Banking / Finance

Financial Law

By Joanna Benjamin
Oxford University Press December 2007

Specifications

ISBN-13
9780199282937
Publisher
Oxford University Press
Publication
December 2007
Format
Hardback , 712 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

  • Draws together the traditional subjects of insurance, derivatives, commercial banking, capital markets, and asset management to create the unified subject of financial law
  • Comparative and functional approach enabling practitioners to draw cross-sector comparisons, manage legal risk and identify business development opportunities
  • Structured layout and extensive cross-referencing enhance the accessibility of the material and promotes understanding
  • Based on cutting edge practice and academic analysis
  • Covers a full range of topics including asset management and insurance

The traditional financial market sectors of insurance, commercial banking, derivatives, capital markets and asset management are converging in practice, but their analysis is still largely sector-based. This book offers a cross-sectoral, functional approach. It highlights anomalies in the different legal treatment of the respective sectors (suggesting law reform to sum, and arbitrage opportunities to others) and identifies key trends.



This book offers an integrated approach to financial law which is both useful and timely, as the markets have been converging for over two decades. Functions traditionally performed in one sector are now undertaken in another, and financial techniques are emerging which combine characteristics of different traditional transaction types. Investment banks increasingly offer new structured products in a range of alternative legal "wrappers". Securitisation, particularly in association with credit derivatives, continues to be a dominant force, drawing ever more categories of business into the capital markets.



Innovations such as these have been associated with a high level of legal risk, and the cross-sectoral freedoms offered by deregulation have not been fully exploited. This book presents financial law as a discrete branch of law, to be considered in the round; it will therefore provide the practitioner, scholar or regulator with a complete, unfragmented view of the subject.

Readership: This book is a useful reference guide for practitioners in City law firms, as well as in-house lawyers in financial institutions and regulatory authorities. Academics and students would also find this work of interest and it is suitable for undergraduate or postgraduate teaching.

Table of Contents

Part I: Introduction

1: Terms of Reference


2: Credit Risk


Part II: Simple Financial Positions

3: Overview


4: Transaction Types


5: Comparison of Simple Financial Positions


6: Trends


Part III: Funded Positions

7: Overview


8: Options for Raising Capital


9: Managed Funds


10: Regulation of Funded Positions: 5 Points of Comparison


Part IV: Net Positions

11: Overview


12: Set off and Netting


13: Title Transfer Collateral Arrangements


14: The Rise of Net Positions


Part V: Asset backed positions

15: Overview


16: Property Rights


17: Security


18: Asset-backed Securities


19: Indirectly Held Securities


20: Financial Collateral


21: Trends


Part VI: Markets and Regulatory Projects

22: Overview


23: Market forces in financial law and regulation


24: Judges, markets and consumers


25: The arm's length regulatory project


26: The fiduciary project


27: The consumerist project


28: Conclusions

About the Author

Joanna Benjamin, Reader in Law, London School of Economics; Consultant, Freshfields Bruckhaus Deringer

Reviews

"Benjamin on Financial Law takes on the subject from the perspective of the international financial markets. The identification of the transfer of risk as the underlying driver gives an impressive survey a contemporary edge. The work is destined to become a classic in the field." - William Blair


 


 



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