an introduction to the law on financial investment

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An Introduction To The Law On Financial Investment

Author : Iain MacNeil
ISBN : 9781841134789
Genre : Business & Economics
File Size : 49. 10 MB
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This book provides a wide-ranging overview of the law and regulatory rules applicable to investment in financial instruments. Part 1 introduces the basic principles and structure of the law relating to financial investment. It explains the legal nature of financial instruments, the rationale for regulation and the history and development of the system of regulation in the United Kingdom. It includes an analysis of the main principles and regulatory techniques introduced by the Financial Services and Markets Act 2000. Part 2 examines investments and investors. It explains the legal nature and structure of the main forms of financial investment and examines the legal principles and regulatory rules that are relevant to institutional investment and private investors. Part 3 deals with finance and governance. In essence this part aims to explain the legal mechanisms through which investors supply money to companies seeking investment and the governance techniques that have been developed to allow investors to monitor investments and hold company directors accountable for their actions. Part 4 discusses how markets and market participants operate and are regulated. It examines the nature of financial markets, their regulation and the legal rules that promote 'clean' markets. There is also discussion of the role and regulation of the different types of participants who deal in the markets.

An Introduction To The Law On Financial Investment

Author : Iain G MacNeil
ISBN : 9781847318749
Genre : Law
File Size : 58. 8 MB
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Since the publication of the first edition of this book in 2005, the world of financial investment has experienced an unprecedented boom followed by a spectacular bust. Significant changes have been proposed and in some cases implemented in areas such as the structure of regulation, the organisation of markets, supervision of market participants and the protection of consumers. The second edition takes account of these developments, integrating them into an analytical framework that enables the reader to develop a critical overview of the role of general legal rules and specialised systems of regulation in financial investment. The framework focuses on the role of contract, trusts and regulation as the primary legal influences for financial investment. The first part explores the relationship between investment, law and regulation. The second part examines the nature of investments and investors, both professional and private. The third part discusses the central role of corporate finance and corporate governance in linking investors with enterprises that require external capital. The fourth part examines the nature, operation and regulation of markets and the participants that support the functioning of the markets. The objective remains to provide a broadly-based and critical account of the role of law in financial investment. "MacNeil's eloquent and informative distillation of the regulatory fundamentals of investment law gives his book much international relevance...a timely contribution to help readers decipher the seemingly inextricable maze of financial regulation...Practitioners and legal policy advisers will..welcome it. They should find enlightening the book's careful scrutiny of the trust and contractual foundations of investment law and practice." Benjamin J Richardson Journal of International Banking Law and Regulation, Vol 22 Issue 1, 2007 ...a fascinating and informative book...thoroughly recommended as a learned but at the same time very readable introduction to the law of financial investment Gerard McCormack Banking and Finance Law Review, Volume 21 No 2, June 2006 ...very informative tool that introduces in a very friendly and accessible manner the nearly inextricable world of financial investment laws. Fadi Moghaizel International Company and Commercial Law Review, Vol. 17 No 2, February 2006

Corporate Governance And Institutional Investment

Author : Malik M. Hafeez
ISBN : 9781627340502
Genre : Business & Economics
File Size : 37. 5 MB
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Corporate Governance and Institutional Investment focuses on corporate governance and the legal nature of institutional investors in the corporate system. Its aim is to expose the complexity of the relationships that exist between companies on one side, and their shareholders, stakeholders, and monitors on the other. Various types of investors, including trusts and companies, are discussed, including how they function under different legal guidelines. The role of investment managers acting on the behalf of institutional investors is examined, as well as why fund managers overlook the corporate governance problems of their investee’s companies when they are performing well financially. This complexity is one of the main reasons why corporate scandals still occur, despite the existence of an extensive academic literature on corporate governance and the sustained efforts by the corporate community around the world. An analysis of how the monitoring role of institutional investors became effective in the light of company law and trusts is presented by using a comparative model involving the U.K., the U.S.A., Pakistan, and continental Europe. Financial scandals of the last decade such as Enron, Northern Rock, and the banking crisis are also examined. Finally, a review of regulatory approaches which rely upon formal rules and institutions backed by the state legal system, and non-regulatory approaches emphasizing the market mechanism and contractual arrangements, is included.

Investing In Justice

Author : Max Volsky
ISBN : 0988510502
Genre : Actions and defenses
File Size : 74. 67 MB
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Alternative assets have become popular in recent years, mainly because they offer superior returns and are uncorrelated to traditional markets. Legal finance also called lawsuit funding, lawsuit loans, pre-settlement funding, tort advances, plaintiff advances, litigation finance, litigation financing, litigation funding or dispute finance refers to investments in lawsuits. Written by a renowned expert, this book is essential reading for investors, consumers, lawyers, policymakers, business executives, and anyone who can benefit from having a clear and comprehensive framework for understanding this industry and its capacity to create more balanced and provident legal systems around the world. Join us as we explore this new market and examine the industry s most poignant issues.

