The Law and Practice of International Banking

The Law and Practice of International Banking

by Charles Proctor


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The Law and Practice of International Banking by Charles Proctor

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.

Product Details

ISBN-13: 9780199685585
Publisher: Oxford University Press
Publication date: 05/05/2015
Pages: 1008
Product dimensions: 9.80(w) x 7.00(h) x 2.40(d)

About the Author

Charles Proctor, Partner, Fladgate LLP

Charles Proctor is a partner at Fladgate LLP and has extensive experience advising on banking law and financial services regulation in the UK and the Far East. He is an Honorary Professor of Law at the University of Birmingham and a Visiting Professorial Fellow at the Centre for Commercial Law Studies, Queen Mary University, London.
Charles is the author of the prestigious OUP publication Mann on the Legal Aspect of Money, now in its 7th edition, and has written numerous articles on financial and banking law.

Table of Contents

Part A: Regulatory Matters
1. The Regulation of Deposit-Taking Business
2. EU Banking Law
3. The Conduct of Retail Banking and Investment
4. The Regulation of Lending Business
5. The Regulation of Payment Services
6. Capital Adequacy, Liquidity and Large Exposures
7. Money Laundering Legislation
8. The Market Regulators
Part B: Merger, Reorganisation and Insolvency of Banks
9. UK Bank Mergers and Business Transfers
10. Foreign Bank Mergers
11. Bank Rescues and Financial Stability in the United Kingdom
12. Cross-Border Reorganisation and Winding Up of Banks
13. Deposit Protection Schemes
14. The Liability of the Regulator
Part C: The Banker-Customer Relationship
15. The Banker Customer Contract
16. Cheques
17. Duties of the Paying Bank
18. Duties of the Collecting Bank
19. Electronic Funds Transfers
Part D: The Bank as Service Provider
20. The Bank as a Lender
21. Syndicated Loans
22. Trading Loan Assets
23. Swaps and Derivatives
24. Bank Guarantees, Performance Bonds and Documentary Credits
25. Sources of Bank Liability
Part E: Guarantees and Security
26. Guarantees
27. Security - Characterisation, Formalities and Registration
28. Types of Security
29. Charges Over Shares and Other Securities
30. Charges Over Receivables
31. Charges Over Bank Balances
32. Charges Over Real Estate
33. Charges Over Aircraft
34. Charges Over Ships
35. Financial Collateral Arrangements
36. Lien and Set-Off
37. Vitiating Factors - "Financial Assistance" and Transactions with Directors
38. Transactions between Companies and their Directors
39. Avoidance of Security in Insolvency
Part F: Cross Border Issues
40. Banks and the Eurozone Crisis
41. The Banker-Customer Contract in Private Internatiobnal Law
42. Cross-Border Financial Services, Consumer Protection and Unfair Contract Terms
43. The Banker's Duty of Confidentiality
44. Freezing Injunctions and International Banks
45. Execution Proceedings and Foreign Deposits
46. Liability for Branch Deposits and the Impact of Foreign Law
47. Economic Sanctions
48. Customer Obligations and Foreign Law
Part G: Islamic Finance
49. Islamic Finance - Principles and Structures
50. Islamic Finance Transactions in the Courts
51. Corporate and Regulatory Issues
52. Harmonisation and the Development of the International Islamic Financial Markets

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