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The book includes chapters on what multi-bank financing is and who does it, relevant areas of law (including contract, torts, insolvency, tax, and statutes, such as the Bank Act), the mechanics of arranging loan syndications and loan participations, financial accommodation used (direct loans, bank guarantees, letters of credit, and bankers' acceptances), legal relations between parties in loan syndications and loan participations, rights and duties of the agent bank, securities regulation issues in loan syndications and loan participations, and accounting and tax issues in loan syndications and loan participations. Agasha Mugasha argues that loan syndications, loan participations, and related practices are commercial transactions between sophisticated parties and should be analysed and regulated as such. Sample documents for syndicated facility agreements, participation agreements, sale and participation agreements, and standby letters of credit are provided in appendices. Based on law in Canada, particularly Ontario, The Law of Multi-bank Financing includes discussions of a significant body of United States jurisprudence as well as the most important court decisions in other common-law countries.
Combining doctrinal, practical, and comparative approaches The Law of Multi-bank Financing provides a comprehensive analysis of the legal and regulatory facets of multi-bank financing (particularly loan syndications and loan participations) as well as developing a conceptual framework that allows a consistent and rational approach to these financial practices.
This new work provides analysis of the legal and regulatory facets of syndicated loans, secondary loan market practice and other related financial practices. Acknowledging the dynamic growth in the secondary loan market Mugasha covers loan trading, credit derivatives, collateralised debt obligations, loan trading, mezzanine and hybrid debt solutions - all topical issues for structured finance lawyers. Practices have changed noticeably over recent years and Mugasha addresses new legalissues that have arisen. Firstly, there are new methods of conducting business, through electronic trading platforms, the internet and a wide range of information providers (Capital Data, LoanWare and rating agencies). Secondly, regulatory aspects have evolved and initiatives like Basel II and the Equator Principles 2003, and are examined, as are the roles of significant players such as the Loan Syndications and Trading Association and the Loan Market Association. As multi-bank financingremains a major instrument of commerce and finance in the national and international arenas and is notoriously complex, banking and corporate finance lawyers and in-house counsel at banks will value this practical text
Governance and law are today firmly on the agenda of the World Bank and other international financial institutions. As the scope of the governance agenda expands, so does the need to discuss and analyse the variety of factors that should be taken into account to ensure success in the implementation of governance-related projects. This book, written by a distinguished group of lawyers and practitioners from developed and developing countries, addresses a wide range of issues related to governance both at the local and international levels. It covers topics that have long been on the governance agenda, such as judicial training, privatisation, financial sector reform and various aspects of capacity building. It also covers many issues that have only recently become part of the development agenda, such as legal education, the politics of institution building in rural and urban communities and the role of political parties in the establishment of democracy. It includes studies that explore the often neglected links between the structures of domestic governance and the growing number of international economic law rules in the areas of trade, investment, technology transfer and the environment.
Bank Liquidity Creation and Financial Crises delivers a consistent, logical presentation of bank liquidity creation and addresses questions of research and policy interest that can be easily understood by readers with no advanced or specialized industry knowledge. Authors Allen Berger and Christa Bouwman examine ways to measure bank liquidity creation, how much liquidity banks create in different countries, the effects of monetary policy (including interest rate policy, lender of last resort, and quantitative easing), the effects of capital, the effects of regulatory interventions, the effects of bailouts, and much more. They also analyze bank liquidity creation in the US over the past three decades during both normal times and financial crises. Narrowing the gap between the "academic world" (focused on theories) and the "practitioner world" (dedicated to solving real-world problems), this book is a helpful new tool for evaluating a bank's performance over time and comparing it to its peer group. - Explains that bank liquidity creation is a more comprehensive measure of a bank's output than traditional measures and can also be used to measure bank liquidity - Describes how high levels of bank liquidity creation may cause or predict future financial crises - Addresses questions of research and policy interest related to bank liquidity creation around the world and provides links to websites with data and other materials to address these questions - Includes such hot-button topics as the effects of monetary policy (including interest rate policy, lender of last resort, and quantitative easing), the effects of capital, the effects of regulatory interventions, and the effects of bailouts