Download or read book How to Protect Investors written by Niamh Moloney and published by Cambridge University Press. This book was released on 2010-01-21 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical, comparative and contextual examination of how to protect retail or household investors which considers the financial crisis's implications.

Download or read book Distribution of Insurance Based Investment Products written by Pierpaolo Marano and published by Springer. This book was released on 2019-03-27 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book addresses a topic at the intersection of two heavily regulated sectors: insurance and investment services. Until recently, scholars and professionals have approached insurance and investment services as two separate categories in the financial services sector, and as being governed by separate regulatory frameworks. In practice, however, the boundaries were and are blurred, a reality that regulators have begun to recognize and address in their more recent regulatory texts. The first part of the book approaches the new standards applicable to investment products based on insurance: insurance-based investment products (IBIPs). These rules are harmonized across the EU. The rationale behind this new definition is provided, together with a description of these products’ limitations. The analysis addresses the new rules and explores the legal regime and relevant standards applicable to IBIPs. The organizational rules concerning the design and distribution of IBIPs are also examined, and the book highlights e.g. how these rules are inspired by the principles of conduct. In closing, the ADR systems are analysed, in order to ascertain whether or not they can offer an effective tool for settling disputes over these products. In turn, the second part focuses on the liability for distribution of IBIPs, which ranks as one of the most conspicuous and relatively new legal phenomena, but at the same time, represents an exceptionally important field of civil liability in today’s world. Liability is still regulated at the national level. Thus, the four largest life insurance markets in the EU are considered, along with the largest emerging market for life insurance. The chapters on national laws also consider whether, and if so, how the new harmonized rules on IBIPs are being combined with those already in force in the jurisdictions considered. The goal is to determine whether the new rules are likely to change the doctrine and case law approach to these products, or whether the European legislators’ choices have no real impact on the protection of clients.

Download or read book Insurance Distribution Directive written by Pierpaolo Marano and published by Springer Nature. This book was released on 2021 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD). The IDD came into force on 1 October 2018 and regulates the distribution of insurance products in the EU. The book examines the main changes accompanying the IDD and analyses its impact on insurance distributors, i.e., insurance intermediaries and insurance undertakings, as well as the market. Drawing on interrelations between the rules of the Directive and other fields that are relevant to the distribution of insurance products, it explores various topics related to the interpretation of the IDD - e.g. the harmonization achieved under it; its role as a benchmark for national legislators; and its interplay with other regulations and sciences - while also providing an empirical analysis of the standardised pre-contractual information document. Accordingly, the book offers a wealth of valuable insights for academics, regulators, practitioners and students who are interested in issues concerning insurance distribution.--

Download or read book Houseman s Law of Life Assurance written by Robert Surridge and published by Bloomsbury Publishing. This book was released on 2016-11-11 with total page 821 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unique in its depth of coverage and currency, Houseman's Law of Life Assurance has established a well-deserved reputation as an authoritative practitioner work on life assurance and is renowned for its practical insight into the workings of the industry. In addition to being fully updated to take account of new legislation and case law the new 15th edition also covers developments including: Significant structural changes to the UK regulatory framework since the 14th edition and in particular the creation of the Prudential Regulation Authority (PRA) and the Financial Conduct Authority each with their own different statutory objectives; Creation of the PRA and the introduction of a new rulebook with a different structure for conveying regulatory guidance; Implementation of the Solvency II Directive which has made fundamental changes to the way insurers calculate their capital, invest their assets and govern their businesses; Changes to insurance law on misrepresentation and warranties and the new duty on consumers to take reasonable care not to make a misrepresentation and on non-consumers to make a fair presentation of the risk; New e-commerce chapter to reflect the growing importance of this distribution channel for life insurance products; Anticipated changes to the regime applicable to insurance distribution because of the Insurance Distribution Directive and rules relating to packaged insurance investment contracts, including the impact on remuneration of intermediaries; Changes to the UK compensation scheme for insurance policyholders.

