Download or read book MiFID II and Private Law written by Federico Della Negra and published by Bloomsbury Publishing. This book was released on 2019-07-11 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the global financial crisis, investors have suffered significant losses as a result of breaches of conduct of business rules in the distribution of financial instruments. MiFID II introduced new disclosure, distribution and product governance rules to strengthen the protection of investors but, like MiFID I, did not harmonise the civil law consequences for their violation. This book asks whether, in spite of the silence of the EU legislators, the MiFID II conduct of business rules may produce civil law effects, enabling investors to enforce them against investment firms before national courts and alternative dispute resolution (ADR) mechanisms. Building on the case law of the CJEU, the book shows the conditions under which the breach of MiFID II conduct of business rules should give rise to a private law remedy, and what remedies would be compatible with EU law. MiFID II and Private Law is an essential contribution to academic research in EU and financial law and will be a key text for policy-makers and legal practitioners working in the field of investor protection regulation and mis-selling litigation.
Download or read book The MiFID II Framework written by Mario Comana and published by Springer. This book was released on 2019-02-15 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed analysis of the main innovations and impacts associated with the package of European legislation comprising MiFID II and MiFIR, which constitutes a pillar of the EU’s “single rulebook” for financial regulation. Adopting a research-oriented approach, the authors also consider the practical consequences of the new legislation, to provide a clear description of the new rules and the ways in which they address concerns raised by the financial crisis, as well as an appraisal of the theoretical implications from an EU-wide perspective. The book also presents a comparative analysis of how the package is being implemented within the larger countries of the Eurozone and the United Kingdom, and evaluates the likely consequences for banks’ business models. This research book is a valuable resource for graduate and master’s level students as well as professionals and practitioners interested in understanding the European financial law and, in particular, the dynamics of the investment industry.
Download or read book MIFIDII written by Seb Malik and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equipped with this guide, with its comprehensive references and links to source texts, business analysts and project managers will stand tall, empowered to drive forward critical regulatory projects. Other MiFID II tracts are either too high level to be of any practical aid, or too detailed (aimed principally at the legal community) leaving the reader overwhelmed. That the changes required for MiFID II are not communicated in a single unified document is where this guide earns its keep. There are a plethora of directives, regulations, technical specifications and updates running into thousands of pages that must be read, digested, cross-referenced, organised and categorised in order to arrive at actionable issues. --
Download or read book Handbook Of Global Financial Markets Transformations Dependence And Risk Spillovers written by Sabri Boubaker and published by World Scientific. This book was released on 2019-06-27 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this handbook is to provide the readers with insights about current dynamics and future potential transformations of global financial markets. We intend to focus on four main areas: Dynamics of Financial Markets; Financial Uncertainty and Volatility; Market Linkages and Spillover Effects; and Extreme Events and Financial Transformations and address the following critical issues, but not limited to: market integration and its implications; crisis risk assessment and contagion effects; financial uncertainty and volatility; role of emerging financial markets in the global economy; role of complex dynamics of economic and financial systems; market linkages, asset valuation and risk management; exchange rate volatility and firm-level exposure; financial effects of economic, political and social risks; link between financial development and economic growth; country risks; and sovereign debt markets.
Download or read book Transparency in Insurance Regulation and Supervisory Law written by Pierpaolo Marano and published by Springer Nature. This book was released on 2021-03-30 with total page 617 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on transparency as the guiding principle for insurance regulation and supervisory law. All chapters were written by experts in their respective fields, who address transparency in a wide range of European and non-European jurisdictions. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. While the European jurisdictions reflect different facets of the principle as emerging from EU law on insurance, the principle has developed quite differently in other jurisdictions.
Download or read book A Bank s Duty of Care written by Danny Busch and published by Bloomsbury Publishing. This book was released on 2017-08-24 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, an increasing number of clients and third parties have filed claims against banks such as for mis-selling financial products, poor financial advice, insufficient disclosure of and warning about financial risks. The scope of a bank's duty of care seems to expand, not only to include protection of consumers against unclear risks of complicated products but also protection of professional parties against more obvious risks of relatively straightforward products. This topic raises many questions, both at a theoretical and practical level. This book provides a rich source of information about how various jurisdictions (Germany, Austria, France, Italy, Spain, the Netherlands, England and Wales, Ireland, and the United States of America) deal with these questions and how answers are found or embedded in their national legal systems. The book also contains a detailed chapter on the MiFID I and II conduct-of-business provisions. Finally, the book provides a thorough comparative analysis and perspective.
