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Vol 21 No 8 Aug/Sept 2016

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Cover of Colinvaux's Law of Insurance

Colinvaux's Law of Insurance

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Banks as Financial Advisers

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ISBN13: 9789041198280
ISBN: 9041198288
Published: February 2001
Publisher: Kluwer Law International
Format: Hardback
Price: £104.00



Changes in banking and securities regulation in many countries since 1980 have allowed banks to expand their range of financial services far beyond mere lending, an opportunity banks have been eager to grasp. This business development entails a responsibility; offering informed advice on the choices that customers must make. If we are to judge by a steadily increasing stream of lawsuits, as well as the clear results of customer surveys, most banks fail this part of the challenge. Should the law intervene? That is the basic question posed by this important book. In examining and evaluating the complex answer, and its critical implications for the banking industry, the author uses a comparison of legal systems, developments, and events in two major banking jurisdictions, England and Germany, investigating the relations in each system between the relevant legal rules and actual business practices.

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Contents:
Acknowledgments. Table of Cases. Table of Statutes. Table of Abbreviations.
1. Introduction.
2. The General Legal Concepts in English and German Law with regard to a Bank's Liability for Financial Advice.
3. A Bank's Advisory Duties in General Lending Matters.
4. Banks as Advisers on Investment Matters.
5. Just Agony Aunts or Efficient Guardians of Bank Customers? The Role of the Banking Ombudsman Schemes in England and Germany.
6. Conclusion. Appendices. Bibliography. Index.