Capital Markets Derivatives and the Law

Author: Alan N. Rechtschaffen
Publisher: Oxford University Press, USA
ISBN: 9780199971541
Release Date: 2014
Genre: Business & Economics

In today's financial world overwhelmed by capital market upheaval, it is important to understand the intricacies of new regulation, and individuals must have a strong foundation in how capital markets function, as well as how financial instruments and derivatives work. Capital Markets, Derivatives, and the Law provides readers with the foundation necessary to make informed, well-reasoned decisions about capital market participation, derivative utilization, and adherence to existing and future regulations. This publication is an essential guide for attorneys and business professionals seeking an accessible resource to better comprehend the legal and business considerations of capital markets and derivatives transactions, while offering expert insight into how derivatives work. In this book, Alan N. Rechtschaffen explores the structures of derivatives as well as how they are regulated and litigated. In addition, he provides useful definitions, case law examples, and insight into structures, regulation, and litigation strategies. This Second Edition analyzes the state of the capital markets from the perspective of the acute crisis back in 2008 to the present evolution, providing the reader with the tools to recognize vulnerabilities in capital market trading activities that existed before the crisis, and those that face our global economy now, and into the future.

Banking and Capital Markets Companion

Author: Colin Paul
Publisher: Bloomsbury Professional
ISBN: 1780434928
Release Date: 2014-09-30
Genre: Law

Banking and Capital Markets Companion, 6th edition provides a clear and concise examination of the law, practice and procedure of fund raising in the banking and capital markets. It covers loans, debt securities, derivatives and security for debt using graphics, flowcharts, bullets and summaries to present the subject in an analytical format that is easy to read and recall. It is based on industry standard materials of the Loan Market Association, the International Capital Markets Association, the International Swaps and Derivatives Association and the British Bankers Association and the new edition has been comprehensively revised and updated to take account of new legislation, regulation and case law. There has been considerable change in this area of law since the last edition published. The book is updated to reflect the LIBOR (London Interbank Offered Rate) practice and sovereign debt short selling restrictions and significant case law on Marshalling and ISDA Master Agreements. The tax section is updated to take account of the 2011, 2012, 2013 and 2014 Finance Acts. Legislation and case law includes: . Financial Services Act 2012 setting up the new UK financial structure; . 2011, 2012, 2013 and 2014 Finance Acts; . Capital Requirement Directives 3 and 4; . Regulation on derivative market infrastructure (EMIR); . Short Selling Regulation; . Amendments of Prospectus Directive, Financial Collateral Arrangements, Credit agencies regulations, regulation of restrictions on selling of securities - resulting in UK orders amending domestic law. Contents: 1. Debt Finance; 2. Basics; 3. Banking; 4. Loans; 5. Debt Securities; 6. Collateral and guarantees; 7. Derivatives; 8. Opinions; 9. Sovereign Debt; 10. Taxation. Banking and Capital Markets Companion is a much-needed guide for postgraduates studying for their MA, LLM or LPC. It is also an excellent single-volume reference guide for all banking executives, practitioners and newly qualified lawyers seeking a quick answer, or a starting point for in-depth research, on a particular aspect of the subject. Previous print edition ISBN:9781847663085

Modern Financial Techniques Derivatives and Law

Author: Southern Methodist University. Institute of International Banking and Finance
Publisher: Kluwer Law International B.V.
ISBN: 9789041197818
Release Date: 2000-08-08
Genre: Law

