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Liability of Asset Managers

Liability of Asset Managers

Author: Danny Busch; Deborah A. DeMott
Publisher: Oxford University Press
ISBN: 9780199608737
Published In: March 2012
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The only book to provide a country-by-country comparison of European, US, and Canadian law of asset manager liability
Identifies at national level the variations in European regulation of asset managers following the implementation of MiFID
Comparative and systematic overview of individual countries assists with reviewing and drafting management agreements
Provides key information at a glance enabling practitioners to compare their own regime with countries included

Given the international nature of the asset management industry, lawyers representing investors, asset managers, and regulators are often confronted with asset management agreements governed by foreign law. This book provides the necessary points of law and practice in the leading jurisdictions allowing lawyers to identify the main pitfalls concerning the foreign law in question.

This book is the only comparative analysis of the law of asset manager liability in the major European jurisdictions, the United States, and Canada, each written by specialists from the relevant jurisdiction. This is a much-needed guide on the disparate regulation of asset manager liability in these countries highlighting the absence of uniformity in this area of law despite the implementation of MiFID in Europe.

The section on European law provides an overview of the regulation in this field regionally and provides the context in which the national chapters explore the regulation at country level. The comparative evaluation at the end of the book provides a thoughtful assessment of the impact of regulatory frameworks on asset managers private law duties and liabilities. The Introduction situates the country-by-country material within the broader context of questions about regulatory design and effectiveness.

Readership: Lawyers representing investors (such as pension funds and insurance companies), asset managers, regulators, and academics interested in the law relating to asset management and funds.

I: Introduction
1: Busch and DeMott: Introduction
II: EU LAW
2: Grundmann-van de Krol: The Markets in Financial Instruments Directive and Asset Management
III: Civil Law Legal Systems
3: Couret, Goutay and Zabala: France
4: Casper and Altgen: Germany
5: Giudici and Bet: Italy
6: Riassetto and Richard: Luxembourg
7: Busch and Silverentand: The Netherlands
8: Kawecki: Poland
9: Ruiz Bachs and Diaz Ruiz: Spain
10: Thévenoz and Bretton-Chevalier: Switzerland
IV: Common Law Legal Systems
11: Bates and Clarke: Ireland
12: Van Setten and Plews: England and Wales
13: DeMott and Laby: United States
V: Mixed Legal Systems
14: Cabrelli: Scotland
15: Hughes and Jordan: Canada
VI: Conclusions
16: Busch and DeMott: Comparative Analysis of the Jurisdictions

Edited by Danny Busch, Institute for Financial Law, University of Nijmegen, The Netherlands, and Deborah DeMott, David F. Cavers Professor of Law, Duke University, U.S.A.

Danny Busch is Professor of Financial Law at Radboud University Nijmegen. His research interests include banking and securities law, tort law, contract law, agency law and comparative law.

Deborah DeMott is Professor of Law at Duke University School of Law. She has written on corporate law, takeovers and acquisitions, and fiduciary obligations.

Contributors:

Alain Couret, Sorbonne School of Law, Research Center of Financial Law
Andrew Bates, Dillon Eustace
Andrzej Kawecki, SK+S Attorneys
Arthur B. Laby, Rutgers University School of Law
Blanaid Clarke, University College Dublin
Bruno Zabala, CMS-BFL
Cally Jordan, University of Melbourne
Christel M. Grundmann-Van de Krol, Nijmegen University
Christian Altgen, Munster University
Claude Bretton-Chevallier, University of Geneva
Danny Busch, Nijmegen University
David Cabrelli, Edinburgh University
Deborah DeMott, Duke University
Emilio Diaz Ruiz, URIA MENENDEZ Attorneys
Isabelle Riassetto, Luxembourg University
Jean-Florent Richard, Vilrets
Larissa Silverentand, NautaDutilh N.V.
Lodewijk Van Setten, Morgan Stanley, King's College London
Luc Thevenoz, University of Geneva
Matteo Bet, University of Geneva
Matthias Casper, Munster University
Pam Hughes, Blake, Cassels & Graydon LLP
Paolo Giudici, Free University of Bolzano
Philippe Goutay, Freshfields
Salvador Ruiz Bachs, Allen & Ovary
Tim Plews, Clifford Chance