Details
- Considers recent 'banking crisis' issues, including the Icelandic bank situations, deposit protection and government interests
- Comprehensive coverage ensures applicability as a reference on a wide range of domestic and international banking law problems
- Includes discussion of legal issues arising from Basel II, including credit risk mitigation
- Reviews recent legislation which facilitates mergers of financial institutions in the UK
- Incorporates explanation of the law and practice relating to syndicated loans, Islamic finance, and derivative products
- Provides detailed discussion of security structures from both domestic and private international law perspectives
- The section on cross-border problems includes coverage of worldwide freezing injunctions, foreign disclosure orders and bankers' duty of confidentiality
Law and Practice of Modern Banking
is a comprehensive and authoritative work on the law of banking, paying particular attention to the needs of legal practitioners in international finance centres. This is the first major banking law text to publish for some years and it provides a fresh approach to banking law by taking into account recent major developments in the field. Such developments include the increasing growth of cross-border transactions and problems, the rise of electronic banking and payment systems, the appearance of Islamic finance on the world stage, and policy, practice and regulatory matters resulting from the banking crisis.
The work includes unique coverage of syndicated loans and security structures, as well as an explanation of the supervisory liability issues raised by the BCCI litigation. The coverage of the effects of the recent 'banking crisis' includes commentary on the Icelandic bank situations, deposit protection and government interests, derivative products and mis-selling claims, and discussion relating to recent legislation to facilitate mergers of financial institutions in the UK. The book also addresses difficult and uncertain areas of law including cross-border matters such as worldwide freezing injunctions, foreign disclosure orders and bankers' duty of confidentiality.
Reflecting the growth of interest in Islamic finance, there is a detailed section on this highly specialized but increasingly important area. There is consideration of regulatory developments at international level including discussion of legal issues arising from Basel II, such as credit risk mitigation. With a focus on English law, the work draws extensively on authorities Commonwealth jurisdictions for a comparative approach.
Readership: egal practitioners in international financial centres specialising in financial law and litigation, in-house banking lawyers, and banking law academics in the UK, Commonwealth and US
Part A. Regulatory Matters
1: The Regulation of Banking
2: The Conduct of Banking Business
3: Money Laundering Legislation
4: Consumer Credit (and Mortgage) Regulation
5: Capital Adequacy
6: The Role of the Bank of England in the Financial System
Part B. Reorganisation, Winding Up and Deposit Protection
7: The Reorganisation of Banking Business
8: Foreign Bank Mergers
9: Reorganisation and Winding Up
10: Deposit Protection Schemes
11: The Extent of Supervisory Liability for Banking Failures
Part C. The Banker-Customer relationship
12: Banker and Customer
13: Nature of the Mandate
14: Cheques
15: The Banker's Duty of Confidentiality
Part D. The Bank as a Service Provider
16: The Bank as a Lender
17: Interest in the Context of the Banker-Customer Relationship
18: Bank Guarantees, Performance Bonds, Letters of Credit
19: Internet Banking
20: Electronic Money
21: Funds Transfers
22: Liabilities and Risk
Part E. Guarantees and Security
23: Guarantees and Security
24: Vitiating Factors
25: Avoidance of Security in Insolvency
Part F. Selected Cross-Border Issues
26: The Banker-Customer Relationship in Private International Law
27: English Court Orders and Foreign Deposits
28: Effect of Foreign Law on Deposit Obligations
29: Liability for Branch Deposits
Part G. Islamic Finance
30: The Principles of Islamic Finance
31: Islamic Finance Products
32: The Regulation of Islamic Finance
Charles Proctor, Partner, Bird & Bird LLP
"Charles Proctor is a leading specialist in the field of financial law, and his new book on the Law and Practice of International Banking is a welcome addition to the literature in the field" - Mr Justice Blair
"Those who know Charles Proctor's writings on banking and monetary law eagerly anticipate his latest work on the subject. They know it will contain a thorough exposition of English law, with suitable references to Commonwealth authorities. It will become an essential reference point" - Sir Ross Cranston FBA
"Charles Proctor's 'The Law and Practice of International Banking' is a timely and comprehensive book that deals with various legal aspects related to the business of banking and finance. Proctor has established himself as an authority on monetary affairs and this new volume confirms the author's well deserved reputation as a leading expert in the field. Of particular interest are the chapters on Islamic finance (a primer that can be enjoyed by specialists and general practitioners alike) and the in-depth study of guarantees and security, a subject which has become ever more important in the aftermath of the financial crisis 2007-2009. Overall, this book is essential reading for any banking lawyer..." - Rosa M Lastra, Professor of International Financial and Monetary Law Centre for Commercial Law Studies Queen Mary, University of London
