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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.
A comprehensive and authoritative book written from the perspective of current banking law and practice. The book pays particular attention to the needs of legal practitioners in international finance centres and, with a focus on English law, the work draws extensively on cases from Commonwealth jurisdictions for a comparative approach.
The second edition of this major reference work on banking law continues to provide authoritative analysis of current practice and the law that applies to it. Known for its broad coverage including topics such as syndicated loans, security structures, derivative products and mis-selling claims, the book tackles areas which have particular relevance to current practice. Amongst these are cross-border matters such as world-wide freezing injunctions, foreign disclosure orders, the bankers' duty of confidentiality and the impact of sanctions on banking transactions. In particular, the book provides detailed examination of various matters arising out of the Lehman collapse and the failure of the Icelandic banking system. The second edition reviews a significant accumulation of case law in these areas. Reflecting the continued growth of the Islamic finance market, there is also a detailed section on this highly specialized but increasingly important area. The new edition provides detailed consideration of the new UK and EU regulatory regimes, analyzing the respective responsibilities of the PRA and the FCA, and the establishment of new banking authorities in the EU. A separate chapter examines the new capital adequacy and liquidity regimes that will apply to banks in the wake of Basel III. It also reflects on the impact of the crisis following on from the initial assessments made in the first edition. The book examines extensively the new regimes for "ring-fencing" of retail banking business and for the resolution of failing banks, introduced at both the UK and EU levels. The text also includes a new chapter examining the challenges that the banking system would face in the event that a Member State elected to withdraw from the Eurozone - a fate which appeared to hang over Greece during the crisis and which could recur if the single currency zone faces renewed strains. Written by the editor of the leading work on monetary law, Mann on the Legal Aspect of Money, 7e, this is the most comprehensive assessment of current banking practice and the law that applies to it. It is a work of great scholarship set in practical context and benefits from the consistency and rigorousness of approach that a single author can provide.
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.
This work offers a comprehensive examination of the development and structure of the provisions for the control of international financial markets. It explores the background to the major financial crises of the late 20th-century and the nature of the global response.
Providing a wide focus on financial techniques and sector coverage on an international scale, this book gives a thorough treatment of the basic principles which affect the structuring and documentation of project financings. It studies structural, legal and contractual differences between the different sectors using project financing techniques.
In a fast changing world, everything is subject to change and the field of banking is no exception. This book, in the light of developmental changes, highlights and explains the concepts of banking and finance, and presents an up-to-date legal discussion of the subject. It is written in simple and easy-to-understand language.The text is divided into two parts. Part I covers a wide range of topics, such as money, the evolution and systems of banking, classification of banks, commercial and hi-tech banking, deployment of funds, new finance services, banker's clearing house, central banking, the Indian finance system, the Indian money market, and banking legislation in India. Part II deals with the relationship between bank and customer, bank deposits, banking instruments, bank accounts, and lending.The book is primarily intended for undergraduate students of commerce. It will also be useful to students of economics, banking professionals, chartered accountants, and all those engaged in a commercial field.Key features: Chapters are organised to enable easy understanding of terms, definitions and concepts.Includes tables and charts to clearly explain concepts.Includes modern technological developments.Provides chapter-end questions to test understanding.Read mor
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.
W Green has brought together leading figures from both academia and domestic and international practice to write this book, which features a comprehensive commentary on the Arbitration (Scotland) Act 2010
BPP Learning Media's Certificate in Offshore Banking Practice materials are aimed at those working in or hoping to pursue a career in offshore finance and will help embed knowledge and understanding of core skills and the legal, ethical and moral values of banking with an offshore context.