Download or read book The Regulation of Consumer Credit written by Sarah Brown and published by Edward Elgar Publishing. This book was released on 2019 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive book gives a comprehensive overview of the regulation of consumer credit in both the US and the UK. It covers policy, procedure and the dynamics of the consumer credit relationship to advocate for a balanced approach in achieving more effective consumer protection.

Download or read book Retail distribution review written by Great Britain: Parliament: House of Commons: Treasury Committee and published by The Stationery Office. This book was released on 2011-07-16 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this report the Treasury Committee calls on the Financial Services Agency (FSA) to delay implementing new rules on the provision of financial advice for 12 months to allow advisers more time to comply. The Committee backed plans to ban commission on advised sales and impose higher professional standards on independent financial advisers, subject to flexibility on a case-by-case basis, but were concerned that a substantial exodus of experienced advisers from the market could harm consumer choice. The FSA's Retail Distribution Review (RDR) is a major reform of the regulation of retail investment advice and is due to come into force on 1 January 2013. It will require advisors to have qualifications equivalent to a Certificate in Higher Education and remove the system of commission paid to advisors and replace it with Consumer Agreed Remuneration. The committee believes a delay of 12 months in the implementation of the RDR will reduce the number of Independent Financial Advisors leaving the market - thus maintaining choice and competition for consumers. The MPs also call on the FSA to provide some flexibility for advisers on a case by case basis. The FSA is to be replaced by the proposed Financial Conduct Authority (FCA). This Treasury Committee believes that this provides an opportunity to examine the accountability mechanisms that will apply under the new system of financial regulation and will instigate an inquiry on this in due course

Download or read book Insurance Law written by John Lowry and published by Bloomsbury Publishing. This book was released on 2011-09-01 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of Insurance Law: Doctrines and Principles follows the widely acclaimed first and second editions. It provides a detailed examination of the developing law of insurance, combining exposition of the law with critical analysis. The book is designed with the needs of undergraduate and postgraduate students in mind. The text is enhanced by extensive citations to case law and academic commentaries, making the book ideal for students, scholars and practitioners alike. This new edition reflects the many changes that have occurred in the law of insurance since the second edition was published in 2005. The book is divided into two parts. Part I considers the regulation of insurance business and the general principles underlying the law of insurance contracts. Part II examines the way in which these principles are shaped by the particular insurance context in which they operate. The book is readable and authoritative, with a sound grasp of the realities of insurance practice; it is well sourced and generous with supplementary points. 'Lowry & Rawlings is a welcome addition to the ranks of insurance law textbooks and a serious contender for the student readership in this field.' Nicholas Legh-Jones QC, Lloyds Maritime Commercial Law Quarterly 'I recommend the book for undergraduate use, and as a starting point for postgraduate use. The book is well written and full of clear explanations of a difficult field of the law.' Neil Campbell, Law Quarterly Review '...can be warmly recommended for purchase or use by lecturers and students in the subject.' Dennis Dowding, The Law Teacher '...a very useful text on insurance law ... an eminently readable, good and critical book. It is clearly of the highest calibre.' Reuben Hasson, Canadian Business Law Journal

Download or read book Research Handbook on International Insurance Law and Regulation written by Julian Burling and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 933 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thoroughly revised second edition of the Research Handbook on International Insurance Law and Regulation provides an updated assessment of the insurance industry in an international context, featuring 30 chapters, of which half are new for this edition, written by expert academics and practising lawyers.

