Custody of Investments: Law and Practice

Author: A. O. Austen-Peters
Publisher: Oxford University Press
ISBN: 9780198298588
Published In: December 2001
Format: Hardback , 260 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Reviews

Details

Makes an important contribution to a subject on which there are few other books available
Fully up to date
Combines thoughtful analysis with practitioner insight into the realities of the subject in practice

This book focuses on the legal implications of how assets are held on behalf of investors by other parties (such as brokers, investment managers, specialist custodians and central depositaries) and in particular how the chosen method affects the legal rights of the investor over the assets in question. The impact of immobilisation, dematerialisation, fungible holdings and settlement practices are all considered. The book also covers the effect of the use of custody assets for security, the duties of custodians, the remedies of investors, cross-border custody and the regulatory response to custody business.

An authoritative work for practitioners, academics and reference libraries specializing in financial services, banking and investment law, both in the UK and internationally, it provides one of the clearest and most up to date analyses of these subjects available.

Table of Cases
Table of Legislation
1:Introduction
2:Single-tier Custody
3:Identification of Custody Assets
4:Mulit-tier Custody
5:The Nature of the Investor's Interest
6:Custody Assets as Security for Lenders
7:Custodian's Duties
8:Breach of Duty
9:Regulation of Custody Business
10:Cross-border Custody
Checklist of the Main Legal Issues in Assessing Custodial Arrangements
Bibliography
Index

This book provides a comprehensive guide to the complex legal issues which arise when investment assets are placed in custody. Accordingly, the book should be of considerable interest to practitioners working in the areas of financial markets and funds management law. It should also prove an invaluable resource for academics interested in those areas. - Journal of Banking and Finance Law and Practice Vol 12 (no date)

[it] provides us with a lucid and complete descriptive analysis of the complex mechanisms through which our most important form of wealth is generated and exchanged. - Trust Law International, Vol15, No2 2001