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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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The Law of Global Custody: Legal Risk Management in Securities Investment and Collateral 4th ed

ISBN13: 9781847668776
Previous Edition ISBN: 9781847661425
Published: January 2013
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Hardback
Price: £245.00

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The Law of Global Custody provides both an introduction to, and a detailed analysis of, the law relating to global custody for all those wishing to review and manage legal risk in the field of global custody and related areas such as escrow services, cross border securities collateral and the post trade infrastructure. With this excellent book you will gain a better understanding of the implications of acting as, or holding assets with, a custodian.

It will help you to be more efficient when:-

  • Providing or using custody services
  • Drafting and negotiating custody terms
  • Creating or analysing any structures involving a custody element
This new third edition has been fully updated to take account of the significant legislative changes and developments that have taken place since the last edition, including:-

  • An explanation of UK regulatory context updated to reflect changes in the FSA rules, particularly as a result of the implementation of MiFID in the UK
  • The discussion of the Financial Collateral Directive now contains particular reference to the implementation of the Directive in the UK and relevant issues arising
  • The summary of the operation of the CREST system (Euroclear UK & Ireland) has been considerably revised and updated
  • International developments, including the draft UNIDROIT Convention on Substantive Rules regarding Intermediated Securities, and the EU Commission's Code of Conduct for Clearing and Settlement
  • Up-to-date references to relevant case law and other source materials
  • Updated tax chapter to reflect the implementation and proposed reform of the EU Savings Directive, recasting of relevant legislation as a result of the tax law rewrite project, and detailed amendments to relevant rules made by successive Finance Acts Carefully structured and clearly written, with annotations and helpful guidance throughout, this book offers an accessible and authoritative account of this complex area of law.

Banking and Finance
Chapter 1 Introduction
Chapter 2 Securities in the electronic environment – how transfers occur
Chapter 3 Custodian as trustee – The custody relationship in the electronic environment
Chapter 4 The use of the custody portfolio as collateral
Chapter 5 Cross-border questions
Chapter 6 The global custodian's duties
Chapter 7 Regulatory duties
Chapter 8 Overview of post-trade infrastructure
Chapter 9 UK settlement systems
Chapter 10 UK taxation
Chapter 11 Conclusions.