Описание: Many companies that have become household names have avoided billions in taxes by 'parking' their valuable intellectual property (IP) assets in holding companies located in tax-favored jurisdictions. In the United States, for example, many domestic companies have moved their IP to tax-favored states such as Delaware or Nevada, while multinational companies have done the same by setting up foreign subsidiaries in Ireland, Singapore, Switzerland, and the Netherlands. In this illuminating work, tax scholar Jeffrey A. Maine teams up with IP expert Xuan-Thao Nguyen to explain how the use of these IP holding companies has become economically unjustified and socially unacceptable, and how numerous calls for change have been made. This book should be read by anyone interested in how corporations - including Gore-Tex, Victoria's Secret, Sherwin-Williams, Toys-R-Us, Apple, Microsoft, and Uber - have avoided tax liability with IP holding companies and how different constituencies are working to stop them.
Автор: M. Sornarajah Название: The International Law on Foreign Investment ISBN: 1108730868 ISBN-13(EAN): 9781108730860 Издательство: Cambridge Academ Рейтинг: Цена: 8237.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book is the first to define the field, tracing the major developments that have taken in the field, the criticisms made of the system and the proposals for its reform. This edition captures the major debates that are and have taken place in the area.
Автор: Arias-Barrera, Ligia Catherine Название: Regulation and supervision of the otc derivatives market ISBN: 1138634786 ISBN-13(EAN): 9781138634787 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Поставка под заказ.
Описание:
The over-the-counter (OTC) derivatives market has captured the attention of regulators after the Global Financial Crisis due to the risk it poses to financial stability. Under the post-crisis regulatory reform the concentration of business, and risks, among a few major players is changed by the concentration of a large portion of transactions in the new market infrastructures, the Central Counterparties (CCPs).
This book, for the first time, analyses the regulatory response of the United Kingdom and the United States, the two largest centres of OTC derivatives transactions, and highlights their shortcomings. The book uses a normative risk-based approach to regulation as a methodological lens to analyse the UK regime of CCPs in the OTC derivatives market. It specifically focuses on prudential supervision and conduct of business rules governing OTC derivatives transactions and the move towards enhancing the use of central clearing. The resulting analysis, from a normative risk based approach, suggests that the UK regime for CCPs does not fulfil what would be expected if a coherent risk based approach was taken.
Our comments on the Dodd-Frank Act highlight that the incoherent adoption of risk-based approach to regulation affects the effectiveness of the US regime for CCPs. Such a regime does not follow the pace of events of 'innovation risk'. In particular, the foreseeable changes FinTech will bring to the OTCDM and central clearing services. The second inadequacy of the US regime concerns the dual regulatory structure of the CFTC and the SEC, and the inadequate adoption of different and not well-coordinated regulatory strategies. We also analyse the cross-border implications of the US regime for non-US CCPs that provide clearing services to US market participants. Finally, we study the negative effects of the absence of a clearly defined resolution regime for CCPs.
Автор: by Matthias Haentjens (Author), Pierre de Gioia-Ca Название: European Banking and Financial Law 2e 2nd Edition ISBN: 1138042293 ISBN-13(EAN): 9781138042292 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book serves as a comprehensive introduction to European banking and financial law. It covers not only regulatory law, but also commercial law that is relevant for the most important financial transactions.
In this innovative and exhaustive study, Steven A. Ramirez posits that the subprime mortgage crisis, as well as the global macroeconomic catastrophe it spawned, is traceable to a gross failure of law. The rule of law must appropriately channel and constrain the exercise of economic and political power. Used effectively, it ensures that economic opportunity isn’t limited to a small group of elites that enjoy growth at the expense of many, particularly those in vulnerable economic situations. In Lawless Capitalism, Ramirez calls for the rule of law to displace crony capitalism. Only through the rule of law, he argues, can capitalism be reconstructed.
Автор: Booysen Название: Can Banks Still Keep a Secret? ISBN: 1107145147 ISBN-13(EAN): 9781107145146 Издательство: Cambridge Academ Рейтинг: Цена: 13306.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A book for lawyers, bank counsel, policymakers, academics and students seeking a holistic understanding of a bank`s duty to keep customers` information confidential and the conflicting right or duty to disclose information. It offers critical analysis and highlights problematic areas in privacy, data protection, conflict of laws and exchange of information.
Описание: The global financial and economic crisis which started in 2008 has had devastating effects around the globe. It has caused a rethinking in different areas of law, and posed new challenges to regulators and private actors alike. One of the emerging issues is the apparent eclipse of boundaries between different legal disciplines: financial and corporate lawyers have to learn how public law instruments can complement their traditional governance tools; conversely, public lawyers have had to come to understand the specificities of the financial markets they intend to regulate. While commentary on financial regulation and the global financial crisis abounds, it tends to remain within disciplinary boundaries. This volume not only brings together scholarship from different areas of law (constitutional and administrative law, EU law, financial law and regulation), but also from a variety of backgrounds (academia, practice, policy-making) and a number of different jurisdictions.The volume illustrates how interdisciplinary scholarship belongs at the centre of any discussion of the economic crisis, and indeed regulation theory more generally. This is a timely exploration of cutting-edge issues of financial regulation.
