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"Tyree's Banking Law in New Zealand, 3rd edition examines the impact of evolving technology, case law and new legislation regarding electronic transactions, money laundering and terrorism. An authoritative guide to the New Zealand experience of banking law, Tyree's Banking Law in New Zealand, 3rd edition is essential reading for practitioners, the wider banking industry and students of banking law. The book comprehensively examines the policies, theory, and practicalities governing transactions, banking relationships, monetary regulation and remedies of the banking industry."--Wolters Kluwer New Zealand website.
New Zealand is generally perceived as a high tax country and has consequently not been a target in the international campaign against offshore tax havens. The fact is that New Zealand offers secretive zero tax structures for offshore activities and perhaps even more remarkable, a legal framework that allows for virtually anyone to start a Bank without being subject to any capital or qualification requirements. New Zealand Offshore Finance Companies are Banks, both in a legal and practical sense, but not Registered Banks under supervision of the Reserve Bank of New Zealand. While there are laws in New Zealand regulating financial activities, there are no regulatory entry barriers as such for the business of banking when services are offered to non-residents only (offshore). This book will teach you how to form and register a New Zealand Company online and how to obtain registration as a bona fide Financial Service Provider (FSP) with legal capacity to offer banking services to any number of clients, resident anywhere in the world. The regulatory framework and upcoming changes to the relevant legislation are explained.
There is a widespread demand among businesses for more convenient and reliable international payment products, and inevitably this has led to calls for more predictable and consistent regulation of these products, especially in the light of such innovations as online payments and ‘stored value’ cards. Recognizing that recurring risks tend to be dealt with in similar ways by most legal regimes, this study – the first of its kind – draws on a detailed analysis of the strengths and weaknesses of existing regimes to develop an international model which incorporates both the legal elements and their practical application. In building his model, the author addresses the fundamental questions in the law of payment services: Who bears the risk of unauthorised payments? What must be done about claims of error? When are payments completed so that they discharge the underlying liability? When can payments be reversed? These issues are examined through in-depth descriptions of payment facilities as regulated in five key jurisdictions – Australia, the United Kingdom, the European Union, Singapore, and the United States – under the headings of scope, licensing, disclosure, obligations of the parties, liability, redress, and dispute resolution. The five regimes are further measured against the key harmonization project in this field, the UNCITRAL Model Law on Credit Transfers. The discussion is illustrated with analyses of leading cases and a number of worked examples. In summary, this very useful book synthesizes a logical and useful package of regulatory measures into a model that takes into account the lessons learnt in the regulation of payment services. Businesses will warmly welcome the study’s contribution toward reducing the cost of taking a product to market across multiple jurisdictions. Policymakers and legislators will find the task of comparing the various approaches to payment services regulation and analyzing their effectiveness greatly facilitated.
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.