Stricto Sensu Investor Protection Under Mifid Ii
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Stricto Sensu Investor Protection Under Mifid Ii
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Author : Christos Gortsos
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2018-07-27
Stricto Sensu Investor Protection Under Mifid Ii written by Christos Gortsos and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-27 with Law categories.
This study analyses Articles 24-30 of Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 “on markets in financial instruments” (MiFID II), which govern, as of January 2018, the most important aspects of investor protection of clients to whom credit institutions and investment firms provide investment services. These Articles contain code-of-conduct and product governance rules, which constitute cornerstones of contemporary EU capital markets law as shaped to address the weaknesses revealed in capital markets’ micro-prudential regulation and supervision after the recent international financial crisis of 2007-2009. The book concisely identifies the elements of continuity and change in relation to the repealed Directive 2004/39/EC (MiFID I), while also presenting the detailed delegated acts of the European Commission and Guidelines of the European Securities and Markets Authority (ESMA), which were adopted on the basis of Articles 24-30 MiFID II.
Mifid Ii Mifir Capita Selecta
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Author :
language : en
Publisher:
Release Date : 2018
Mifid Ii Mifir Capita Selecta written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
MiFID II et MiFIR ? les nouvelles règles européennes relatives aux marchés d?instruments financiers ? sont, depuis début 2018, un fait. Les prestataires de services d?investissement se voient ainsi confrontés à un afflux massif de nouvelles dispositions qui infiltrent et influencent leur business à tout point de vue. Abondance et détails ne sont toutefois pas synonymes de clarté et d?application pratique. Les contributions regroupées dans cet ouvrage couvrent un éventail de thèmes intéressants, dans des domaines allant du champ d?application à la protection des investisseurs ou de la réglementation des marchés aux sanctions. Ces analyses offrent ainsi un éclairage indispensable à tous ceux qui, d?une manière ou d?une autre, sont concernés par cette matière.
The Regulation Of Hedge Funds
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Author : Ana Maria Fagetan
language : en
Publisher: Springer Nature
Release Date : 2020-12-28
The Regulation Of Hedge Funds written by Ana Maria Fagetan and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-28 with Business & Economics categories.
This book analyses elements of international finance, comparing the regulation of hedge funds in United States, Europe, the UK, and off-shore jurisdictions in the aftermath of the financial crisis. It critically compares the Dodd- Frank Act in US with the Alternative Investment Funds Managers Directive in Europe. Moreover, it goes further by analyzing the implementation of the AIFM Directive in seven jurisdictions in Europe famous for the incorporation of hedge funds: the United Kingdom, Italy, France, Ireland, Malta, Luxembourg, and Switzerland. The book also analyses the effect of Brexit on the legislation in the UK regarding the application of the directive and the distribution of financial products in Continental Europe, and will be of particular interest to researchers, academics, and students of international finance and financial regulation.
Retail Depositor And Retail Investor Protection Under Eu Law
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Author : Constantinos Tokatlides
language : en
Publisher: Taylor & Francis
Release Date : 2017-02-10
Retail Depositor And Retail Investor Protection Under Eu Law written by Constantinos Tokatlides and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-10 with Business & Economics categories.
Retail Depositor and Retail Investor Protection under EU Law offers an original perspective on EU financial law in the area of retail investor protection, examining the status of protection awarded by EU law to retail depositors and retail investors in the event of financial institution failure. The analysis of relevant EU law is on the basis of effectiveness and has been elaborated in two levels of comparison. The first comparative approach examines relevant EU law both externally and internally: externally, vis-à-vis relevant international initiatives and developments in the area of financial law, as the latter affect the features and evolution of EU law, and internally by examining relevant instruments of EU law with regard to each other as to their normative structure and content. The second comparative approach also examines the status of retail depositors in relation to that of retail investors under EU law, in the event of financial institution failure, and the relevant legal consequences thereof.
Insurance Distribution Directive
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Author : Pierpaolo Marano
language : en
Publisher: Springer Nature
Release Date : 2021
Insurance Distribution Directive written by Pierpaolo Marano and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Bank marketing categories.
This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD). The IDD came into force on 1 October 2018 and regulates the distribution of insurance products in the EU. The book examines the main changes accompanying the IDD and analyses its impact on insurance distributors, i.e., insurance intermediaries and insurance undertakings, as well as the market. Drawing on interrelations between the rules of the Directive and other fields that are relevant to the distribution of insurance products, it explores various topics related to the interpretation of the IDD - e.g. the harmonization achieved under it; its role as a benchmark for national legislators; and its interplay with other regulations and sciences - while also providing an empirical analysis of the standardised pre-contractual information document. Accordingly, the book offers a wealth of valuable insights for academics, regulators, practitioners and students who are interested in issues concerning insurance distribution.--
The European Banking Regulation Handbook Volume I
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Author : Christos V. Gortsos
language : en
Publisher: Springer Nature
Release Date : 2023-06-10
The European Banking Regulation Handbook Volume I written by Christos V. Gortsos and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-10 with Business & Economics categories.