'...a very welcome addition to the limited European legal literature on the global financial crisis...it constitutes an important contribution in the field and it is certainly to be applauded for paving the way for further cross-disciplinary discussion amongst lawyers'. Mihalis Dekastros, European Journal of Legal Studies, 2014, Vol 7 '...Ringe and Huber's book provides important, if not indispensable elements for a coherent theory and doctrine of the law within the financial crisis'. Matthias Ruffert, Common Market Law, 2015, Vol 52 (1) ' T]his book is interesting for anyone working in a dynamic area of law. Academics will want to go through it in its entirety...' Dimitrios Kyriazis, Law Quarterly Review, 2015, Vol 131
Название: Anti-Money Laundering ISBN: 1137594543 ISBN-13(EAN): 9781137594549 Издательство: Springer Рейтинг: Цена: 20962.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book critically analyses the role of theUnited Arab Emirates Financial Intelligence Unit (FIU) in the SuspiciousActivities Reports regime. The author pays particular attention to itsfunctions and powers in dealing with Suspicious Activities Reports and relevantrequirements imposed upon the reporting entities. In the analysis, the authoralso compares the United Arab Emirates FIU model to the United Kingdom FIUmodel.In addition, the book investigates whetherthe current United Arab Emirates FIU model complies with the relevantinternational recommendations developed by the Financial Action Task Force inrelation to the establishment of the unit, as well as its powers and functions.Thisbook suggests that more can be done toimprove the current functions and powers of the United Arab Emirates FIU in aninternational context.Furthermore, the author suggests that the functions and powers of the United FIUmodel both comply with the international requirements and beneficially extendbeyond their directives.
Описание: This book examines a key aspect of the post-financial crisis reform package in the EU and UK; the ratcheting up of internal control in banks and financial institutions. The legal framework for internal controls is an important part of prudential regulation, and internal control also constitutes a form of internal gate-keeping for financial firms so that compliance with laws and regulations can be secured. The book argues that the legal framework for internal control, which is a form of meta-regulation, is susceptible to weaknesses, and such weaknesses are critically examined by adopting an interdisciplinary approach. The book discusses whether post-crisis reforms adequately address the weaknesses in regulating internal control, and it proposes an alternative strategy to enhance the 'governance' effectiveness of internal control. Subject: European Law, Banking Law, Finance Law]
Автор: Proctor, Charles Название: The Law and Practice of International Banking ISBN: 0199685584 ISBN-13(EAN): 9780199685585 Издательство: Oxford Academ Рейтинг: Цена: 63360.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The second edition of this major reference work on banking law continues to provide authoritative analysis of current practice and the law that applies to it. Known for its broad coverage including topics such as syndicated loans, security structures, derivative products and mis-selling claims, the book tackles areas which have particular relevance to current practice. Amongst these are cross-border matters such as world-wide freezing injunctions, foreign disclosure orders, the bankers' duty of confidentiality and the impact of sanctions on banking transactions. In particular, the book provides detailed examination of various matters arising out of the Lehman collapse and the failure of the Icelandic banking system. The second edition reviews a significant accumulation of case law in these areas. Reflecting the continued growth of the Islamic finance market, there is also a detailed section on this highly specialized but increasingly important area. The new edition provides detailed consideration of the new UK and EU regulatory regimes, analyzing the respective responsibilities of the PRA and the FCA, and the establishment of new banking authorities in the EU. A separate chapter examines the new capital adequacy and liquidity regimes that will apply to banks in the wake of Basel III. It also reflects on the impact of the crisis following on from the initial assessments made in the first edition. The book examines extensively the new regimes for ring-fencing of retail banking business and for the resolution of failing banks, introduced at both the UK and EU levels. The text also includes a new chapter examining the challenges that the banking system would face in the event that a Member State elected to withdraw from the Eurozone - a fate which appeared to hang over Greece during the crisis and which could recur if the single currency zone faces renewed strains. Written by the editor of the leading work on monetary law, Mann on the Legal Aspect of Money, 7e, this is the most comprehensive assessment of current banking practice and the law that applies to it. It is a work of great scholarship set in practical context and benefits from the consistency and rigorousness of approach that a single author can provide.
Автор: Bewaji Название: Insider Trading in Developing Jurisdictions ISBN: 0415521351 ISBN-13(EAN): 9780415521352 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The book examines the regulation of insider dealing in the developed jurisdictions, using three of the G7 countries as guides with the aim of knowing how they have regulated insider trading and what lessons can be learnt from their failures and achievements. It looks at regulatory regimes in the US, the UK and Japan in order to consider whether these regimes can be successfully transplanted to developing countries. In order to explore insider dealing in the developing world the book focuses on Nigeria, Africa’s most populous nation and second largest economy. This book examines in theoretical and empirical terms the law on insider trading away from the dogmatic approach of Western literature by presenting the subject from the prism of a developing jurisdiction in post-colonial Africa with a divergent cultural, historical, social, political and economic background. The author analyses what shape insider dealing takes in Nigeria, a predominantly illiterate society, and considers the groups involved. The books also explores how the concept of insider dealing regulation is understood amongst parties integral to its administration and enforcement such as lawyers, judges, stockbrokers, and ordinary investors. The legislation governing insider dealing regulation in Nigeria is critically examined to expose its strengths and weaknesses, and to see how foreign provisions and legislation have been incorporated. The book uses Nigerian experiences to consider its implications for other developing nations, arguing that regulatory regimes need to take into account the specific social, political, historical and economic factors of a particular locale rather than importing regulations wholesale from developed jurisdictions.
Описание: Assessing the challenges posed by inefficient secured credit law in the light of the financial crisis, contributors explore how challenges may be overcome to facilitate credit through legal reforms based on standards set by international and financial organisations.
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