EU Prospectus Law

New Perspectives on Regulatory Competition in Securities Markets

Author: Pierre Schammo

Publisher: Cambridge University Press

ISBN: 1139496328

Category: Law

Page: N.A

View: 6690

Pierre Schammo provides a detailed analysis of EU prospectus law (and the 2010 amendments to the Prospectus Directive) and assesses the new rules governing the European Securities and Markets Authority, including the case law on the delegation of powers to regulatory agencies. In a departure from previous work on securities regulation, the focus is on EU decision-making in the securities field. He examines the EU's approach to prospectus disclosure enforcement and its implementation at Member State level and breaks new ground on regulatory competition in the securities field by providing a 'law-in-context' analysis of the negotiations of the Prospectus Directive.
Posted in Law

The Oxford Handbook of European Union Law

Author: Anthony Arnull,Damian Chalmers

Publisher: Oxford University Press, USA

ISBN: 0199672644

Category: Law

Page: 1051

View: 676

Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appearsto be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. Whatis the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm?The Oxford Handbook of EU Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and thecitizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in theforeseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
Posted in Law

The Regulatory Aftermath of the Global Financial Crisis

Author: Eilís Ferran,Niamh Moloney,Jennifer G. Hill,John C. Coffee, Jr

Publisher: Cambridge University Press

ISBN: 1107024595

Category: Law

Page: 391

View: 3089

Provides an unrivalled understanding of major regulatory reforms that will profoundly affect the future of finance.
Posted in Law

EU Securities and Financial Markets Regulation

Author: Niamh Moloney

Publisher: OUP Oxford

ISBN: 0191641227

Category: Law

Page: 950

View: 9997

The Global Financial Crisis has re-ordered how the EU intervenes in the EU financial market, both with respect to regulation and with respect to supervision. After 5 years of a behemoth reform agenda, the new landscape is now clear. Rule-making power has decisively moved to the EU and radical reforms have been made to the organization of supervision. EU Securities and Financial Markets Regulation provides the first comprehensive, critical, and contextual account of the vast new rule-book which now applies to the EU financial market in the aftermath of the seismic reforms which have followed the financial crisis. Topics covered in-depth include the AIFMD, EMIR, the Short Selling Regulation, the new market abuse and transparency regimes, the rating agency regime, the UCITS IV-VI reforms, and MiFID II/MiFIR; the analysis is wide-reaching, extending to secondary legislation and relevant soft law. The book also examines the far-reaching institutional changes which have followed and considers in detail the role and impact of the European Securities and Markets Authority and the potential impact of the Single Supervisory Mechanism for euro area banks on the supervision of the EU financial market. EU Securities and Financial Markets Regulation is the third edition of the highly successful and authoritative monograph first published as EC Securities Regulation. Almost entirely recast and re-written from the 2008 second edition to reflect the changes wrought by the Global Financial Crisis, it adopts the in-depth contextual and analytical approach of earlier editions and so considers the market, political, international, institutional, and constitutional context of the new regulatory and supervisory regime, and the underlying forces which have (and will continue to) shape it.
Posted in Law

Regulatory Convergence in EU Securities Regulation

Author: Iris H.-Y. Chiu

Publisher: Kluwer Law International B.V.

ISBN: 9041126686

Category: Law

Page: 323

View: 8731

Offers a new approach to the legal issues raised by the drive for convergence in securities regulation. The author offers an informed and insightful examination of the implications for regulatory and policy design if regulatory convergence were to be rigorously implemented.
Posted in Law

Building an EU Securities Market

Author: Eilís Ferran

Publisher: Cambridge University Press

ISBN: 9781139456821

Category: Law

Page: N.A

View: 1447

This book considers some of the fundamental issues concerning the legal framework that has been established to support a single EU securities market. It focuses particularly on how the emerging legal framework will affect issuers' access to the primary and secondary market. The Financial Services Action Plan (FSAP, 1999) was an attempt to equip the community better to meet the challenges of monetary union and to capitalise on the potential benefits of a single market in financial services. It led to extensive change in securities market regulation: new laws; new law making processes, and more attention to the mechanisms for the supervision of securities market activity and legal enforcement. With the FSAP nearing completion, it is a good time to take stock of what has been achieved, and to identify the challenges that lie ahead.
Posted in Law

