreditinstitute zu deren Kunden - und umgekehrt. Aber auch die Rechtsprechung prägt das Beziehungsgeflecht und wird, jedenfalls punktuell, bei den Kernbereichen vorgestellt und erläutert. Großen Wert legt der Autor auf die Vermittlung der systematischen Grundlagen in einer leicht verständlichen Sprache. So wird die spätere Weiterverfolgung und Vertiefung von Spezialfragen erleichtert. Viele Übersichten, kleine Beispielsfälle und memotechnische Elemente erleichtern das Behalten des Gelesenen.
Bankrupt in America: A History of Debtors, Their Creditors, and the Law in the Twentieth Century (Markets and Governments in Economic History)
by Mary Eschelbach Hansen Bradley A. HansenIn 2005, more than two million Americans—six out of every 1,000 people—filed for bankruptcy. Though personal bankruptcy rates have since stabilized, bankruptcy remains an important tool for the relief of financially distressed households. In Bankrupt in America, Mary and Brad Hansen offer a vital perspective on the history of bankruptcy in America, beginning with the first lasting federal bankruptcy law enacted in 1898. Interweaving careful legal history and rigorous economic analysis, Bankrupt in America is the first work to trace how bankruptcy was transformed from an intermittently used constitutional provision, to an indispensable tool for business, to a central element of the social safety net for ordinary Americans. To do this, the authors track federal bankruptcy law, as well as related state and federal laws, examining the interaction between changes in the laws and changes in how people in each state used the bankruptcy law. In this thorough investigation, Hansen and Hansen reach novel conclusions about the causes and consequences of bankruptcy, adding nuance to the discussion of the relationship between bankruptcy rates and economic performance.
Bankrupt in America: A History of Debtors, Their Creditors, and the Law in the Twentieth Century (Markets and Governments in Economic History)
by Mary Eschelbach Hansen Bradley A. HansenIn 2005, more than two million Americans—six out of every 1,000 people—filed for bankruptcy. Though personal bankruptcy rates have since stabilized, bankruptcy remains an important tool for the relief of financially distressed households. In Bankrupt in America, Mary and Brad Hansen offer a vital perspective on the history of bankruptcy in America, beginning with the first lasting federal bankruptcy law enacted in 1898. Interweaving careful legal history and rigorous economic analysis, Bankrupt in America is the first work to trace how bankruptcy was transformed from an intermittently used constitutional provision, to an indispensable tool for business, to a central element of the social safety net for ordinary Americans. To do this, the authors track federal bankruptcy law, as well as related state and federal laws, examining the interaction between changes in the laws and changes in how people in each state used the bankruptcy law. In this thorough investigation, Hansen and Hansen reach novel conclusions about the causes and consequences of bankruptcy, adding nuance to the discussion of the relationship between bankruptcy rates and economic performance.
Bankrupt in America: A History of Debtors, Their Creditors, and the Law in the Twentieth Century (Markets and Governments in Economic History)
by Mary Eschelbach Hansen Bradley A. HansenIn 2005, more than two million Americans—six out of every 1,000 people—filed for bankruptcy. Though personal bankruptcy rates have since stabilized, bankruptcy remains an important tool for the relief of financially distressed households. In Bankrupt in America, Mary and Brad Hansen offer a vital perspective on the history of bankruptcy in America, beginning with the first lasting federal bankruptcy law enacted in 1898. Interweaving careful legal history and rigorous economic analysis, Bankrupt in America is the first work to trace how bankruptcy was transformed from an intermittently used constitutional provision, to an indispensable tool for business, to a central element of the social safety net for ordinary Americans. To do this, the authors track federal bankruptcy law, as well as related state and federal laws, examining the interaction between changes in the laws and changes in how people in each state used the bankruptcy law. In this thorough investigation, Hansen and Hansen reach novel conclusions about the causes and consequences of bankruptcy, adding nuance to the discussion of the relationship between bankruptcy rates and economic performance.
Bankrupt in America: A History of Debtors, Their Creditors, and the Law in the Twentieth Century (Markets and Governments in Economic History)
by Mary Eschelbach Hansen Bradley A. HansenIn 2005, more than two million Americans—six out of every 1,000 people—filed for bankruptcy. Though personal bankruptcy rates have since stabilized, bankruptcy remains an important tool for the relief of financially distressed households. In Bankrupt in America, Mary and Brad Hansen offer a vital perspective on the history of bankruptcy in America, beginning with the first lasting federal bankruptcy law enacted in 1898. Interweaving careful legal history and rigorous economic analysis, Bankrupt in America is the first work to trace how bankruptcy was transformed from an intermittently used constitutional provision, to an indispensable tool for business, to a central element of the social safety net for ordinary Americans. To do this, the authors track federal bankruptcy law, as well as related state and federal laws, examining the interaction between changes in the laws and changes in how people in each state used the bankruptcy law. In this thorough investigation, Hansen and Hansen reach novel conclusions about the causes and consequences of bankruptcy, adding nuance to the discussion of the relationship between bankruptcy rates and economic performance.
Bankruptcy: Law and Practice (Elgar Corporate and Insolvency Law and Practice series)
by Alaric Watson Stephen BaisterBankruptcy: Law and Practice presents a comprehensive guide to the law of bankruptcy in England and Wales and how it is applied in practice, focusing on this key area of personal insolvency law in order to provide a full understanding of how these laws operate.Alaric Watson and Stephen Baister provide an up-to-date and in depth analysis of every aspect of bankruptcy law. In addition, this new work also examines the historical and socio-economic context in which this field of law operates and the policies that govern it, the impact of the death or incapacity of the debtor, the interrelationship between bankruptcy and both matrimonial law and employment law and various cross-border considerations.Key Features:Exploration of the jurisdictional and procedural requirements for initiating bankruptcy proceedings and their immediate effectsInsights into the role and powers of the Official Receiver and the trustee in bankruptcy, and the administration of the estate and the realisation of assetsInvestigation into the undoing of antecedent transactionsDiscussion of the processing of creditors’ claims and the distribution of dividends and how orders may be reviewed, appealed or annulledBankruptcy: Law and Practice is essential reading for lawyers, insolvency practitioners, academics and students concerned with issues relating to personal insolvency.
Bankrupts and Usurers of Imperial Russia: Debt, Property, And The Law In The Age Of Dostoevsky And Tolstoy (Harvard Historical Studies #187)
by Sergei AntonovAs readers of Russian literature know, the nineteenth century was a time of pervasive financial anxiety. Russians of all classes were enmeshed in networks of credit and debt, and borrowing and lending shaped perceptions of material and moral worth. Sergei Antonov recreates this imperial world of borrowers, bankrupts, lenders, and loan sharks.