This work examines both the UK and international regulation, as well as the case law and legislation affecting a wide spectrum of modern financial techniques. Within the scope of those financial techniques are the broad range of instruments, structures and contracts deployed by global financial markets in relation to corporate customers, sovereign entities and other public sector bodies. The essays in this collection are concerned with the nature of the modernity of financial products like derivatives, and the particularly acute challenge that they pose both to the control of financial markets by private law and by established means of regulation. Much of the book focuses on derivatives as exemplars of this broader context. The authors analyse practical and theoretical issues as diverse as credit derivatives, dematerialised securities, the ISDA EMU protocol, and the OTC derivatives market, as well as the regulation of financial products, the economics of financial techniques, and the international regulatory framework. They examine issues of private law, including the legal implications of immobilisation and dematerialisation in collateral transactions, seller liability in credit derivatives markets and fraud. The essays examine the benefits and shortcomings of various legal mechanisms and methods of financial regulation, and suggest new approaches to the questions facing the law of international finance. The essays in this book arose out of the W.G. Hart workshop on Transnational Corporate Finance and the Challenge to the Law held at the Institute of Advanced Legal Studies in London in 1998.

The Law and Practice of International Capital Markets

Author: Geoffrey Fuller
Publisher:
ISBN: 040694881X
Release Date: 2007
Genre: Capital market

This title offers comprehensive coverage of the key areas within capital markets including securitisation, derivatives, guarantees, due diligence and warrants. It provides a practical and accessible approach to the subject along with a clause by clause analysis of key documents and structures.

Derivatives Handbook

Author: Robert J. Schwartz
Publisher: John Wiley & Sons
ISBN: 0471157651
Release Date: 1997-05-23
Genre: Business & Economics

While derivatives continue to play an increasingly vital role in driving today's global financial markets, they also continue to be one of the most complicated and often misunderstood financial instruments in the marketplace. In Derivatives Handbook: Risk Management and Control, two of the field's leading experts bring together the best, current cutting-edge thinking on derivatives to provide a comprehensive and accessible resource on risk management. Derivatives Handbook presents a cogent, clear-eyed, and fresh perspective with an all-star roster of leading practitioners, academics, attorneys, accountants, consultants, and professionals who share their invaluable insights. These seasoned players provide incisive discussions on a wide range of topics, including Risk and Regulation in Derivatives Markets, Credit Derivatives, and Minimizing Operations Risk. Plus, there are comprehensive sections dedicated to case law and legal risk, risk measurement, risk oversight, regulation, and transparency and disclosure. For further guidance, Derivatives Handbook provides a concise survey of literature on some of the most significant scholarship in recent years. This book contains a wealth of probing, informative articles for not only finance professionals, but also for senior managers, corporate boards, lawyers, students, and anyone with an interest in the financial markets. Derivatives-the latest thinking, the top minds in the field, the newest applications Derivatives Handbook: Risk Management and Control brings together the latest and best thinking on derivatives and risk management from some of the world's leading practitioners, academics, attorneys, accountants, consultants, and professionals all in one acclaimed book. Robert Schwartz and Clifford Smith have created a solid resource for derivatives use. Sections include: * Risk and Regulation in Derivatives Markets * Credit Derivatives Report Card on VAR * Hedge Accounting * Minimizing Operations Risk The Board of Directors' Role * Firm-wide Risk Management An entire section of derivative case studies * Plus, a complete review of case law affecting swaps and related derivative instruments "Derivatives Handbook: Risk Management and Control covers a wide range of subjects related to risk management-including legal risks, accounting issues, the current global regulatory debate and an explanation of how to manage and measure risk. The editors have formed a truly impressive group of contributors. This book strikes a good balance throughout to focus on the significant issues in the industry and provide a broad perspective on risk management."- Gay H. Evans, Senior Managing Director, Bankers Trust International, PLC and Chairman of the International Swaps and Derivatives Association Derivatives Handbook: Risk Management and Control provides the most reliable, current information and authoritative guidance for anyone with an interest in the derivatives markets. The Contributors Brandon Becker, Tanya Styblo Beder, Harold Bierman, Jr., Wendy H. Brewer, Michael S. Canter, Andrew J. C. Clark, Christopher L. Culp, Daniel P. Cunningham, Franklin R. Edwards, Gerald D. Gay, Anthony C. Gooch, Wendy Lee Gramm, Alan Greenspan, Margaret E. Grottenthaler, Douglas E. Harris, Ludger Hentschel, Jamie Hutchinson, Frank Iacono, James V. Jordan, Linda B. Klein, Anatoli Kuprianov, James C. Lam, Robert J. Mackay, Robert M. Mark, Francois-Ihor Mazur, Joanne T. Medero, Antonio S. Mello, Merton H. Miller, John E. Parsons, Jeffrey L. Seltzer, Charles W. Smithson, and Thomas J. Werlen.

