A Bank S Duty Of Care
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A Bank S Duty Of Care
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Author : Danny Busch
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-08-24
A Bank S Duty Of Care written by Danny Busch and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-24 with Law categories.
In recent years, an increasing number of clients and third parties have filed claims against banks such as for mis-selling financial products, poor financial advice, insufficient disclosure of and warning about financial risks. The scope of a bank's duty of care seems to expand, not only to include protection of consumers against unclear risks of complicated products but also protection of professional parties against more obvious risks of relatively straightforward products. This topic raises many questions, both at a theoretical and practical level. This book provides a rich source of information about how various jurisdictions (Germany, Austria, France, Italy, Spain, the Netherlands, England and Wales, Ireland, and the United States of America) deal with these questions and how answers are found or embedded in their national legal systems. The book also contains a detailed chapter on the MiFID I and II conduct-of-business provisions. Finally, the book provides a thorough comparative analysis and perspective.
Banking Litigation
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Author : David Warne
language : en
Publisher: Sweet & Maxwell
Release Date : 2005
Banking Litigation written by David Warne and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Guides practitioners through a range of issues relevant to banking litigation. This book covers the major areas of potential conflict, from disputes with domestic customers to those arising from global custodianship and international banking. It helps minimise risk, by explaining the correct procedures to follow
Banks Liability And Risk
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Author : William Blair
language : en
Publisher: Taylor & Francis
Release Date : 2020-11-25
Banks Liability And Risk written by William Blair and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-25 with Law categories.
Banks, Liability and Risk, 3rd Edition, is a probing look at the risks faced by banks and other lending institutions, showing problems typically faced by these institutions and highlighting the legal remedies available, with copious references to case law and precedents. The nature of the risks and liabilities which banks are exposed to are continually changing. This new edition has been completely revised to incorporate these changes, so that you can provide your clients and colleagues with the most up-to-date advice.
Can Banks Still Keep A Secret
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Author : Sandra Booysen
language : en
Publisher: Cambridge University Press
Release Date : 2017-05-18
Can Banks Still Keep A Secret written by Sandra Booysen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-18 with Business & Economics categories.
An insight into bank secrecy in major jurisdictions, complemented by chapters on privacy, data protection, conflict of laws and exchange of information.
The Ultimate Guide For Bank Directors
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Author : Catherine A. Ghiglieri
language : en
Publisher: Outskirts Press
Release Date : 2015-10-18
The Ultimate Guide For Bank Directors written by Catherine A. Ghiglieri and has been published by Outskirts Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-18 with Business & Economics categories.
The Ultimate Guide for Bank Directors, Revised Edition is written by two former bank regulators and provides bank directors a roadmap for navigating the challenges facing the banking industry today. It is a fast-paced reference guide for understanding the duties and responsibilities of bank directors, including up-to-date information on such topics as Basel III, the Consumer Financial Protection Bureau, cybersecurity and risk management. This book provides a wealth of insight and best practices gleaned from the authors' many years of regulating banks, and contains practical advice, including how to spot red flags in board reports and when to ask questions of bank management. The book provides background on the history of banking and its regulators, including the FDIC, the Federal Reserve, the Comptroller of the Currency, the Consumer Financial Protection Bureau, and state banking departments. It gives valuable insight into how regulators arrive at bank ratings and what they review during bank examinations. The book outlines how to select directors, the formation of board committees and important policies every bank should have. It also details the duties of bank directors, such as the duty of care, the duty of loyalty and the business judgment rule. When banks encounter difficulties, directors can turn to this book for advice on how to work with regulators and address potential enforcement actions. The book also gives an overview of the important consumer compliance laws, including the Bank Secrecy Act, Truth in Lending and Fair Lending laws. This is required reading for all new board members or individuals aspiring to become bank directors. It is also a perfect tool for seasoned directors who need a refresher course on banking and corporate governance. About the Authors: Catherine Ghiglieri is the former Texas Banking Commissioner, where she regulated state banks in Texas. Ms. Ghiglieri also spent 18 years at the Office of the Comptroller of the Currency re
Bank Collections And Payment Transactions
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Author : Benjamin Geva
language : en
Publisher: Oxford University Press, USA
Release Date : 2001
Bank Collections And Payment Transactions written by Benjamin Geva and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Business & Economics categories.
