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Written for the international banking and financial services community, their advisors and offshore companies, this is the first book comprehensively to address the principles and practice of bank lending to offshore tax haven entities. Highly practical in its analysis of lending considerations via this secretive sector, it also contains a comparative study of law and practice in key offshore jurisdictions.
Dr. Kwaw provides a wide-ranging discussion of the offshore banking and finance process, structure, and law—including, among other topics, eurocurrency wholesale deposits, international funds transfers, eurocurrency syndicated loans, eurosecurities issues, securities regulation, and swap-driven financing. Kwaw discusses both the deposit and credit sides of the offshore banking and finance market, then takes readers through a hands-on description of the nature of a eurocurrency deposit, the laws governing such deposits, and the common law of funds transfers. On the credit side, Kwaw treats regulations and common law rules for offshore banking and finance, including Exchange controls, U.S. and U.K. securities regulation, and governing law issues. A useful, readable book for professionals in banking, finance, investment and their academic colleagues. Dr. Kwaw's book is a discussion of the structure and process of offshore banking and finance and the common law and regulations that govern offshore banking and finance activities. This wide-ranging introduction to the facet of offshore banking, usually referred to as the eurocurrency market, treats not only the deposit side of the eurocurrency market—the deposit and placement of wholesale funds in foreign currency—but also the process by which funds that are deposited in offshore accounts are either loaned to borrowers or transformed into other financial assests such as eurosecurities. On the deposit side of the market, Kwaw discusses the process of placing wholesale deposits into offshore accounts, and the interbank placement of such funds by eurobanks or banks that engage in wholesale transactions involving foreign currency. On the credit side he looks at the various financing methods—how the funds that are deposited in offshore bank accounts or eurocurrency accounts are then made available to investors and borrowers. The credit side thus includes the nature of syndicated eurcurrency loans, the nature and process of issuing eurobonds and other eurosecurities, and offshore financing methods such as swap-driven financing. Kwaw then examines the framework of common law rules and other regulations. From the deposit side he discusses the nature of legal relationships between parties to offshore currency deposits and parties involved in international funds transfers, then the nature of the legal relationship between offshore banks and funds transfer networks and the laws governing funds transfers. On the credit side he studies the laws governing international financial transactions, the exchange controls that may be imposed on offshore banking and financing transactions, the legal relationship between parties to syndicated eurocurrency loan agreements and the law governing them, the relationship and law covering parties to eurosecurities issues, and finally the legal relationship between parties to swap-driven financing. An important, readable, useful book for professionals in banking, finance, investment, and their academic colleagues.
Written for the international banking and financial services community, their advisors and offshore companies, this is the first book comprehensively to address the principles and practice of bank lending to offshore tax haven entities. Highly practical in its analysis of lending considerations via this secretive sector, it also contains a comparative study of law and practice in key offshore jurisdictions.
This work covers the information sought in formal legal opinions from lawyers qualified in other jurisdictions when commercial transactions or loans are being arranged. This usually concerns aspects of the jurisdiction of a borrower which are relevant to a lender's interests. The volume provides an in-depth reference source to these issues in 13 offshore jurisdictions and should be of use to those seeking preliminary information on a jurisdiction to assist offshore investment decisions.
In this publication, academics, professional and representatives of the regulatory and government sectors from the Caribbean and the United Kingdom, address the types of offshore products and functions, the offshore tax function, the legal issues involved in using the offshore trust, and regulation of the offshore sector. The Key areas of International Business vehicles, the Captive Insurance Industry the use of offshore trusts in International estate planning and the regulation and control of money laundering are also analysed. This publication represents an edited and updated collection of papers delivered at the 1998 workshop on the subject Legal Issues in Offshore International Financial Services.
The IMF Working Papers series is designed to make IMF staff research available to a wide audience. Almost 300 Working Papers are released each year, covering a wide range of theoretical and analytical topics, including balance of payments, monetary and fiscal issues, global liquidity, and national and international economic developments.
The paper takes a closer look at offshore banking—a pervasive practice that has played a role in recent crises. Offshore banking is an increasingly attractive alternative to the sometimes heavily regulated financial markets of emerging economies. From a microeconomic vantage point, offshore banks seem to exploit the risk-return tradeoff by being more profitable than onshore banks, and in many instances also more leveraged. Risks stemming from offshore activities may be easily transmitted onshore with systemic consequences. Current prudential and supervisory frameworks are broadly adequate for risk management if effectively and universally implemented.
The book contributes to wider debates involving globalization, development and international finance with its analysis of the under-researched topic of offshore finance."--BOOK JACKET.