Financial Law

Author: Joanna Benjamin
Publisher: Oceana Publications
ISBN: 0199282935
Release Date: 2007
Genre: Law

The traditional financial market sectors of insurance, commercial banking, derivatives, capital markets and asset management are converging in practice, but their analysis is still largely sector-based. Financial Law offers a cross-sectoral, functional approach. It highlights anomalies in the different legal treatment of the respective sectors (suggesting law reform to some, and arbitrage opportunities to others) and identifies key trends. This book offers an integrated approach to financial law which is both useful and timely, as the markets have been converging for over two decades. Functions traditionally performed in one sector are now undertaken in another, and financial techniques are emerging which combine characteristics of different traditional transaction types. Investment banks increasingly offer new structured products in a range of alternative legal "wrappers." Securitization--particularly in association with credit derivatives--continues to be a dominant force, drawing ever more categories of business into the capital markets. Innovations such as these have been associated with a high level of legal risk, and the cross-sectoral freedoms offered by deregulation have not been fully exploited. This book presents financial law as a discrete branch of law, to be considered in the round; it will therefore provide the practitioner, scholar or regulator with a complete, unfragmented view of the subject.

Financial Markets and Exchanges Law

Author: Michael Blair QC
Publisher: OUP Oxford
ISBN: 0199601658
Release Date: 2012-11-01
Genre: Law

This new edition of the leading book on the regulation of financial market infrastructure provides timely analysis of the new UK and EU regimes as well as coverage of international securities markets and clearing systems.

Capital Markets Law and Compliance

Author: Paul Nelson
Publisher: Cambridge University Press
ISBN: 9781139471220
Release Date: 2008-01-10
Genre: Law

The Markets in Financial Instruments Directive (MiFID) is a detailed re-writing of the regulation of capital markets. To the extent those rules permit, the Financial Services Authority (FSA) is also introducing high-level 'principles-based regulation'. In response to this, Paul Nelson presents practical guidance on the regulation of the capital markets, ranging from new issues and IPOs to investment banking, broker-dealing and asset management. All laws and rules relevant to the regulation of the capital markets are explained and put into context within the economic operation of markets, institutions and products, the European Single Market, the FSA's policies and objectives, the historical evolution of the regulations and the general civil and criminal law. Drawing on 30 years' experience as a practitioner, and referring to a vast range of supporting materials, the author provides an insightful analysis and critique of the rules, the rule makers and the institutions.

Capital Markets in India

Author: Rajesh Chakrabarti
Publisher: SAGE Publishing India
ISBN: 9789351509479
Release Date: 2010-11-10
Genre: Business & Economics

This book provides a comprehensive picture of the recent trends and developments in the Indian finance scenario. It provides the reader with: " A comprehensive description and assessment of the Indian capital markets " An analytical approach together with a description of major recent developments and the current status of the finance sector The collection deals with issues like brokerage, security analysis, and underwriting, as well as the legal infrastructure of the markets. It focuses primarily on the Indian stock markets, corporate bond markets and derivatives markets. It also looks at the importance of asset management companies such as those involved with mutual funds, pension funds and venture capital funds to gain a better understanding of the asset management industry in India. This volume has a distinctive and eclectic author list that includes academicians, a prominent corporate lawyer from India, top executives from the leading stock exchange in India, and the head of a key private investment research company, all of whom represent the best in their respective fields.