Download or read book AI Fairness and Beyond written by Chris Reed and published by Bloomsbury Publishing. This book was released on 2024-08-08 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a regulatory system for ensuring that AI makes fair decisions. No one wants to be the subject of an unfair decision made by an AI, and fairness is so important to society that we are likely to want to regulate to demand it. But how? This book attempts to answer that question. The aim of regulation must be for an AI's decisions to match the human conception of fairness. To understand what that is, the book proposes a holistic understanding of fairness, which tells us what regulation must try to achieve. However, regulation is not an abstract activity – it regulates how humans behave, and the humans in question are those who develop and use AI for decision-making. Thus the book investigates how those humans are attempting to achieve AI fairness. It finds that there is a serious mismatch between how technologists conceptualise fairness, compared to other humans. How can AI regulation bridge this gap? Traditional models of regulation cannot solve this problem. Fairness is too nuanced, too contextual, and is ultimately a human emotional response. Instead the book proposes to place the responsibility on the AI community to explain and justify their efforts to achieve fairness, basing regulatory and legal responses on how well that explanation deals with the risks that particular AI presents, and whether the AI operates in accordance with the explanation in use. The book concludes by examining how far this regulatory model might be useful for some of the other social problems which AI generates. An original and significant contribution to the literature on AI regulation, this book is a must-read for those working in the areas of law, regulation, and technology.

Download or read book Reforming Corporate Retail Investor Protection written by Diane Bugeja and published by Bloomsbury Publishing. This book was released on 2019-12-12 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The spate of mis-selling episodes that have plagued the financial services industries in recent years has caused widespread detriment to investors. Notwithstanding numerous regulatory interventions, curtailing the incidence of poor investment advice remains a challenge for regulators, particularly because these measures are taken in a 'fire-fighting' fashion without adequate consideration being given to the root causes of mis-selling. Against this backdrop, this book focuses on the sale of complex investment products to corporate retail investors by drawing upon the widespread mis-selling of interest rate hedging products (IRHP) in the UK and beyond. It brings to the fore the relatively understudied field concerning the different degrees of investor protection mechanisms applicable to individual retail investors – as opposed to corporate retail investors – by taking stock of past regulatory reforms and forthcoming regulatory initiatives as well as, more importantly, the conclusions reached by the judiciary in IRHP mis-selling claims. The conclusions are particularly interesting: corporate retail investors are in a vulnerable position when compared to individual retail investors. The former are exposed to a heightened risk of mis-selling, meaning that regulatory intervention should be targeted accordingly. The recommendations made as a result of these findings are further supported by insights emerging from behavioural law and economic theories. This book is aimed at researchers, lawyers and students with an interest in the financial regulation field who are keen to explore potential regulatory reforms to the investment services regime that address the root causes of mis-selling, and restore a level playing field amongst all retail investors.

Download or read book Law and Corporate Behaviour written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2015-10-22 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the theories and practice of how to control corporate behaviour through legal techniques. The principal theories examined are deterrence, economic rational acting, responsive regulation, and the findings of behavioural psychology. Leading examples of the various approaches are given in order to illustrate the models: private enforcement of law through litigation in the USA, public enforcement of competition law by the European Commission, and the recent reform of policies on public enforcement of regulatory law in the United Kingdom. Noting that behavioural psychology has as yet had only limited application in legal and regulatory theory, the book then analyses various European regulatory structures where behavioural techniques can be seen or could be applied. Sectors examined include financial services, civil aviation, pharmaceuticals, and workplace health & safety. Key findings are that 'enforcement' has to focus on identifying the causes of non-compliance, so as to be able to support improved performance, rather than be based on fear motivating complete compliance. Systems in which reporting is essential for safety only function with a no-blame culture. The book concludes by proposing an holistic model for maximising compliance within large organisations, combining public regulatory and criminal controls with internal corporate systems and external influences by stakeholders, held together by a unified core of ethical principles. Hence, the book proposes a new theory of ethical regulation. This title is included in Bloomsbury Professional's International Arbitration online service.

