Law and Regulation of Finance, The

In-depth, practical and up-to-date, The Law and Regulation of Finance provides a comprehensive account of the law of finance.Covering every major financial market, including foreign exchange, stock-lending and repos, this book provides a uniquely in-depth overview of derivatives and securities regulation.The new edition explains the EU and UK regulatory systems, including the changes made to the UK financial regulatory system by the Financial Services Act 212 and the Banking Act 29. It also considers each of the principal financial markets, their standard market documentation, and the way in which the law and regulation applies to them.New to the 2nd edition:A full analysis of the regulatory changes in the UK: the new Financial Conduct Authority and Prudential Regulatory Authority, and the Financial Policy CommitteeAnalysis of the Financial Services (Banking Reform) Bill 213A full analysis of EU developments, especially the Larosiere Report; the introduction of the regulation of derivatives, and the changes effected by EMIR and MIFIR; the Alternative Investment Fund Managers DirectiveThe litigation and criminal prosecutions stemming from the financial crisis; and a full analysis of the various strains of litigation which have resulted from the crisis and its aftermathApproximately 1 new cases analysedIncreased coverage of the interpretation of contracts and insolvency lawCONTENTSSection1 - Principles of the Law of FinancePart I - An Ordering of the Law of Finance1. The Components of the Law of Finance2. The legal nature of money and financial instruments3. The relationship between substantive law and financial regulationPart II - Substantive Legal Concepts in the Law of Finance4. Fundamental legal concepts: contract, property and wrongs5. Fiduciary duties6. Conflict of lawsPart III - Financal Services Regulation7. EU financial regulation8. UK financial regulation (1): the Financial Services Authority9. UK financial regulation (2): specifics of UK financial regulation1. Conduct of business11. Financial promotion12. Market AbusePart IV - Criminal Law13. Criminal offences in the Law of Finance14. Insider dealing15. Money laundering16. Fraud in the Criminal LawPart V - Contract17. Formation of contracts18. Validity of contracts19. Master agreements and common contractual terms and conditions2. Termination of contractsPart VI - Property21. Ownership of money and financial instruments22. Trusts23. Taking security and insolvency24. Tracing and propriety claimsPart VII - Wrongs25. Fraud and undue influence26. Negligence and other liability in tort27. Breach of trustSection 2 - Specific Financial TechniquesPart VIII - Banking28. Fundamentals of banking law29. Banking regulation3. The banker and customer relationship31. Payment methods32. Retail banking and conduct of business regulationPart IX - Lending33. Ordinary lending34. Syndicated lending35. Bonds36. Foreign ExchangePart X - Stakeholding37. The fundamentals of UK securities law38. Prospectuses and transparency obligations39. Official listing of securities 1: principles of listing4. Official listing of securities 2: admission and maintenance of listing41. Liability for securities issues42. AcquisitionsPart XI - Financial Derivatives and Refinancing43. Financial derivatives products44. Documentation of financial derivatives45. Collateralisation46. Termination of financial derivatives47. SecuritisationPart XII - Proprietary Finance48. Property Finance49. Mortgages5. Stock-lending and repo transactionsPart XIII - Collective Investment Entities51. Communal investment models52. Collective investment schemes53. Friendly societies and unincorporated associations54. Co-operatives and credit unions55. Occupational pension funds56. Insurance regulationPart XIV - Crisis and reform57. The financial crisis and its aftermathFEATURES & BENEFITSThe 2nd edition:Explains the new UK regulatory regime, and the developing landscape in EU financial regulation. The full range of financial regulation is analyse from conduct of business and financial promotion, through to micro-prudential regulation, macro-prudential regulation and the regulation of market abuseConsiders the new attitude to criminal activity in financial markets, encompassing insider dealing, money laundering and fraudDeals with contract