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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Liability of Asset Managers

Edited by: Danny Busch, Deborah A. DeMott

ISBN13: 9780199608737
Published: March 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £275.00

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Given the international nature of the asset management industry, lawyers representing investors, asset managers, and regulators are often confronted with asset management agreements governed by foreign law.

This book provides the necessary points of law and practice in the leading jurisdictions allowing lawyers to identify the main pitfalls concerning the foreign law in question.

This book is the only comparative analysis of the law of asset manager liability in the major European jurisdictions, the United States, and Canada, each written by specialists from the relevant jurisdiction. This is a much-needed guide on the disparate regulation of asset manager liability in these countries highlighting the absence of uniformity in this area of law despite the implementation of MiFID in Europe.

The section on European law provides an overview of the regulation in this field regionally and provides the context in which the national chapters explore the regulation at country level. The comparative evaluation at the end of the book provides a thoughtful assessment of the impact of regulatory frameworks on asset managers private law duties and liabilities. The Introduction situates the country-by-country material within the broader context of questions about regulatory design and effectiveness.

Banking and Finance
I: Introduction
1: Busch and DeMott: Introduction
2: Grundmann-van de Krol: The Markets in Financial Instruments Directive and Asset Management
III: Civil Law Legal Systems
3: Couret, Goutay and Zabala: France
4: Casper and Altgen: Germany
5: Giudici and Bet: Italy
6: Riassetto and Richard: Luxembourg
7: Busch and Silverentand: The Netherlands
8: Kawecki: Poland
9: Ruiz Bachs and Diaz Ruiz: Spain
10: Thévenoz and Bretton-Chevalier: Switzerland
IV: Common Law Legal Systems
11: Bates and Clarke: Ireland
12: Van Setten and Plews: England and Wales
13: DeMott and Laby: United States
V: Mixed Legal Systems
14: Cabrelli: Scotland
15: Hughes and Jordan: Canada
VI: Conclusions
16: Busch and DeMott: Comparative Analysis of the Jurisdictions;