Capital Markets Handbook

Author: John C. Burch
Publisher: Aspen Publishers
ISBN: 0735550328
Release Date: 2005
Genre: Law

Capital Markets Handbook, Sixth Edition is the definitive desk reference for capital market professionals and a complete resource for anyone working in the financial markets field. Written by seasoned professionals in association with the SIA, Capital Markets Handbook covers the latest developments in major securities legislation, and all aspects of documentation, underwriting, pricing, distribution, settlement, immediate aftermarket trading of new issues, compliance issues, a glossary, a bibliography, and appendices containing the full text of the primary statutes and regulations. The Sixth Edition includes coverage of new developments, including compliance issues such as: New amendments to NASD Rule 2710 ("The Corporate Financing Rule") governing underwriting compensation Updates on PIPE and Registered Direct Transactions Amendments to Rule 10b-18 governing corporate repurchase of equity securities Online Dutch auction procedures in use for the Google, Inc. IPO United Kingdom Financial Service Authority guidance on conflict of interest regarding pricing and allocation issues which have been adopted by one major U.S. investment bank Amendments to Rule 105 Regulation M concerning short selling in connection with public offerings Currency conversion in settlement of a global offering NASD Rule 2790-Restriction on the Purchase and Sale of IPO equity securities NASD IPO Distribution Manager procedures for filing with NASD Corporate Financing Proposed NASD Rule 2712 concerning allocation and distribution of shares in an initial public offering A reorganized compliance chapter in a checklist format designed to ease and enhance CEO and CFO Compliance Certification required by a proposed amendment to NASD Rule 3010 (Supervision) and the adoption of Interpretive Material 3010-1 And more

The Derivatives Revolution

Author: Raffaele Scalcione
Publisher: Kluwer Law International B.V.
ISBN: 9789041134301
Release Date: 2011-01-01
Genre: Law

It is now widely recognized that an uncontrolled "derivatives revolution" triggered one of the most spectacular worst-case scenarios of modern times. This book - the most cogent legal analysis of the subject yet to appear in any language - lays bare the core role played by the failure to adequately regulate derivatives in the financial crisis of recent years. The author's insistence that derivatives must be viewed not as profit-seeking investments but as risk management tools - and his well-grounded prescriptions to ensure that they are regulated in that way - sheds clear light on the best way for companies, financial institutions, and hedge funds to move forward in their use of these useful but highly hazardous instruments. This book clearly shows how such elements as the following fit into the legal analysis of derivatives, and how proper regulation will preserve their usefulness and economic value: ; derivatives allow for the most efficient and cost-effective risk fractioning, hence risk taking, techniques ever conceived; derivatives allow for all measurable and identifiable risks that may exist in modern finance; the ability to isolate risks and insure against risk exposures is the key to the very survival of modern financial markets; risk buyers effectively take on financial exposure to various types of risk while hedgers unload unwanted exposures; derivatives allow domestic investors to acquire exposure to foreign markets without the necessity of dealing with foreign laws, foreign investments, currency exchange, or foreign fiscal regimes; derivatives increase social welfare by making it easier and less expensive to carry out many types of financial transactions; derivatives allow governments to insulate, manage, hedge or concentrate risks deriving from financial, meteorological, and even geopolitical exposure; and derivatives allow radical changes to financial and risk structure to be performed silently and rapidly. To the question: how do we ensure that a company trading derivatives is regulated effectively? this work offers a clear and convincing answer. The author's detailed recommendations for regulatory and corporate governance measures are designed to prevent excessive risk taking, the emergence of rogue traders, and ultimately the emergence of another systemic disturbance caused by chains of derivatives-related losses.

The Consequences of the Global Financial Crisis

Author: Wyn Grant
Publisher: Oxford University Press
ISBN: 9780199641987
Release Date: 2012-05-24
Genre: Business & Economics

Systematically exploring the consequences of the global financial crisis, this text focuses primarily on the impact on policy and politics. It asks how governments responded to the challenges that the crisis has posed, and the policy and political impact of the combination of both the crisis itself and these responses.