"The second edition of this major reference work on banking law continues to provide authoritative analysis of current practice and the law that applies to it.
Known for its broad coverage including topics such as syndicated loans, security structures, derivative products and mis-selling claims, the book tackles areas which have particular relevance to current practice. Amongst these are cross-border matters such as world-wide freezing injunctions, foreign disclosure orders, the bankers' duty of confidentiality and the impact of sanctions on banking transactions. In particular, the book provides detailed examination of various matters arising out of the Lehman collapse and the failure of the Icelandic banking system. The second edition reviews a significant accumulation of case law in these areas. Reflecting the continued growth of the Islamic finance market, there is also a detailed section on this highly specialized but increasingly important area. The new edition provides detailed consideration of the new UK and EU regulatory regimes, analysing the respective responsibilities of the PRA and the FCA, and the establishment of new banking authorities in the EU. A separate chapter examines the new capital adequacy and liquidity regimes that will apply to banks in the wake of Basel III. It also reflects on the impact of the crisis following on from the initial assessments made in the first edition. The book examines extensively the new regimes for ""ring-fencing"" of retail banking business and for the resolution of failing banks, introduced at both the UK and EU levels.
The text also includes a new chapter examining the challenges that the banking system would face in the event that a Member State elected to withdraw from the Eurozone - a fate which appeared to hang over Greece during the crisis and which could recur if the single currency zone faces renewed strains.
Written by the editor of the leading work on monetary law, Mann on the Legal Aspect of Money, 7e, this is the most comprehensive assessment of current banking practice and the law that applies to it. It is a work of great scholarship set in practical context and benefits from the consistency and rigorousness of approach that a single author can provide."
By:
Charles Proctor (Partner Partner Fladgate LLP)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Edition: 2nd Revised edition
Dimensions:
Height: 252mm,
Width: 177mm,
Spine: 59mm
Weight: 1.848kg
ISBN: 9780199685585
ISBN 10: 0199685584
Pages: 1008
Publication Date: 12 February 2015
Audience:
College/higher education
,
Professional and scholarly
,
A / AS level
,
Further / Higher Education
Format: Hardback
Publisher's Status: Active
"Part A: Regulatory Matters 1: The Regulation of Deposit-Taking Business 2: EU Banking Law 3: The Conduct of Retail Banking and Investment 4: The Regulation of Lending Business 5: The Regulation of Payment Services 6: Capital Adequacy, Liquidity and Large Exposures 7: Money Laundering Legislation 8: The Market Regulators Part B: Merger, Reorganisation and Insolvency of Banks 9: UK Bank Mergers and Business Transfers 10: Foreign Bank Mergers 11: Bank Rescues and Financial Stability in the United Kingdom 12: Cross-Border Reorganisation and Winding Up of Banks 13: Deposit Protection Schemes 14: The Liability of the Regulator Part C: The Banker-Customer Relationship 15: The Banker Customer Contract 16: Cheques 17: Duties of the Paying Bank 18: Duties of the Collecting Bank 19: Electronic Funds Transfers Part D: The Bank as Service Provider 20: The Bank as a Lender 21: Syndicated Loans 22: Trading Loan Assets 23: Swaps and Derivatives 24: Bank Guarantees, Performance Bonds and Documentary Credits 25: Sources of Bank Liability Part E: Guarantees and Security 26: Guarantees 27: Security - Characterisation, Formalities and Registration 28: Types of Security 29: Charges Over Shares and Other Securities 30: Charges Over Receivables 31: Charges Over Bank Balances 32: Charges Over Real Estate 33: Charges Over Aircraft 34: Charges Over Ships 35: Financial Collateral Arrangements 36: Lien and Set-Off 37: Vitiating Factors - ""Financial Assistance"" and Transactions with Directors 38: Transactions between Companies and their Directors 39: Avoidance of Security in Insolvency Part F: Cross Border Issues 40: Banks and the Eurozone Crisis 41: The Banker-Customer Contract in Private Internatiobnal Law 42: Cross-Border Financial Services, Consumer Protection and Unfair Contract Terms 43: The Banker's Duty of Confidentiality 44: Freezing Injunctions and International Banks 45: Execution Proceedings and Foreign Deposits 46: Liability for Branch Deposits and the Impact of Foreign Law 47: Economic Sanctions 48: Customer Obligations and Foreign Law Part G: Islamic Finance 49: Islamic Finance - Principles and Structures 50: Islamic Finance Transactions in the Courts 51: Corporate and Regulatory Issues 52: Harmonisation and the Development of the International Islamic Financial Markets"
Charles Proctor is a partner at Fladgate LLP and has extensive experience advising on banking law and financial services regulation in the UK and the Far East. He is an Honorary Professor of Law at the University of Birmingham and a Visiting Professorial Fellow at the Centre for Commercial Law Studies, Queen Mary University, London. Charles is the author of the prestigious OUP publication Mann on the Legal Aspect of Money, now in its 7th edition, and has written numerous articles on financial and banking law.
Reviews for The Law and Practice of International Banking
...the volume is comprehensive and one that every banking lawyer should be pleased to have on his bookshelf. It offers a dependable source that scholars, practitioners and students can turn to for insight on the wide range of issues that banks may face. The tone is lucid and candid, with the occasional, welcome, wry comment ... Particular mention should be made of the welcome discussion on Islamic banking, which has been updated in the new edition with case and regulatory developments. In this division, Proctor gives a newcomer to the topic a helpful introduction to key concepts in Islamic law and then examines the various structures that have been developed to meet customers needs for finance and investment while remaining compliant with Islamic principles. Aside from the updated English case law, the discussion extends to an examination of the Islamic finance developments in Malaysia, a prominent Islamic finance jurisdiction. * Sandra Booysen, National University of Singapore. *
