The Law and Practice of International Banking / Edition 2

by Charles Proctor

Overview

Law and Practice of Modern Banking is a comprehensive and authoritative work on the law of banking, paying particular attention to the needs of legal practitioners in international finance centrers. This is the first major banking law text to publish for some years and it provides a fresh approach to banking law by taking into account recent major developments in the field. Such developments include the increasing growth of cross-border transactions and problems, the rise of electronic banking and payment systems, the appearance of Islamic finance on the world stage, and policy, practice and regulatory matters resulting from the banking crisis.

The work includes unique coverage of syndicated loans and security structures, as well as an explanation of the supervisory liability issues raised by the BCCI litigation. The coverage of the effects of the recent 'banking crisis' includes commentary on the Icelandic bank situations, deposit protection and government interests, derivative products and mis-selling claims, and discussion relating to recent legislation to facilitate mergers of financial institutions in the UK. The book also addresses difficult and uncertain areas of law including cross-border matters such as worldwide freezing injunctions, foreign disclosure orders and bankers' duty of confidentiality.

Reflecting the growth of interest in Islamic finance, there is a detailed section on this highly specialized but increasingly important area. There is consideration of regulatory developments at international level including discussion of legal issues arising from Basel II, such as credit risk mitigation. With a focus on English law, the work draws extensively on authorities Commonwealth jurisdictions for a comparative approach.

Product Details

ISBN-13:	9780199685585
Publisher:	Oxford University Press
Publication date:	05/05/2015
Edition description:	2nd Revised ed.
Pages:	1008
Product dimensions:	9.70(w) x 6.80(h) x 2.30(d)

About the Author

Charles Proctor is a partner at Bird & Bird with 25 years' experience in the banking and financial fields with various City Law firms, specializing in the field of banking and financial services. He is also an honorary professor in the School of Law, University of Birmingham and a Fellow of the Institute of Advanced Legal Studies in London.

Table of Contents

Part A: Regulatory Matters1. The Regulation of Deposit-Taking Business2. EU Banking Law3. The Conduct of Retail Banking and Investment4. The Regulation of Lending Business5. The Regulation of Payment Services6. Capital Adequacy, Liquidity and Large Exposures7. Money Laundering Legislation8. The Market RegulatorsPart B: Merger, Reorganisation and Insolvency of Banks9. UK Bank Mergers and Business Transfers10. Foreign Bank Mergers11. Bank Rescues and Financial Stability in the United Kingdom12. Cross-Border Reorganisation and Winding Up of Banks13. Deposit Protection Schemes14. The Liability of the RegulatorPart C: The Banker-Customer Relationship15. The Banker Customer Contract16. Cheques17. Duties of the Paying Bank18. Duties of the Collecting Bank19. Electronic Funds TransfersPart D: The Bank as Service Provider20. The Bank as a Lender21. Syndicated Loans22. Trading Loan Assets23. Swaps and Derivatives24. Bank Guarantees, Performance Bonds and Documentary Credits25. Sources of Bank LiabilityPart E: Guarantees and Security26. Guarantees27. Security - Characterisation, Formalities and Registration28. Types of Security29. Charges Over Shares and Other Securities30. Charges Over Receivables31. Charges Over Bank Balances32. Charges Over Real Estate33. Charges Over Aircraft34. Charges Over Ships35. Financial Collateral Arrangements36. Lien and Set-Off37. Vitiating Factors - "Financial Assistance" and Transactions with Directors38. Transactions between Companies and their Directors39. Avoidance of Security in InsolvencyPart F: Cross Border Issues40. Banks and the Eurozone Crisis41. The Banker-Customer Contract in Private Internatiobnal Law42. Cross-Border Financial Services, Consumer Protection and Unfair Contract Terms43. The Banker's Duty of Confidentiality44. Freezing Injunctions and International Banks45. Execution Proceedings and Foreign Deposits46. Liability for Branch Deposits and the Impact of Foreign Law47. Economic Sanctions48. Customer Obligations and Foreign LawPart G: Islamic Finance49. Islamic Finance - Principles and Structures50. Islamic Finance Transactions in the Courts51. Corporate and Regulatory Issues52. Harmonisation and the Development of the International Islamic Financial Markets