Download or read book European Financial Regulation written by Veerle Colaert and published by Bloomsbury Publishing. This book was released on 2019-12-26 with total page 587 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mirroring the long-established structure of the financial industry, EU financial regulation as we know it today approaches banking, insurance and investment services separately and often divergently. In recent decades however, the clear separation between financial sectors has gradually evaporated, as business lines have converged across sectors and FinTech solutions have emerged which do not fit traditional sector boundaries. As the contours of the traditional tripartition in the financial industry have faded, the diverging regulatory and supervisory treatment of these sectors has become increasingly at odds with economic reality. This book brings together insights developed by distinguished researchers and industry professionals in a series of articles analysing the main areas of EU financial regulation from a cross-sectoral perspective. For each specific research theme – including prudential regulation, corporate governance and conduct of business rules – the similarities, as well as gaps, overlaps and unjustifiable differences between banking, securities and insurance regulation, are clearly presented and discussed. This innovative research approach is aimed at informing lawmakers and policymakers on potential improvements to EU financial regulation whilst also supporting legal and compliance professionals applying the current framework or looking to streamline compliance processes.
Download or read book From Corporate Social Responsibility to Corporate Social Liability written by Anna Aseeva and published by Bloomsbury Publishing. This book was released on 2021-05-20 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical socio-legal study that brings together the latest scholarly advances on corporate social responsibility, and, at the same time, addresses the pressing issue of corporate liability for harmful acts across the supply and production chains. Corporations have seldom been held responsible and virtually never liable for the acts of their subsidiaries and subcontractors. Actors as different as workers, investors, individual consumers, and shareholder activists claim that corporations should accept greater responsibility for communities and environments affected by their activities. The book argues that a global value chain's head corporations remain immune to any liability because of the 'economically dependent-legally independent' relationships between core corporations and their periphery suppliers and subcontractors. To tackle this problem, globally, the author acknowledges that 'we' as a society need to reduce the economic dependence as described above – which is far too excessive – by ensuring a level playing field both economically and socially. More concretely, she argues that in order to realise transnational corporate liability, 'we' as lawyers need to find a way (or ways) to establish legally effective relationships between head corporations and their economically dependent entities. Readers of this book will be able to export the concept of corporate social liability, developed in the context of value chains, and apply it to other contexts involving corporate activities where they need to tackle unrestrained corporate freedom and make global businesses responsible and socially useful.
Download or read book Regulation on European Crowdfunding Service Providers for Business written by Eugenia Macchiavello and published by Edward Elgar Publishing. This book was released on 2022-12-13 with total page 929 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative Commentary boasts contributions from internationally renowned experts with extensive and diverse backgrounds, providing a comprehensive, critical, article-by-article and thematic analysis of the EU Regulation No 1503/2020 on European Crowdfunding Service Providers for Business (ECSPR). Chapters analyse Member States’ adaptation of their legal frameworks to the ECSPR, underlying similarities, divergences, additional problematic issues and residual regulatory fragmentation.
Download or read book Alternative Acquisition Models and Financial Innovation written by Daniele D'Alvia and published by Taylor & Francis. This book was released on 2023-10-11 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book written in English on special purpose acquisition companies (SPACs) in the context of European and Italian financial law, introducing the topic with a general overview on the European stage. It is also the first book on European financial regulations of SPACs. As such, it is a groundbreaking reference text for SPAC studies at the international level. Alternative Acquisition Models and Financial Innovation: Special Purpose Acquisition Companies in Europe, and the Italian Legal Framework offers the most comprehensive overview of the current international financial regulations of SPACs in the EU and UK compared to the main legal system where SPACs originated—the US. This edited book is focused on finding a European legal framework for SPACs by discovering whether the Alternative Investment Fund Managers Directive (AIFMD) or the Undertakings for the Collective Investment in Transferable Securities Directive (UCITS) are applicable to them and why, as well as identifying the objectives of financial regulation of SPACs in the EU, US and UK. Essentially, the edited collection explores soft law and self-regulation instances against the state-based Westphalian approaches centred on hard law instances; describes practical examples of SPACs in Italy and Europe; and analyses the limits and perspectives of such investment vehicles on the Italian capital market as well as their possible uses as forms of shadow banking and venture companies at international levels.
Download or read book General Reports of the XXth General Congress of the International Academy of Comparative Law Rapports g n raux du XX me Congr s g n ral de l Acad mie internationale de droit compar written by Katharina Boele-Woelki and published by Springer Nature. This book was released on 2020-12-17 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores convergences of legal doctrine despite jurisdictional, cultural and political barriers, as well as divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading experts from all continents, its 26 chapters present a comparative analysis of cutting-edge legal issues of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. Several of the chapters show how, in addition to state normative production and state adjudication, a growing panoply of non-state instruments and non-state adjudication are becoming more and more central to the legal field. This book is a key addition to the library of any scholar wanting to keep abreast of the major trends in contemporary law. Representing the current state of law in a vast range of areas, it covers each topic from a comparative perspective. Cet ouvrage, en examinant des sujets d'une importance vitale pour les juristes contemporains, traite des convergences de la doctrine juridique malgré les barrières juridictionnelles, culturelles et politiques ainsi que des divergences dues à ces barrières. Écrits par d'éminents universitaires de tous les continents, ses 26 chapitres présentent une analyse comparative de sujets juridiques majeurs du 21e siècle. Dans un monde technologiquement avancé, bien que chaque pays analysé dans cet ouvrage demeure autonome en tant qu'État souverain, l’ensemble des systèmes disparates présente néanmoins des stratégies comparables pour traiter des questions juridiques complexes. En outre, plusieurs chapitres montrent comment, en plus de la production normative et de la résolution des différends étatiques, la panoplie croissante de différents types d'instruments non étatiques et de résolution non étatique des différends devient de plus en plus centrale dans la sphère juridique. Cet ouvrage est un ajout essentiel à la bibliothèque de tout universitaire souhaitant se tenir au courant des principales tendances du droit contemporain. Il couvre un vaste domaine de sujets traités d'un point de vue comparatif et représente l'état actuel du droit dans chaque domaine.
