Ellinger S Modern Banking Law

This book looks at the UK banking in the context of general legal doctrines and banking regulation. It draws on Australian, US and Canadian examples and deals with the impact of the recent global financial crisis.

This new edition sets banking law clearly against the background of general legal doctrines and discusses its operation in the context of its wider economic function. Although focusing on English law, considerable use is made of illuminating US, Canadian, and Australian examples as well. Part One examines the different types of banks and banking organizations operating in the United Kingdom and reviews the new regulatory regime for banking under the Financial Services and Markets Act 2000. Part Two analyses the banker and customer relationship, explaining the different types of accounts available, the duties and trustee liability of banks, and the latest processes used in the clearance of cheques and money transfers. Part Three then discusses issues relating to overdrafts, bank loans, credit agreements, securities, and mortgages. Fully updated and revised to take into account the considerable changes in banking law, regulation, and practice that have taken place in recent years, this edition contains substantial new material on the new regulatory regime, electronic banking and the implications of electronic money transfers, lender liability (including liability for environmental damage), recovery of mistaken payments, syndicated lending, and on tracing and banker liability as constructive trustee.

An insight into bank secrecy in major jurisdictions, complemented by chapters on privacy, data protection, conflict of laws and exchange of information.

In recent decades, the volume of EU legislation on financial law has increased exponentially. Banks, insurers, pension funds, investment firms and other financial institutions all are increasingly subject to European regulatory rules, as are day to day financial transactions. Serving as a comprehensive and authoritative introduction to European banking and financial law, the book is organized around the three economic themes that are central to the financial industry: (i) financial markets; (ii) financial institutions; and (iii) financial transactions. It covers not only regulatory law, but also commercial law that is relevant for the most important financial transactions. It also explains the most important international standard contracts such as LMA loan contracts and the GMRA repurchase agreements. Covering a broad range of aspects of financial law from a European perspective, it is essential reading for students of financial law and European regulation.

This third edition of the Principles of Banking Law provides an authoritative treatment of both domestic and international banking law. This edition contains expanded coverage of developments in other comparable jurisdictions, internet banking services and money laundering.

A contemporary, accessible, contextual textbook, covering banking law and regulation in the modern, post-2008 environment, this is essential reading for banking law students.

Banking regulation and the private law governing the bank-customer relationship came under the spotlight as a result of the global financial crisis of 2007–2009. More than a decade later UK, EU and international regulatory initiatives have transformed the structure, business practices, financing models and governance of the banking sector. This authoritative text offers an in-depth analysis of modern banking law and regulation, while providing an assessment of its effectiveness and normative underpinnings. Its main focus is on UK law and practice, but where necessary it delves into EU law and institutions, such as the European Banking Union and supervisory role of the European Central Bank. The book also covers the regulation of bank corporate governance and executive remuneration, the promises and perils of FinTech and RegTech, and the impact of Brexit on UK financial services. Although detailed, the text remains easy to read and reasonably short; pedagogic features such as a glossary of terms and practice questions for each chapter are intended to facilitate learning. It is a useful resource for students and scholars of banking law and regulation, as well as for regulators and other professionals who are interested in reading a precise and evaluative account of this evolving area of law.