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This fully revised and updated third edition provides a practical examination of legal and regulatory issues in FinTech, a sector whose rapid rise in recent years has produced opportunities for innovation but has also raised new challenges. Featuring insights from over 40 experts from 10 countries, this book analyses the statutory aspects of technology-enabled developments in banking and considers the impact these changes will have on the legal profession.
Although electronic banking is rapidly overtaking direct bank-to-customer and bank-to-bank contact and seems to be moving forward without serious problems the law governing this telecommunication-based business is not always clearly defined in relation to certain issues that arise with ever-greater frequency, especially in cross-border transactions. This is the first book to investigate and present the applicable legal consensus for each of these important issues, based on existing legislation and relevant judicial decisions. The legal issues in question arise from such events, activities, and actualities as the following, all of which are treated in this book: determination of local jurisdiction applicability of contractual obligations; probative value of digital documents electronic evidence electronic money protection of privacy day-trading facilities web marketing of lending services electronic bills of lading Internet stock offerings electronic determination of title outsourcing of electronic banking functions Eighteen outstanding authors, bankers, lawyers, and academics contribute their expertise to elucidate the issues and their implications. They draw their legal analyses from international norms such as the UNCITRAL Model Law, relevant EC directives and draft directives, the United States Uniform Electronic Transaction Act (UETA) and E-Sign Act and other national laws, as well as from numerous court decisions in Europe and the United States. The essays are based on papers originally presented at a conference sponsored by the Law Centre for European and International Cooperation (R.I.Z.) and held at Cologne in April 2001. Legal Issues in Electronic Banking will be of great value to anyone involved in banking or financial services. It could be said that what it sets forth is nothing less than the future mode of financial transactions.
The European Union has long sought to create a single financial area across Europe where consumers in one country benefit from financial markets and activities in other countries. With the emergence of the Internet as a platform for the provision of online banking services, the creation of a pan-European market for banking services appeared a realistic proposition. In practice, however, this has not happened. This book asks why and argues that the creation of banking markets via the Internet relies on both available technologies and appropriate laws and regulations. The institutional and legal framework for online banking services in the single European market are examined, as is the level of legal harmonization achieved in the UK, France and Germany under the influence of the EU Directives pertaining to online banking activities.
This handbook provides the reader with a thorough history of banking law and illustrates how today's system of financial regulation is unlike anything else in the world. New and experienced lawyers representing banks need to understand a bank's specific structure, the importance of capital, and the new language that has formed. A reference list is included with definitions on current "Bank Speak."
Bank and Customer Law in Canada is a concise introduction to the laws governing banking in Canada and the relationship between banks and their customers. The book includes a detailed discussion of the corporate governance structure for banks and the types of activities in which banks are permitted to engage in Canada. Foreign banks, bank subsidiaries, and bank holding companies are also covered. On the common law side, the focus is on bank account operation, including paper and electronic payment orders. The book also provides discussion and analysis of electronic banking and the challenges posed by non-bank third party payment providers to traditional banking and banks. It also includes directions to other relevant sources, including websites, so that readers can keep up-to-date on the rapid changes in electronic banking. In addition to updating caselaw and legislative developments, the second edition includes new material dealing with freezing accounts, prefunded cards, and recurring payment systems, as well as the growth of mobile payment systems and other electronic forms of payment.
The Law of Banking in Nigeria - Principles, Statutes and Guidelines captures the general principles of banking law, statutes and guidelines relating to banking transactions. The book is presented in a very simple, precise, and clear language and contains three parts of thirty-one chapters in all covering the general principles of banking. It should create considerable awareness among the general public, law students, law teachers, bank customers as well as banks and bankers. Most certainly, it is a book that will assist the students and researchers in this area of law in wading through the general principles of banking law as well as the numerous Legislation and Guidelines on banking business.
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.
Analyses banking regulation and recent international developments, including Basel IV, bank resolution and Brexit, and their impact on bank governance.