This is a study of the law governing the bank-customer relationship pertaining to the disposition of funds by cheques and credit transfers, covering both paper-based and electronic payments. The work addresses, with various degrees of detail, common law, civilian, and `mixed' jurisdictions, particularly, Australia, Canada, England, France, Germany, Israel, Italy, Japan, South Africa, Switzerland and the United States. In addition to the description of the law in these jurisdictions, the book contains an in-depth analysis of the common issues and the responses to them, in light of desired policies. Accordingly, an evaluation of the various rules and proposals for reform are integral parts of the study. The book is divided into four parts. Part I is an overview of the various legal systems and fundamentals in banking and payment law, in an overall historical context. Part II deals with the banking relationship, within which collections and payments occur. It highlights the customer contract, the deposit transaction, the mandate authorizing bank collections and payments, and the debt resulting from entries to the current account. Part III covers the performance of the mandate. It discusses extensively laws governing the payment and collection of cheques and credit transfers, in the context of actual clearing and settlement mechanisms, particularly large-value transfer systems in developed countries. Part IV is on payment systems misuse through fraud, either in theinitiation payments or in misdirecting them. It discusses cheque forgery, unauthorized electronic funds transfers, forged cheques indorsements, and misdirected funds transfers. A unique feature of the work is the integration of a cohesive analytic perspective, both doctrinal and policy-oriented, into a comparative descriptive framework. The book searches for a universal `law merchant' transcending the boundaries of the various legal systems. It is aimed at the banking and payment law specialist and student as well as to the general comparative lawyer. Its focus on both present law and reform makes it useful to both the academic and practising lawyer.
Law Of Banking
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Author : Chu Chai Poh
language : en
Publisher:
Release Date : 1989
Law Of Banking written by Chu Chai Poh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Banking law categories.
Directors Duties And Shareholder Litigation In The Wake Of The Financial Crisis
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Author : Joan Loughrey
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
Directors Duties And Shareholder Litigation In The Wake Of The Financial Crisis written by Joan Loughrey and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Business & Economics categories.
ÔThis book takes us back to the financial crisis and asks: should the directors of the financial institutions that caused the crisis be held responsible to their investors? LoughreyÕs and her contributorsÕ analysis of that question and the suggestions to implement their proposals are insightful and timely. This is a must-read book for those of us who are still trying to determine how to avoid the next financial crisis.Õ Ð Randall Thomas, Vanderbilt Law School, US The financial crisis revealed failings at board level at many financial institutions. But despite calls for bank boards to be held to account, there has been a remarkable paucity of litigation against bank directors for breach of their duties. This book assesses whether the law relating to directorsÕ duties and shareholder litigation has contributed to this, taking into account the changes to both that were introduced by the Companies Act 2006. With contributions from leading academics and practitioners, the book examines the directorÕs duty of care and skill, the s.172 duty, reporting obligations under s.417 of the Companies Act 2006, and shareholder litigation including the derivative action and just and equitable winding up. It concludes that neither the common law nor the statutory duties and derivative action under the Companies Act 2006 function effectively to hold directors to account and analyses why this is so. This detailed book will appeal to academics in company law and corporate governance as well as commercial law practitioners particularly those who specialize in company litigation.
Cases In Banking Law
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Author : Philip Albert Gheerbrant
language : en
Publisher:
Release Date : 1983
Cases In Banking Law written by Philip Albert Gheerbrant and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Law categories.
Banking Law
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Author : M. H. Ogilvie
language : en
Publisher: North York, Ont. : Captus Press
Release Date : 1990
Banking Law written by M. H. Ogilvie and has been published by North York, Ont. : Captus Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Banking law categories.