Legal aspects of banking regulation: Common law perspectives from Zambiaby Kenneth K Mwenda2010ISBN: 978-0-9814420-7-5Pages: 330Print version: AvailableElectronic version: Free PDF available.

That different types of financial services and products continue to spring up in the financial sector of many countries is indicative of the changing landscape of the financial services industry globally. Equally important, as indicators of the evolving trajectory of financial services regulation, are increases in the number of countries where universal banking is practiced and in numbers of parent and subsidiary companies providing different types of financial services and products. This book is written against that background. A central thesis pursued in the book is that until there is a longer track record of experience with unified regulators, it is difficult to come to firm conclusions about the restructuring process of regulators, and the optimal internal structure of such agencies. In addition, the book examines the concept of an independent regulator, showing how this concept, as a corollary to the concept of a unified regulator, could strengthen the regulatory and institutional framework for financial services supervision if accountability were to be part of such a framework.

This book analyzes and compares the laws of selected industrial countries that are representative of the different approaches to the treatment of banks in distress. It addresses only those banking and economic policy issues that are required for a proper understanding of the banking law or the legal strategies, procedures, and practices that have evolved in the treatment of banking problems. The book does not cover international aspects of bank insolvency, but rather has a domestic focus, given that bank regulation and supervision are still largely a national endeavor.

This paper explores the intersection of climate change policies with banking supervisory law. Statutory mandates define banking supervisory agencies’ objectives, functions and powers. Policies that aim to address climate change risks appear fully germane to banking supervisors’ main objective of safety and soundness. As such, banking supervisory agencies have a duty to address climate risks in light of their mandate. A mandate that is not anchored on safety and soundness in light of best practice would blur the accountability of banking supervisory agencies and undermine their legitimacy also with respect to climate. While legal changes can help provide greater legal certaintly, particularly given the long-term perspective of climate change, bank supervisory agencies can take action without fundamental reforms of their legal framework. Accordingly, they have set expectations or requirements for banks to incorporate climate into their strategy and business model, risk management, and governance. A combination of legal instruments—based on soft law and hard law—helps to achieve this objective. Notwithstanding implementation challenges, taxonomies and disclosures remain important tools, and banking supervisors should assess their role in the development of such tools in light of their mandate. The key responsibility to address climate risks rests on banks, and corporate governance frameworks could assist.

Dalvinder Singh provides an interdisciplinary analysis of the legal aspects of prudential supervision of financial bank conglomerates. This gives the reader a broader understanding of the core processes of banking supervision. By using the UK as a case study, a comparative approach is made with other countries such as the US.

Trade finance is of great importance in the commercial world, for both students (undergraduate and postgraduate) and practitioners. The choice of countries in export trade is often perception-based: trade with government departments or public institutions is seen as much safer than with private entities and the choice of countries is often based on that perception of risk. This book: addresses issues and topics which are relevant to all jurisdictions in the world explains the various types of trade finance, how they may be raised and the legal issues pertaining to them Value for those wanting to understand the legal issues of sources of trade finance in both the developed and developing countries, this book will interest students studying the interaction between law and commerce.

2009 Edition - Legal Aspects of Doing Business in the Middle East 2009, with nearly 400 pages, provides a survey of the requirements for doing business and investing in the Middle East. The reports are prepared by local business practitioners and offer practical insights into issues relating to selection of form for doing business, incentives, taxation, labor and employment, liabilities, and dispute resolution. The publication is replaced by an updated volume annually. Purchase of print version includes 24/7 online access. A 10% discount applies to a subscription for next year's update. A 25% discount applies to a subscription for three years of updates. Discounts are applied after purchase by rebate from publisher.

This volume, edited by Robert C. Effros, surveys developments at international financial institutions, regional developments affecting central banks, the progress of the European Union countries toward monetary union and a unified banking market, the effect of the General Agreement on Tariffs and Trade and the World Trade Organization on banking services, and the implications of the North American Free Trade Agreement for central banks. Other topics discussed include banking regulation and reform in the United States, the United Kingdom, Canada, countries of the former Soviet Union, and China; banking supervision; the role of deposit insurance; bankruptcy policy; derivatives; securitization; payments systems; securities transfers; and capital standards for market risk. Appendices reproduce relevant legal documentation.

Volume I, 2009 Edition: Argentina-Costa Rica. "Legal Aspects of Doing Business in Latin America", a two-volume set with 800 pages, provides a survey of the requirements for doing business and investing in the Latin America region. Purchase includes 24/7 online access. The reports are prepared by local business practitioners and offer practical insights into issues relating to selection of form for doing business, incentives, taxation, labor and employment, liabilities, and dispute resolution. Order volume II to complete the set. The publication is replaced by an updated volume annually. A 10% discount applies to a subscription for next year's update. A 25% discount applies to a subscription for three years of updates. Discounts are applied after purchase by rebate from publisher.

This book offers a comparative perspective on 18 countries’ legal regulation of crowdfunding. In the wake of the financial crises of 2008, use of this alternative financing method has increased substantially, in various forms. Whereas some states have adopted tailor-made regimes in order to regulate but also encourage this way of financing projects, allowing loans to be made by non-banking institutions, others still haven’t specifically addressed the subject. An analysis of these diverse legislative stances offers readers a range of legal solutions for managing crowdfunding activities with regard to e.g. protecting investors, imposing limits on project owners, and finally the role and duties of intermediaries, i.e., companies operating crowdfunding platforms. In addition, the content presented here provides a legal basis for states and supranational organizations interested in regulating this phenomenon to achieve more legal certainty.