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Internationalization of banks : European cross-border deals
\"This book reviews banking internationalization by considering the new paradigms of globalization. The author primarily analyses why and how banks internationalize through equity deals, and the effect of regulation and market integration on the formation of deals, which allows authorities to manage the banking structure. This is a unique work that describes the relevance of the ownership model and cultural features of the partners and the key factors that help in choosing the market in which the banks bring activities abroad. The book addresses market characteristics, and new scenarios that should impact banks' internationalization strategies and ability to achieve success in deals that capture the attention of both researchers and practitioners.\"-- Provided by publisher.
Book
The Law Relating to International Banking
The Law Relating to International Banking (Second Edition) addresses the key legal issues associated with international banking and capital markets. Covering choice of law, jurisdiction, sovereign risk, contractual remedies, exchange controls and legal opinions, this new edition provides a detailed analysis of the legal issues relating to the lending of money, whether by way of:
Term loansSyndicated lendingThe transferring of a bank’s interest in a loanBond issuesAsset backed securitisation In addition, the title also considers Islamic securitisation as well as whole of business securitisation. It also examines derivative contracts along with the contractual issues arising with consideration being given to how to complete the Schedules to the ISDA Master Agreement. Contract guarantees and standby letters of credit are also analysed. The Law Relating to International Banking is essential reading for anyone wishing to gain a perspective on these transactions, including banking lawyers, bankers, academics and post graduate students.
eBook
Banking Secrecy and Offshore Financial Centers
This book brings together the issues surrounding banking secrecy and confiscation of criminal proceeds. The book examines the existing legal agreements at the international, regional and national levels and their interaction in the substantive areas of confiscation, anti-money laundering and banking confidentiality laws. It looks at how these agreements have been applied in offshore financial centers and demonstrates that despite a number of legally binding UN Conventions as well as global anti-money laundering recommendations, the implementation of them is often lukewarm by those Parties who have ratified the Convention and adopted obligations, because of this the confiscation legislation is incompatible with strict banking confidentiality laws. The work draws on the experience of criminologists to offer critical insight into the legislative frameworks designed to deal with banking secrecy and confiscation in offshore financial centers. It goes on to offer suggestions for measures that may be taken by major economies to circumvent the lack of cooperation by offshore financial centers as intolerance towards money laundering grows in light of recent political and economic events.
This book will be of particular interest to students and scholars of Law, Finance and Criminology.
eBook
Emerging trends in smart banking : risk management under Basel II and III
\"This book discusses some of the latest developments in banking regulations and safeguards to ensure the mitigation of risk and economic collapse\"-- Provided by publisher.
Book
The Need for \Un-consolidating\ Consolidated Banks' Stress Tests
The recent crisis has spurred the use of stress tests as a (crisis) management and early warning tool. However, a weakness is that they omit potential risks embedded in the banking groups' geographical structures by assuming that capital and liquidity are available wherever they are needed within the group. This assumption neglects the fact that regulations differ across countries (e.g., minimum capital requirements), and, more importantly, that home/host regulators might limit flows of capital or liquidity within a group during periods of stress. This study presents a framework on how to integrate this risk element into stress tests, and provides illustrative calculations on the size of the potential adjustments needed in the presence of some limits on intragroup flows for banks included in the June 2011 EBA stress tests.
eBook
Global governance and regulatory failure : the political economy of banking
The author provides a theoretical framework of the global political economy of banking regulation and analyses the policies and politics of the Basel Committee on Banking Supervision. He demonstrates how global governance has contributed to the onset of the Great Recession and continues to increase the likelihood of future global financial crises.
Book
European Prudential Banking Regulation and Supervision
The financial market events in 2007-2009 have spurred renewed interest and controversy in debates regarding financial regulation and supervision. This book takes stock of the developments in EU legislation, case law and institutional structures with regards to banking regulation and supervision, which preceded and followed the recent financial crisis. It does not merely provide an update, but anchors these developments into the broader EU law context, challenging past paradigms and anticipating possible developments. The author provides a systematic analysis of the interactions between the content of prudential rules and the mechanisms behind their production and application
European Prudential Banking Regulation and Supervision includes discussions of the European banking market structure and of regulatory theory that both aim to circumscribe prudential concerns. It scrutinises the content of prudential norms, proposes a qualification of these norms and an assessment of their interaction with other types of norms (corporate, auditing and accounting, consumer protection, competition rules). It also features an analysis of the underpinning institutional set-up and its envisaged reforms, focusing on the typical EU concerns related to checks and balances. Finally, the book attempts to revive the debate on supervisory liability, in light of the developments discussed.
This book will be of great value to all those interested in financial stability matters (practitioners, policy-makers, students, academics), as well as to EU law scholars.
Introduction Part 1 : European Banking at the Beginning of the Third Millennium 1. Banking and Market Structures 2. Insights from Regulatory Theory Part 2: The Normative Analysis of Prudential Issues 3. An Evolutionary Perspective on Prudential Rules 4. The Multiple Layers of Prudential Rules 5. Substantive Aspects of Prudential Regulation 6. The Principles Characterising the European Prudential Regulatory Regime Part 3: Institutional Aspects of Prudential Regulation and Supervision 7. The Institutional Framework – General Aspects 8. The European Institutional Framework for Prudential Banking Regulation 9. The European Institutional Framework for Prudential Banking Supervision 10. The Way Forward Part 4: The European Dimension of Supervisory Liability 11. The Issue of Supervisory Liability 12. The Current State of Supervisory Liability under European Law 13. Future European Scenarios for Supervisory Liability Concluding Remarks
Larisa Dragomir completed her PhD at the EUI and Master of Arts at the College of Europe. She is an expert in EU banking law and supervisory issues. She has worked with the European Savings Banks Group (Brussels) and the European Central Bank (Frankfurt).
eBook
China's Banking Law and the National Treatment of Foreign-Funded Banks
This book assesses new developments in and reform of China's banking law system following its accession of the WTO. It focuses on the relationship between GATS/WTO national treatment obligations and China's banking law. Tracing the history of national treatment in China, the book compares the treatment of foreign-funded banks with the treatment of Chinese-funded banks and examines the structure and shortcomings of the existing banking law framework in China. Offering suggestions as to how the framework could be restructured and analysing the economic and political bases of an integrated banking law framework, the book argues that reorganization would bring about greater consistency with GATS/WTO national treatment requirements. The book also explores the ambiguous definition of prudential carve-out, the subtle relationship between GATS national treatment and market access based on WTO cases, national treatment clauses in China's bilateral investment treaties, and special treatment on banking in China's free trade agreements.
This volume is a valuable resource for academics and students as well as professionals and policy-makers working in the field of banking, WTO, Chinese law and foreign trade.
eBook