Liability of Asset Managers

• 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.