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Moss, Fletcher and Isaacs on The EU Regulation on Insolvency Proceedings

Edited by: Tom Smith KC, Stuart Isaacs KC, Christoph Paulus
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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Law and Practice of International Banking 2nd ed isbn 9780199685585

Law and Practice of International Banking

ISBN13: 9780199291861
New Edition ISBN: 9780199685585
Published: August 2010
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print

Law and Practice of Modern Banking is a comprehensive and authoritative work on the law of banking, paying particular attention to the needs of legal practitioners in international finance centres. This is the first major banking law text to publish for some years and it provides a fresh approach to banking law by taking into account recent major developments in the field. Such developments include the increasing growth of cross-border transactions and problems, the rise of electronic banking and payment systems, the appearance of Islamic finance on the world stage, and policy, practice and regulatory matters resulting from the banking crisis.

The work includes unique coverage of syndicated loans and security structures, as well as an explanation of the supervisory liability issues raised by the BCCI litigation. The coverage of the effects of the recent 'banking crisis' includes commentary on the Icelandic bank situations, deposit protection and government interests, derivative products and mis-selling claims, and discussion relating to recent legislation to facilitate mergers of financial institutions in the UK. The book also addresses difficult and uncertain areas of law including cross-border matters such as worldwide freezing injunctions, foreign disclosure orders and bankers' duty of confidentiality.

Reflecting the growth of interest in Islamic finance, there is a detailed section on this highly specialized but increasingly important area. There is consideration of regulatory developments at international level including discussion of legal issues arising from Basel II, such as credit risk mitigation. With a focus on English law, the work draws extensively on authorities Commonwealth jurisdictions for a comparative approach.

Banking and Finance
Part A. Regulatory Matters
1. The Regulation of Banking
2. The Conduct of Banking Business
3. Money Laundering Legislation
4. Consumer Credit (and Mortgage) Regulation
5. Capital Adequacy
6. The Role of the Bank of England in the Financial System
Part B. Reorganisation, Winding Up and Deposit Protection
7. The Reorganisation of Banking Business
8. Foreign Bank Mergers
9. Reorganisation and Winding Up
10. Deposit Protection Schemes
11. The Extent of Supervisory Liability for Banking Failures
Part C. The Banker-Customer relationship
12. Banker and Customer
13. Nature of the Mandate
14. Cheques
15. The Banker's Duty of Confidentiality
Part D. The Bank as a Service Provider
16. The Bank as a Lender
17. Interest in the Context of the Banker-Customer Relationship
18. Bank Guarantees, Performance Bonds, Letters of Credit
19. Internet Banking
20. Electronic Money
21. Funds Transfers
22. Liabilities and Risk
Part E. Guarantees and Security
23. Guarantees and Security
24. Vitiating Factors
25. Avoidance of Security in Insolvency
Part F. Selected Cross-Border Issues
26. The Banker-Customer Relationship in Private International Law
27. English Court Orders and Foreign Deposits
28. Effect of Foreign Law on Deposit Obligations
29. Liability for Branch Deposits
Part G. Islamic Finance
30. The Principles of Islamic Finance
31. Islamic Finance Products
32. The Regulation of Islamic Finance ;