Socially Responsible Investment Law

Author : Benjamin J Richardson
ISBN : 0199715459
Genre : Business & Economics
File Size : 73. 35 MB
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Environmental harm is commonly associated with companies that extract, consume, and pollute our shared natural resources. Rarely are the 'unseen polluters,' the financiers that sponsor and profit from eco-damaging corporations, placed at the forefront of the environmental debate. By focusing on these unseen polluters, Benjamin Richardson provides a comprehensive examination of socially responsible investment (SRI), and offers a guide to possible reform. Richardson proposes that greater regulatory supervision of SRI will help ensure that the financial sector prioritizes ethically-based investments. In Socially Responsible Investment Law, he suggests that new governmental reforms should encourage companies to participate in socially responsible investments by providing a better mix of standards and incentives for SRI through measures that include redefining the fiduciary responsibilities of institutional investors to incorporate environmental concerns. By doing so, Richardson posits that corporate financiers, including banks, hedge funds, and pension plans, will become more accountable to the goals of ensuring sustainable development.

Rethinking Corporate Governance In Financial Institutions

Author : Demetra Arsalidou
ISBN : 9781134499267
Genre : Law
File Size : 51. 26 MB
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There are many deep-seated reasons for the current financial turmoil but a key factor has undoubtedly been the serious failings within the corporate governance practices of financial institutions. There have been shortcomings in the risk management and incentive structures; the boards’ supervision was at times weak; disclosure and accounting standards were in some cases inadequate; the institutional investors’ engagement with management was at times insufficient and, last but not least, the remuneration policies of many large institutions appeared inappropriate. This book will provide a critical overview and analysis of key corporate governance weaknesses, focusing primarily on three main areas: directors’ failure to understand complex company transactions; the poor remuneration practices of financial institutions; and, finally, the failure of institutional investors to sufficiently engage with management. The book, while largely focused on the UK, will also consider EU and Australian developments as well as offering a comparative angle looking at the corporate governance of financial institutions in the US.

Zivilrechtliche Strukturen Von Open End Investmentfonds In Deutschland Und England

Author : Ole W. Sachtleber
ISBN : 9783862346516
Genre : Law
File Size : 23. 64 MB
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Open-end-Investmentfonds bieten Anlegern die Möglichkeit einer sicheren sowie leicht realisierbaren Kapitalanlage und haben eine immense wirtschaftliche Bedeutung. Rechtlich problematisch ist insbesondere die Dreiecksstruktur zwischen Verwaltungs- bzw. Investmentgesellschaft, Verwahrgesellschaft und Anlegern. Die vorliegende Arbeit untersucht diese Strukturen erstmalig nicht nur für open-end-Investmentfonds in Deutschland, sondern auch in England. Dabei werden das Vertragsmodell und die Investmentaktiengesellschaft des deutschen Rechts sowie das Trustmodell (unit trust) und die open-ended investment company (OEIC) des englischen Rechts eingehend behandelt. Im Mittelpunkt der Arbeit stehen die Rechtsbeziehungen zwischen den Beteiligten, die sich daraus ergebenden Pflichten und die Rechtsfolgen ihrer Verletzung. Untersucht werden auch die Möglichkeiten der Durchsetzung von Schadensersatz-ansprüchen. Dabei richten sich nach Ansicht des Autors Haftungsansprüche der Anleger im deutschen Vertragsmodell grundsätzlich auf Leistung an das Sondervermögen. Er entwickelt auch Vorschläge zur Stärkung der Rechtsposition der Anleger.

International Company Taxation

Author : Ulrich Schreiber
ISBN : 9783642363061
Genre : Business & Economics
File Size : 25. 13 MB
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The book is written for students of business economics and tax law. It focuses on investment and financing decisions in cross-border situations. In particular, the book deals with: Legal structures of international company taxation, International double taxation, Source-based and residence-based income taxation, International investment and profit shifting, International corporate tax planning, International tax planning and European law, Harmonization of corporate taxation in the European Union, International tax planning and tax accounting. International tax law is designed to avoid international double taxation and to combat international tax avoidance. Nevertheless, companies investing in foreign countries may suffer from international double taxation of profits. On the other hand, these companies may also be able to exploit an international tax rate differential by means of cross-border tax planning. Ulrich Schreiber holds the chair of Business Administration and Business Taxation at the University of Mannheim. He serves as co-editor of Schmalenbachs Zeitschrift für betriebswirtschaftliche Forschung (zfbf) and Schmalenbach Business Review (sbr) and is affiliated with the Centre for European Economic Research (ZEW) as a research associate. Ulrich Schreiber is a member of the Academic Advisory Board of the Federal Ministry of Finance.

The Unwritten Laws Of Finance And Investment

Author : Robert Cole
ISBN : 9781846682551
Genre : Business & Economics
File Size : 45. 74 MB
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While most financial and investment advice focuses on recent trends, or encourages consumers to buy a favoured product, this book breaks the mould, offering eternal wisdom that draws on years of expensive failures and enviable successes. Following on from the success of James Skakoon's The Unwritten Laws of Business (27,000 copies sold to date), this approachable but thoughtful gem brings together these useful lessons for the first time. Covering everything from reminders of the simplest of truths – 'Patience is a virtue' and 'Better safe than sorry' – to the more troublesome – 'Inflation is the stealthiest of enemies' and 'Guarantees are rarely guaranteed' - each law is presented in an accessible, easily digestible manner, and illustrated with examples. This is essential reading for savers and investors, novices and old hands – and these laws are applicable all around the world.

An Introduction To International Investment Law

Author : David Collins
ISBN : 9781107160453
Genre : Law
File Size : 81. 88 MB
Format : PDF
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A clear and accessible introduction to one of the fastest growing and most highly debated spheres of international law.

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