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mccormick roger; stears chris - legal and conduct risk in the financial markets

Legal and Conduct Risk in the Financial Markets

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Dettagli

Genere:Libro
Lingua: Inglese
Pubblicazione: 03/2018
Edizione: 3° edizione





Note Editore

This is the third edition of the only work to focus on the topic of legal risk, expanded in this edition to include much new material specifically on conduct risk. The book has been updated to take into account developments in the law and professional standards concerning such risks and associated values in the context of the financial markets. Significant (and in some cases, endemic) conduct-related scandals, such as the widespread mis-selling of financial products and LIBOR manipulation, exposed (even precipitated) by the Financial Crisis, have resulted in legal and regulatory change in equal measure (and profound effect) to that of the prudential and financial stability concerns captured in the second edition. Consequently this new edition fully examines the current approach to trust, ethics and conduct within the broader framework of reputational and legal risk. In doing so, it clarifies what constitutes legal risk in contemporary financial markets and how to manage it, drawing on examples and case studies. Other developments in areas such as the resolution/insolvency of banks, the revision of the UK regulatory structure from the FSA to the FCA and PRA, and the recently made new crime of reckless management of a bank are all considered in full. There is also discussion of trends in areas ripe for development such as fiduciary duty amongst financial markets participants. Combining practical emphasis with theoretical depth, this is an approachable and engaging reference guide to this important and evolving area of law.




Sommario

1 - Why Legal and Conduct Risk are Important: a Short History
2 - Risk And Capital
3 - Legal and Conduct Risk in the London Market
4 - The Global Context
5 - The Lawmaker, the Regulator, and Current Preoccupations
6 - Market and Regulatory Failure
7 - The Initial Impact of the Financial Crisis on Financial Markets
8 - The Initial Legal and Regulatory Responses to the Financial Crisis in the UK
9 - The Initial Response to the Financial Crisis by the EU and Elsewhere
10 - The Impact of the LIBOR Scandal: Concerns about Misconduct & Findings of the Conduct Costs Project
11 - Sustainability, Responsibility, Public Trust, Ethical Drift and the 'Social Licence' Concept
12 - Ethics & Banking Standards
13 - Financial Services Act 2012: Changes to Regulatory Architecture
14 - Financial Services (Banking Reform) Act 2013
15 - Individual Accountability
16 - General Legal and Conduct Risk Implications of the Crises and Regulator-led Redress
17 - Legal and Conduct Risk in a Globalizing Financial Market
18 - The Role of International Institutions in Financial Law Reform
19 - Brexit
20 - A Landmark Case and its Aftermath
21 - A Case of Conceptual Impossibility
22 - Settling Differences
23 - Definition
24 - Sources of Legal Risk
25 - Causation
26 - Property Interests in Indirectly Held Investment Securities
27 - Vague Laws
28 - Recharacterization
29 - The Essentials of Legal and Conduct Risk Management
30 - Lawyers' Responsibility for the Management of Legal and Conduct Risk
31 - Metrics in Conduct Risk and Reputational Management: Predictions and Perception
32 - Managing the "Grey Areas"; Standards, Scenario Analysis and Case Studies
33 - A Convergence of Agendas




Autore

Roger McCormick is a past Director of the Sustainable Finance Project at London School of Economics and Political Science, and a past Visiting Professor at LSE. He is now the Managing Director of CCP Research Foundation .He retired from full-time private legal practice in 2004, having practised law in the City of London for nearly thirty years. Chris Stears is a solicitor, a fellow of the Chartered Institute for Securities & Investment, Research Director at CCP Research Foundation, and principal and general counsel at Medius Consulting.










Altre Informazioni

ISBN:

9780198749271

Condizione: Nuovo
Dimensioni: 252 x 42.9 x 177 mm Ø 1346 gr
Formato: Copertina rigida
Pagine Arabe: 704


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