Prospekt- und Kapitalmarktinformationshaftung

Recht und Reform in der Europäischen Union, der Schweiz und den USA

Author: Klaus J. Hopt,Hans-Christoph Voigt

Publisher: Mohr Siebeck

ISBN: 9783161485480

Category: Law

Page: 1209

View: 3288

English summary: International breakdowns of major listed companies have triggered the need for effective laws on the liability for capital market information in Germany and Europe. Under the direction of Klaus J. Hopt the Hamburg Max Planck Institute for Private Law has produced an expert opinion for the German Federal Ministry of Finance on prospectus liability in Europe, Switzerland and the United States. This publication also covers the law on the liability for continuing capital market information. German description: Die Krise der New Economy und der Niedergang des Neuen Marktes haben das aktuelle Bedurfnis nach einer wirksamen Kapitalmarktinformationshaftung verdeutlicht. Aus Anleger- und Emittentensicht genugt es nicht, die Publizitatspflichten zu harmonisieren. Vielmehr muss auch ein den Anforderungen der Kapitalmarkte gerecht werdendes Sanktionensystem bei Verletzung der Informationspflichten existieren. Fur eine Mindestharmonisierung des zivilrechtlichen Haftungssystems im Rahmen der Europaischen Union fehlen bislang allerdings systematisch aufbereitete Informationen.Das vorliegende Buch schliesst diese Lucke, indem es - ausgehend von einer detaillierten Bestandsaufnahme des geltenden Rechts in den Mitgliedstaaten der EU, der Schweiz und den USA - Ansatzpunkte fur eine Mindestharmonisierung aufzeigt und dabei okonomische Erwagungen mit einbezieht.
Posted in Law

Dalhuisen on International Commercial, Financial and Trade Law

Author: Jan Hendrik Dalhuisen

Publisher: Hart Pub

ISBN: N.A

Category: Law

Page: 1150

View: 8178

The second edition of this uniquely wide-ranging work once again grapples with the dynamic and complex fields of law which make up the modern law of international commerce, finance and trade. As a guide for students and practitioners it is unrivaled.
Posted in Law

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law

Author: Jan Hendrik Dalhuisen

Publisher: Hart Pub

ISBN: N.A

Category: Law

Page: 1359

View: 896

The third edition of this uniquely wide-ranging work once again grapples with the dynamic and complex fields of law that make up the modern law of international commerce, finance and trade. As a guide for students and practitioners it is unrivalled.The original structure has been retained, with an extensive introductory chapter dealing with the sources of modern commercial and financial law in its comparative context, the forces of transnationalisation and the development of the modern law merchant or lex mercatoria as a largely autonomous finance-driven event. Further chapters deal with modern developments in contract, payments, moveable tangible and intangible assets and the emergence of new proprietary rights in them. Later chapters look at finance leases, repos, receivable financings and securitisations, the regulation of cross-border financial services and investment banking practices.From the reviews of previous editions:"The essence of Dalhuisen's contribution is that it synthesizes and integrates diverse bodies of law into a coherent and accessible account...remarkable in its scope and depth. It stands alone in its field not only due to its comprehensive coverage, but also its original methodology. Although it appears to be a weighty tome, in fact, in light of its scope, it is very concise. While providing a wealth of intensely practical information, its heart is highly conceptual and very ambitious. It is likely to become a classic text in its field."Jane K Winn, American Journal of Comparative Law"Dalhuisen's style is relaxed...what he writes convinces without the need for an excess of references to sources...a highly valuable contribution to the legal literature. It adopts a useful, modern approach to teaching the young generation of lawyers how to deal with the increasing internationalisation of law. It is also helpful to the practising lawyer and to legislators."Christina Hultmark Ramberg, Uniform Law Review/Revue de Droit Uniforme"this is a big book, with big themes and an author with the necessary experience to back them up. ... Full of insights as to the theories that underlie the rules governing contract, property and security, it is an important contribution to the law of international commerce and finance."William Blair QC, Law Quarterly Review"Professor Jan Dalhuisen... presents a very different case: that of a civilized and cultivated cosmopolitan legal scholar, with a keen sense of international commercial and financial practice, with an in-depth grounding in both comparative legal history and comparative law, combined with the ability to transcend conventional English black-letter law description with critical judgment towards institutional wisdom and intellectual fashions. ...a wide-ranging, historically and comparatively very deep and comprehensive commentary, but which is also very contemporary and forward-looking on many or most of the issues relevant in modern transnational commercial, contract and financial transactions.."Thomas Wälde, International and Comparative Law Quarterly
Posted in Law