Download or read book Unconscionability in European Private Financial Transactions written by Mel Kenny and published by Cambridge University Press. This book was released on 2010-06-24 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Given the unprecedented recent turmoil on financial markets we now face radically challenged, 'post-Lehmann' assumptions on protecting the vulnerable in financial transactions. This collection of essays explores conceptions of, and responses to, unconscionability and similar notions across Europe with specific reference to financial transactions. It presents a detailed analysis of concepts of unconscionability in Europe against a backdrop of Commission initiatives aimed, variously, at securing a single market in financial services, producing greater coherence in EC consumer protection law and consolidating European private law. This analysis illustrates, for example, that concepts of unconscionability depend on context and can be shaped by a variety of factors. It also illustrates that jurisdictions may choose to respond to questions of unconscionability through a variety of legal instruments located in different branches of the law rather than through a single doctrine. Thus this collection illuminates many of the obstacles facing harmonisation in this area.

Download or read book Principles of Banking Law written by Ross Cranston and published by Oxford University Press. This book was released on 2018 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Commercial Law written by Nicholas Ryder and published by Cambridge University Press. This book was released on 2012-06-14 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative textbook examines commercial law and the social and political context in which it develops. Topical examples, such as funding for terrorism, demonstrate this fast-moving field's relevance to today's concerns. This wide-ranging subject is set within a clear structure, with part and chapter introductions setting out the student's course of study. Recommendations for further reading at the end of every chapter point the reader to important sources for advanced study and revision questions encourage understanding. The extensive coverage and detailed commentary has been extensively market tested to ensure that the contents are aligned with the needs of university courses in commercial law.

Download or read book The Regulatory Aftermath of the Global Financial Crisis written by Eilís Ferran and published by Cambridge University Press. This book was released on 2012-11-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU and the US responded to the global financial crisis by changing the rules for the functioning of financial services and markets and by establishing new oversight bodies. With the US Dodd–Frank Act and numerous EU regulations and directives now in place, this book provides a timely and thoughtful explanation of the key elements of the new regimes in both regions, of the political processes which shaped their content and of their practical impact. Insights from areas such as economics, political science and financial history elucidate the significance of the reforms. Australia's resilience during the financial crisis, which contrasted sharply with the severe problems that were experienced in the EU and the US, is also examined. The comparison between the performances of these major economies in a period of such extreme stress tells us much about the complex regulatory and economic ecosystems of which financial markets are a part.

Download or read book Lowry Rawlings and Merkin s Insurance Law written by Rob Merkin QC and published by Bloomsbury Publishing. This book was released on 2022-09-22 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 4th edition of this leading introductory text – now under the sole authorship of Rob Merkin QC – provides a detailed examination of the developing law of insurance, combining exposition of the law with critical analysis. The book is designed primarily for undergraduate and postgraduate students, but is also a useful resource for those in the insurance industry studying for professional examinations and legal practitioners who need a concise guide to the legal principles. The text is enhanced by extensive citations to case law and academic commentaries; and a new companion website delivers annual case law updates. This new edition has been substantially rewritten in light of the transformation of insurance law in recent years. The text has been revised to include new legislation and coverage of the effects of Brexit. However, the approach and - where possible - the analysis of John Lowry and Philip Rawlings have been retained. The first part of the book considers the regulation of insurance business and the general principles underlying the law of insurance contracts. The second part examines the way those principles are shaped by the context in which they operate. A new chapter with case studies on COVID-19, earthquakes, and mesothelioma applies the principles to the problems and uncertainties for insurance law revealed by catastrophic losses. This authoritative text offers a sound grasp of the current realities of insurance practice.

Download or read book United Kingdom Financial Sector Assessment Program Detailed Assessment of Observance of Insurance Core Principles Issued by the International Association of Insurance Supervisors written by International Monetary and published by International Monetary Fund. This book was released on 2022-04-08 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The regulatory framework for insurance supervision in the United Kingdom is sophisticated and the authorities are leaders in supervisory techniques. Observance with the Insurance Core Principles (ICPs) is very high compared to peers with 17 ICPs observed and only 6 out of 24 ICPs determined to be largely observed and 1 partly observed.