This book looks at the UK banking in the context of general legal doctrines and banking regulation. It draws on Australian, US and Canadian examples and deals with the impact of the recent global financial crisis.

This new edition sets banking law clearly against the background of general legal doctrines and discusses its operation in the context of its wider economic function. Although focusing on English law, considerable use is made of illuminating US, Canadian, and Australian examples as well. Part One examines the different types of banks and banking organizations operating in the United Kingdom and reviews the new regulatory regime for banking under the Financial Services and Markets Act 2000. Part Two analyses the banker and customer relationship, explaining the different types of accounts available, the duties and trustee liability of banks, and the latest processes used in the clearance of cheques and money transfers. Part Three then discusses issues relating to overdrafts, bank loans, credit agreements, securities, and mortgages. Fully updated and revised to take into account the considerable changes in banking law, regulation, and practice that have taken place in recent years, this edition contains substantial new material on the new regulatory regime, electronic banking and the implications of electronic money transfers, lender liability (including liability for environmental damage), recovery of mistaken payments, syndicated lending, and on tracing and banker liability as constructive trustee.

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.

Seminar paper from the year 2015 in the subject Business economics - Investment and Finance, grade: 60.00, School of Oriental and African Studies, University of London (CEFIMS), course: Finanicial Law, language: English, abstract: Living in an uncertain economy with financial instability, makes it harder to bring about secure financial transactions. Indeed, the availability of information regarding the borrower to the lender has been seen as asymmetrical and led to some problems associated with credit risk. Hence the need for security for the lender. In this case, floating charge in particular is an English innovation in security that very well serves both borrower’s and lender’s objectives.

This third edition of the Principles of Banking Law provides an authoritative treatment of both domestic and international banking law. This edition contains expanded coverage of developments in other comparable jurisdictions, internet banking services and money laundering.

An insight into bank secrecy in major jurisdictions, complemented by chapters on privacy, data protection, conflict of laws and exchange of information.

Over the last ten years mobile payment systems have revolutionised banking in some countries in Africa. In Kenya the introduction of M-Pesa, a new financial services model, has transformed the banking and financial services industry. Giving the unbanked majority access to the financial services market it has attracted over 18 million subscribers which is remarkable given that fewer than 4 million people in Kenya have bank accounts. This book addresses the legal and regulatory issues arising out of the introduction of M-Pesa in Kenya and its drive towards financial inclusion. It considers the interaction between regulation and technological innovation with a particular focus on the regulatory tools, institutional arrangements and government decisional processes through the examination as a whole of its regulatory capacity. This is done with a view to understanding the regulatory capacity of Kenya in addressing the vulnerabilities presented by technological innovation in the financial industry for consumers after financial inclusion. It also examines the way that mobile payments have been regulated by criticising the piecemeal approach that the Central Bank of Kenya has taken in addressing the legal and regulatory issues presented by mobile payments. The book argues there are significant gaps in the regulatory regime of mobile banking in Kenya.

Innovative textbook that examines core principles of commercial law and the social and political context in which they develop.