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Financial Law


ISBN13: 9780199282937
Published: December 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £240.00



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The traditional financial market sectors of insurance, commercial banking, derivatives, capital markets and asset management are converging in practice, but their analysis is still largely sector-based. This book offers a cross-sectoral, functional approach. It highlights anomalies in the different legal treatment of the respective sectors (suggesting law reform to sum, and arbitrage opportunities to others) and identifies key trends.

This book offers an integrated approach to financial law which is both useful and timely, as the markets have been converging for over two decades. Functions traditionally performed in one sector are now undertaken in another, and financial techniques are emerging which combine characteristics of different traditional transaction types. Investment banks increasingly offer new structured products in a range of alternative legal "wrappers". Securitisation, particularly in association with credit derivatives, continues to be a dominant force, drawing ever more categories of business into the capital markets.

Innovations such as these have been associated with a high level of legal risk, and the cross-sectoral freedoms offered by deregulation have not been fully exploited. This book presents financial law as a discrete branch of law, to be considered in the round; it will therefore provide the practitioner, scholar or regulator with a complete, unfragmented view of the subject.

  • Clear and accessible work on complex and dynamic branches of financial law and practice to facilitate understanding of cross-sector issues
  • Comparative and functional approach enabling practitioners to draw cross-sector comparisons, manage legal risk and identify business development opportunities
  • Structured layout and extensive cross-referencing enhance the accessibility of the material and promote understanding
  • Based on cutting edge practice and academic analysis
  • Covers a full range of topics including asset management and insurance

Subjects:
Banking and Finance
Contents:
1. TERMS OF REFERENCE
2. Credit Risk
PART II: SIMPLE FINANCIAL POSITIONS
3. Overview
4. Transaction Types
5. Comparison of Simple Financial Positions
6. Trends
PART III: FUNDED POSITIONS
7. Overview
8. Options for Raising Capital
9. Managed Funds
10. Regulation of Funded Positions: 5 Points of Comparison
PART IV: NET POSITIONS
11. Overview
12. Set off and Netting
13. Title Transfer Collateral Arrangements
14. The Rise of Net Positions
PART V: ASSET BACKED POSITIONS
15. Overview
16. Property Rights
17. Security
18. Asset-backed Securities
19. Indirectly Held Securities
20. Financial Collateral
21. Trends
PART VI: MARKETS AND REGULATORY PROJECTS
22. Overview
23. Market forces in financial law and regulation
24. Judges, markets and consumers
25. The arm's length regulatory project
26. The fiduciary project
27. The consumerist project
28. Conclusions