Principles of Financial Regulation

Author: Hogan Lovells Professor of Law and Finance John Armour,Associate Professor of Law and Finance and Academic Director of the Msc in Law and Finance Programme Dan Awrey,Paul Davies,Allen & Overy Professor of Corporate Law Luca Enriques,Richard Paul Richman Professor of Law Jeffrey N Gordon,Peter Moores Professor of Management Studies Colin Mayer,Professor of Corporate Finance Law Jennifer Payne

Publisher: Oxford University Press

ISBN: 0198786476

Category:

Page: 520

View: 8447

The financial crisis of 2007-9 revealed serious failings in the regulation of financial institutions and markets, and prompted a fundamental reconsideration of the design of financial regulation. As the financial system has become ever-more complex and interconnected, the pace of evolution continues to accelerate. It is now clear that regulation must focus on the financial system as a whole, but this poses significant challenges for regulators. Principles of Financial Regulation describes how to address those challenges. Examining the subject from a holistic and multidisciplinary perspective, Principles of Financial Regulation considers the underlying policies and the objectives of regulation by drawing on economics, finance, and law methodologies. The volume examines regulation in a purposive and dynamic way by framing the book in terms of what the financial system does, rather than what financial regulation is. By analysing specific regulatory measures, the book provides readers to the opportunity to assess regulatory choices on specific policy issues and encourages critical reflection on the design of regulation.
Posted in

Current developments in financial regulation and capital markets

Author: Stephen L. H. Phua,National University of Singapore. Centre for Commercial Law Studies

Publisher: N.A

ISBN: N.A

Category: Business & Economics

Page: 445

View: 8056

Posted in Business & Economics

Credit Rating Agencies on the Watch List

Analysis of European Regulation

Author: Raquel García Alcubilla,Javier Ruiz del Pozo

Publisher: Oxford University Press

ISBN: 0199608865

Category: Business & Economics

Page: 294

View: 8580

Rating agencies judge how solvent banks and big companies are. Prior to the financial crisis they were too optimistic when rating the risk of the banks and this prompted politicians worldwide to issue new regulations. This book explains what rating agencies do, why they are so important for the economy, and the new European Regulation.
Posted in Business & Economics

Finance and Investment

The European Case

Author: Colin Mayer,Stefano Micossi,Andrea Polo,Marco Onado

Publisher: Oxford University Press

ISBN: 0198815816

Category: Business & Economics

Page: 448

View: 1697

Low growth, low investment, insufficient spend on infrastructure, weak bank lending to the corporate sector, and funding deficiencies of small and medium-sized enterprises are all causes of concern in Europe. To many, they point to fundamental problems in the financing of European companiesand in Europe's financial systems. Are these concerns valid and do the structure and performance of the financial system lie at their heart? If so, what should be done to address them, and have the right policy prescriptions been identified to date?A product of the Restarting European Investment Finance research programme, Finance and Investment: The European Case brings together leading researchers to consider the causes of the persistently low level of investment in Europe. It examines the extent to which the financial system is acontributory factor and identifies possible remedies, considering the relation of finance to corporate sector investment, the lending behaviour of banks, the provision of equity financing, and the role of public sector institutions, regulation, and taxation. Finance and Investment provides one of the most comprehensive and thorough analyses of any financial system undertaken to date. It reflects a large body of research using new and existing data sets, employing advanced empirical tools, and exploiting the unique insights provided by the tumultuousevents of financial and sovereign debt crises. Together, they comprise an exceptional body of knowledge to advance academic thinking and guide policy formulation.
Posted in Business & Economics

Corporate governance at the crossroads

a book of readings

Author: Donald H. Chew,Stuart L. Gillan

Publisher: McGraw-Hill/Irwin

ISBN: 9780072957082

Category: Business & Economics

Page: 512

View: 3472

Behind today’s startling global spate of corporate scandals lies an even more alarming breakdown in corporategovernance. Corporate Governance at the Crossroads features 40 articles by leading scholars and practitionersthat examine the role of directors, controversial compensation plans, accounting and reporting issues, andmore. Roundtable discussions highlight recent realities and concerns, along with possible solutions.
Posted in Business & Economics