Download or read book Legal Aspects of Crowdfunding written by Caroline Kleiner and published by Springer Nature. This book was released on 2021-11-05 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book European Capital Markets Law written by Rüdiger Veil and published by Bloomsbury Publishing. This book was released on 2022-03-24 with total page 787 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The richness, clarity and nuances of the structure and methodology followed by the contributors make the book a very valuable tool for students... seeking to obtain a general understanding of the market and how it is regulated.” – Ligia Catherine Arias Barrera, Banking & Finance Law Review The fully updated edition of this user-friendly textbook continues to systematise the European law governing capital markets and examines the underlying concepts from a broadly interdisciplinary perspective. The 3rd edition deals with 3 central developments: the project of the capital markets union; sustainable finance; and the further digitalisation of financial instruments and securities markets. The 1st chapter deals with the foundations of capital markets law in Europe, the 2nd explains the basics, and the 3rd examines the regime on market abuse. Chapter 4 explores the disclosure system and chapter 5 short-selling and high-frequency trading. The role of intermediaries, such as financial analysts, rating agencies, and proxy advisers, is described in chapter 6. Chapter 7 explains compliance and corporate governance in investment firms and chapter 8 illustrates the regulation of benchmarks. Finally, chapter 9 deals with public takeovers. Throughout the book emphasis is placed on legal practice, and frequent reference is made to the key decisions of supervisory authorities and courts. This is essential reading for students involved in the study of capital markets law and financial law.
Download or read book Transaction Banking and the Impact of Regulatory Change written by R. Wandhöfer and published by Springer. This book was released on 2015-12-17 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes you on a journey through post-crisis regulatory reform, highlighting the unintended consequences of some of the measures on transaction banking, a business that provides the backbone of financial markets.
Download or read book Corporate Social Responsibility in Times of Geopolitical Uncertainty written by Mariia Domina and published by Ethics International Press. This book was released on 2024-08-30 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book discusses the evolving nature of corporate social responsibility in times of geopolitical uncertainty. This uncertainty is prompted by geopolitical risks faced by modern companies, such as the COVID-19 pandemic and climate change, as well as social and economic consequences of wars in Ukraine and elsewhere. Such geopolitical risks undeniably raise questions as to what the new “ethical” norm of corporate conduct should be. This book strives to evaluate the effectiveness of European legal approach regarding the conduct of commercial companies in the times of geopolitical uncertainty. Amongst jurisdictions considered in the book, a particular attention is paid to France. It is one of the leading European countries when it comes to the regulation of corporate conduct vis-à-vis the interests of a large group of stakeholders. As a case study to assess the effectiveness of European legal approach, the book looks at the geopolitical risks provoked by the war in Ukraine. This unique and timely study fills a void in this important area of research by exploring key arguments related to what corporate conduct is, or should be considered as “ethical” in times of geopolitical uncertainty.
Download or read book High Frequency Trading and Dark Pools The Complexity of Financial Markets written by William Troyaux and published by Publishroom. This book was released on 2023-07-04 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: You will find in this book exclusive interviews of renowned specialists about market microstructure and high-frequency trading strategies on lit markets and Dark Pools. This book was developed following extensive research to democratize as many aspects as possible on US and European market microstructure, high-frequency trading strategies and Dark Pools. Today, financial markets have become extremely complex. Market automation and new regulations have encouraged the emergence of new market players: high-frequency traders. These new players hold intraday positions. They deploy their specific orders and arbitrage strategies across multiple markets at close to the speed of light to get the best prices and to trade ahead of other market participants. Dark Pools, whose operations are also difficult to understand for most professionals, have been created, adding complexity to financial markets. Dark Pools seems a little bit scary. However, we will see that Dark Pools are advantageous in terms of price compared to regulated markets. “Fantastic job explaining some tough to understand topics.” – Joe Saluzzi, Partner and co-founder of Themis Trading and co-author of the book Broken Markets. William’s message: “High-frequency trading is a small world that is difficult to access. I have spent a large part of this last year writing this book, taking into account the interviews I have been able to carry out in order to democratize as many aspects as possible. Many thanks to Joe Saluzzi, Alexandre Laumonier, Dave Lauer, Benoît Lallemand, Jean-Philippe Bouchaud and Donald MacKenzie. This book will help you to better understand the winning strategies of high-frequency trading firms.”
