The Law of Investor Protection

The Law of Investor Protection
Title The Law of Investor Protection PDF eBook
Author Jonathan Fisher
Publisher Sweet & Maxwell
Pages 734
Release 2003
Genre Financial services industy
ISBN 9780421673007

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This series enables practitioners to stay up to date with litigation and developments in the field of entertainment law. Emphasis is placed on the practical implications of relevant legislative developments and the effects of technology on artists, rights owners and collecting societies

Regulating Investor Protection Under Eu Law

Regulating Investor Protection Under Eu Law
Title Regulating Investor Protection Under Eu Law PDF eBook
Author Antonio Marcacci
Publisher Palgrave MacMillan
Pages 414
Release 2019-07-25
Genre
ISBN 9783030079857

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This book analyzes the legal system for the protection of retail investors under the European Union law of investment services. It identifies the regulatory leitmotiv driving the EU lawmaker and ascertains whether and to what extent such a system is self-sufficient, using a set of EU-made and EU-enforced rules that is essentially different and autonomous from the domestic legal orders. In this regard, the book takes a double perspective: comparative and intra-firm. Given the federal dimension of the US legal system and, thus, the "role-model" it plays vis-à-vis the EU, the book compares the two systems. To fully highlight the existing gaps and measure how self-sufficient the EU system is against its American counterpart, the Union/Federal level as such is analyzed - i.e., detached from the national (in EU terms) and State (in US terms) level. Regulating Investor Protection under EU Law also showcases the unique intra-firm perspective from a European investment firm and analyzes how EU-produced public-law rules become a set of compliance requirements for investment services providers. This "within-the-firm" angle gauges the self-sufficiency of the EU system of retail investor protection from the standpoint of an EU-regulated entity. The book is intended for both compliance professionals and academic scholars interested in this topic while also including illustrative sections intended to provide a broader regulatory view for less-experienced readers.

International Investment Protection of Global Banking and Finance

International Investment Protection of Global Banking and Finance
Title International Investment Protection of Global Banking and Finance PDF eBook
Author Arif H. Ali
Publisher Kluwer Law International B.V.
Pages 616
Release 2021-09-14
Genre Law
ISBN 9403535628

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Global banking and finance is a complex and specialized field with sector-specific investment forms, subject to distinctive legal and regulatory frameworks and unique types of political risk. This comprehensive guide to international investment protection in the finance and banking sector, written by acknowledged experts in the field of investor-State arbitration, provides the first in-depth discussion of how international investment law applies to investors and investments in the sector. Featuring expert guidance on the key legal protections for cross-border banking and finance investments, with complete and up-to-date coverage of investor-State cases, the analysis crystallizes a set of field-specific legal principles for the sector. In particular, the authors address the following practical aspects of investment protection in the banking and finance sector: how sector-specific forms of investment, such as loans and derivatives, impact the dispute resolution process; types of political risk that cross-border investments in the sector are likely to encounter; distinctive adverse sovereign measures that underlie disputes in the sector, including those from sovereign debt defaults and banking sector bailouts; specific treaty provisions, such as jurisdictional carve-outs and targeted exclusions; remedies available for violations of international investment protections; how monetary damages may be assessed for injury to banking and finance sector investments; the scope of financial services chapters included in certain free trade agreements; the protections available under domestic foreign investment laws; and alternative sources of protection such as political risk insurance and investment contracts. International disputes practitioners and academics, in-house counsel in the finance and banking industries, and arbitrators addressing banking and finance disputes will welcome this book for its practical guidance. With strategies for investors as well as for sovereign States to navigate the intricacies of the investment protection system, the authors’ comprehensive analysis will help ensure appropriate international protection for banking and finance sector investments, both when establishing investments and when resolving disputes. The book lays the groundwork for the future consolidation of international investment protection as a critical tool to manage the political risk confronting global banking and finance.

The Cambridge Handbook of Investor Protection

The Cambridge Handbook of Investor Protection
Title The Cambridge Handbook of Investor Protection PDF eBook
Author Arthur B. Laby
Publisher Cambridge University Press
Pages 687
Release 2022-10-27
Genre Law
ISBN 1108995926

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The topic of investor protection has occupied investors, businesses, regulators, academics, and courts since the 1930s. The topic exploded in importance after the 2008 financial crisis and the Bernard Madoff Ponzi scheme of the same year. Investor protection scholarship now seeks to respond to developments such as the institutionalization of the markets, the democratization of finance, and the enhanced role of market professionals and other gatekeepers. Additionally, although the philosophy of full disclosure remains the guiding principle behind the securities laws, recent research has questioned the merits of a disclosure-based regime. In light of these trends, regulators try to strike the right balance between imposing a strict investor protection regime, on the one hand, and giving businesses the freedom to innovate new projects, market new services, and reduce costs, on the other. The Cambridge Handbook of Investor Protection brings together leading scholars to inform this debate and fill a gap left by these developments.

Financial Advice and Investor Protection

Financial Advice and Investor Protection
Title Financial Advice and Investor Protection PDF eBook
Author Booysen, Sandra
Publisher Edward Elgar Publishing
Pages 384
Release 2021-12-07
Genre Law
ISBN 1800884621

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This comprehensive book offers a rigorous analysis of the legal debates, approaches and practice-related issues surrounding financial advice and investor protection. Despite widespread recognition of the importance of financial inclusion more broadly construed, recent financial crises have highlighted deficits in retail investor protection – this book informs the development of robust yet adaptable frameworks to protect investors, including effective enforcement and dispute resolution.

The Law of Investor Protection

The Law of Investor Protection
Title The Law of Investor Protection PDF eBook
Author Jonathan Fisher
Publisher
Pages 567
Release 1997
Genre Financial services industry
ISBN 9780421546301

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Coverage of the law which protects investors and regulates those involved in the investment industry. A review of each system for the regulation of the investment markets, examines the obligations of company directors, shareholders, trustees, deposit takers and professional advisors, and sets out procedures leading to civil and criminal actions.

Investor Protection in Europe

Investor Protection in Europe
Title Investor Protection in Europe PDF eBook
Author Guido Ferrarini
Publisher Oxford University Press on Demand
Pages 509
Release 2006
Genre Law
ISBN 9780199202911

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This collection examines investor protection in Europe, offering a broad and coherent examination of the effects of regulatory competition versus harmonisation. It covers both capital market and company law perspectives and explores clearing, settlement, prospectuses and transparency regulation.