In two volumes, this book covers in a comprehensive, internally balanced, systematic and detailed way the field of European Union (EU) banking law and regulation. In three parts, Volume I offers a brief introduction to the role of banks in the contemporary financial system and the theory of banking regulation, a thorough analysis of international financial standards which are contained in the sources of public international banking law (and of public international financial law, in general), a detailed presentation of the gradual evolution and the sources of EU banking law, as well as a precise analysis of the law-making process and the key institutional aspects of this branch of EU economic law. The standards and rules adopted and the institutions created in the aftermath of the (2007-2009) global financial crisis and the subsequent euro area fiscal crisis, as well as during the current pandemic crisis are discussed, as appropriate. A detailed analysis of the substantive aspects of EU banking law will follow in Volume II
Eu Investor Protection Regulation And Liability For Investment Losses
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Author : Marnix Wallinga
language : en
Publisher: Springer Nature
Release Date : 2020-10-30
Eu Investor Protection Regulation And Liability For Investment Losses written by Marnix Wallinga and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-30 with Law categories.
This book examines the relationship between the EU investor protection regulations enshrined in MiFID and MiFID II and national contract and torts law. It describes how the effect of the conduct of business rules as implemented in national financial supervision legislation in private law extends to the issue of enforcement, and critically assesses this interaction from the perspective of EU law. In particular, the conclusions identified in the book will deepen readers’ understanding of the interplay between the conduct of business rules and private law norms governing a firm’s liability to pay damages, such as duty of care, attributability of damage, causation, contributory negligence and limitation. In turn, the book identifies the subordination and the complementarity model to conceptualise the interaction between the conduct of business rules and private law norms. Moreover, the book challenges the view that civil courts are – or should be – forced to give private law effects to violation of the MiFID and MiFID II conduct of business rules in line with the subordination model. Instead, the complementarity model is advanced as the preferred approach to this interaction in view of what MiFID and MiFID II require from Member States in terms of their implementation, as well as the desirability of each model. This model presupposes that courts should consider the conduct of business rules when adjudicating individual disputes, while preserving the autonomy of private law norms governing liability of investment firms towards clients. Based on analysis of case law of courts in Germany, the Netherlands and England & Wales, as well as scholarly literature, the book also compares the available causes of action, the conditions of liability and the obstacles investors face when claiming damages, as well as how and the extent to which investors can benefit from the conduct of business rules in clearing these obstacles. In so doing, under the approach adopted by national courts to the interplay between the conduct of business rules of EU origin and private law, the book shows how investors can benefit from the influence of these rules on private law norms. In closing, it demonstrates a hybridisation of private law remedies resulting from the accommodation of the conduct of business rules into the private law discourse according to the complementarity model, illustrating how judicial enforcement through private law means may contribute to investor protection.
The Mifid Ii Framework
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Author : Mario Comana
language : en
Publisher: Springer
Release Date : 2019-02-15
The Mifid Ii Framework written by Mario Comana and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-15 with Business & Economics categories.
This book provides a detailed analysis of the main innovations and impacts associated with the package of European legislation comprising MiFID II and MiFIR, which constitutes a pillar of the EU’s “single rulebook” for financial regulation. Adopting a research-oriented approach, the authors also consider the practical consequences of the new legislation, to provide a clear description of the new rules and the ways in which they address concerns raised by the financial crisis, as well as an appraisal of the theoretical implications from an EU-wide perspective. The book also presents a comparative analysis of how the package is being implemented within the larger countries of the Eurozone and the United Kingdom, and evaluates the likely consequences for banks’ business models. This research book is a valuable resource for graduate and master’s level students as well as professionals and practitioners interested in understanding the European financial law and, in particular, the dynamics of the investment industry.
Mifid Ii And Private Law
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Author : Federico Della Negra
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-07-11
Mifid Ii And Private Law written by Federico Della Negra and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-11 with Law categories.
In the wake of the global financial crisis, investors have suffered significant losses as a result of breaches of conduct of business rules in the distribution of financial instruments. MiFID II introduced new disclosure, distribution and product governance rules to strengthen the protection of investors but, like MiFID I, did not harmonise the civil law consequences for their violation. This book asks whether, in spite of the silence of the EU legislators, the MiFID II conduct of business rules may produce civil law effects, enabling investors to enforce them against investment firms before national courts and alternative dispute resolution (ADR) mechanisms. Building on the case law of the CJEU, the book shows the conditions under which the breach of MiFID II conduct of business rules should give rise to a private law remedy, and what remedies would be compatible with EU law. MiFID II and Private Law is an essential contribution to academic research in EU and financial law and will be a key text for policy-makers and legal practitioners working in the field of investor protection regulation and mis-selling litigation.
D Veloppements R Cents En Droit Commercial Viii
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Author : Damiano Canapa
language : fr
Publisher: Stämpfli Verlag
Release Date : 2022-09-16
D Veloppements R Cents En Droit Commercial Viii written by Damiano Canapa and has been published by Stämpfli Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-16 with Law categories.
Ce volume regroupe les actes issus des présentations de la Journée de droit de l'entreprise organisée par le CEDIDAC en 2021. Cette journée d'étude avait pour thèmes le financement des entreprises – dont l'importance pratique n'est plus à démontrer – et la nouvelle réglementation LSFin/MiFID. Les trois premiers articles examinent différents aspects du financement des entreprises. En matière de financement au moyen de fonds propres, le rôle du conseil d'administration est analysé. Le droit à l'information du bailleur de fonds est ensuite passé en revue s'agissant du financement au moyen de fonds étrangers. Enfin, la troisième contribution détaille le mécanisme de l'Equity Kicker. Les deux autres articles s'intéressent à deux aspects centraux de la réglementation LSFin/MiFID. Tandis que le premier examine la manière par laquelle la protection de l'investisseur est assurée dans ces textes, le second, qui clôt le volume, décrit la manière dont la collaboration entre la banque et le gérant indépendant doit être organisée.