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Butterworths Banking Law Handbook

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Butterworths Banking Law Handbook
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Description

Containing the legislative & regulatory materials required for those practitioners working within the banking industry, this seventh edition incorporates all the latest developments since the sixth edition, including implementation of MiFID, the Capital Requirements Directive & the FSA's changes to the Prudential Handbook for Banks.

Table of Contents

This book contains Part I - Statutes - that includes: Bank of England; Bank of England Act 1694; Bank of England Act 1946; Bank of England Act 1998; Banking; Bankers' Books Evidence Act 1879; Banking and Financial Dealings Act 1971; Banking Act 1979; Banking (Special Provisions) Act 2008; Financial Services; Financial Services and Markets Act 2000; Bills of Exchange; Stamp Act 1853; Common Law Procedure Act 1854; Bills of Exchange Act 1882; Cheques Act 1957; Bills of Sale; Bills of Sale Act 1878; Bills of Sale Act (1878) Amendment Act 1882; Bills of Sale Act 1890; Administration of Justice Act 1925; Contracts; Statute of Frauds (1677); Statute of Frauds Amendment Act 1828; Mercantile Law Amendment Act 1856; Law Reform (Frustrated Contracts) Act 1943; Corporate Bodies' Contracts Act 1960; and, Misrepresentation Act 1967. Part I also includes: Unfair Contract Terms Act 1977; Minors' Contracts Act 1987; Law of Property (Miscellaneous Provisions) Act 1989; Contracts (Applicable Law) Act 1990; Late Payment of Commercial Debts (Interest) Act 1998; Contracts (Rights of Third Parties) Act 1999; Agency; Factors Act 1889; Powers of Attorney Act 1971; Mortgages and Charges; Agricultural Credits Act 1928; Companies Act 1985; Merchant Shipping Act 1995; Companies Act 2006; Foreign Corporations; Foreign Corporations Act 1991; International Financial Organisations; International Organisations Act 1968; and, International Monetary Fund Act 1979. Part I features: International Organisations Act 1981; Multilateral Investment Guarantee Agency Act 1988; International Development Act 2002; Sovereign Immunity and Protection of Trading Interests; State Immunity Act 1978; Protection of Trading Interests Act 1980; Exports; Export and Investment Guarantees Act 1991; Money Laundering, Terrorism and Associated Issues; Terrorism Act 2000; Anti-terrorism, Crime and Security Act 2001; Criminal Justice and Police Act 2001; and, Proceeds of Crime Act 2002; Identity Cards Act 2006. Part II - Statutory Instruments - includes: Banking; Bank Accounts Directive (Miscellaneous Banks) Regulations 1991 (SI 1991/2704); Cash Ratio Deposits (Eligible Liabilities) Order 1998 (SI 1998/1130); Bank of England (Information Powers) Order 1998 (SI 1998/1270); Bank of England Act 1998 (Transfer Scheme Appointed Day) Order 1998 (SI 1998/2372) (Note); Financial Services and Markets Act 2000 (Confidential Information) (Bank of England) (Consequential Provisions) Order 2001 (SI 2001/3648); Capital Requirements Regulations 2006 (SI 2006/3221); Control of Cash (Penalties) Regulations 2007 (SI 2007/1509); Northern Rock plc Transfer Order 2008 (SI 2008/432); Bank Accounts Directive (Miscellaneous Banks) Regulations 2008 (SI 2008/567); and, Northern Rock plc Compensation Scheme Order 2008 (SI 2008/718). Part II also includes: Cash Ratio Deposits (Value Bands and Ratios) Order 2008 (SI 2008/1344); Building Societies (Financial Assistance) Order 2008 (SI 2008/1427) (Note); Bradford & Bingley plc Transfer of Securities and Property etc Order 2008 (SI 2008/2546); Heritable Bank plc Transfer of Certain Rights and Liabilities Order 2008 (SI 2008/2644); Transfer of Rights and Liabilities to ING Order 2008 (SI 2008/2666); Landsbanki Freezing Order 2008 (SI 2008/2668); Kaupthing Singer & Friedlander Limited Transfer of Certain Rights and Liabilities Order 2008 (SI 2008/2674); Financial Services; Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544); Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001 (SI 2001/1177); and, Financial Services and Markets Act 2000 (Exemption) Order 2001 (SI 2001/1201). Part II contains: Financial Services and Markets Act 2000 (Designated Professional Bodies) Order 2001 (SI 2001/1226); Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 (SI 2001/2188); Financial Services and Markets Act 2000 (Consultation with Competent Authorities) Regulations 2001 (SI 2001/2509); Financial Services and Markets Act 2000 (EEA Passport Rights) Regulations 2001 (SI 2001/2511); Financial Services and Markets Act 2000 (Communications by Auditors) Regulations 2001 (SI 2001/2587); Financial Services and Markets Act 2000 (Interim Permissions) Order 2001 (SI 2001/3374); and, Financial Services and Markets Act 2000 (Control of Business Transfers) (Requirements on Applicants) Regulations 2001 (SI 2001/3625). Part II also contains: Financial Services and Markets Act 2000 (Miscellaneous Provisions) Order 2001 (SI 2001/3650); Electronic Commerce Directive (Financial Services and Markets) Regulations 2002 (SI 2002/1775); Financial Services and Markets Act 2000 (Communications by Actuaries) Regulations 2003 (SI 2003/1294); Financial Services and Markets Act 2000 (Transitional Provisions) (Complaints Relating to General Insurance and Mortgages) Order 2004 (SI 2004/454); Financial Conglomerates and Other Financial Groups Regulations 2004 (SI 2004/1862); Financial Services and Markets Act 2000 (Transitional Provisions) (Mortgages) Order 2004 (SI 2004/2615) (Note); Investment Recommendation (Media) Regulations 2005 (SI 2005/382); and, Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2006 (SI 2006/1969). Part II features: Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No 2) Order 2006 (SI 2006/2383); Bills of Sale; Bills of Sale (Local Registration) Rules 1960 (SI 1960/2326); Contracts; Late Payment of Commercial Debts (Interest) Act 1998 (Transitional Provisions) Regulations 1998 (SI 1998/2481); Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083); Late Payment of Commercial Debts Regulations 2002 (SI 2002/1674); Mortgages and Charges; Agricultural Credits Regulations 1928 (SI 1928/667); Mortgaging of Aircraft Order 1972 (SI 1972/1268); Merchant Shipping (Registration of Ships) Regulations 1993 (SI 1993/3138); International Financial Organisations and Overseas Development & Co-Operation; Bretton Woods Agreements Order in Council 1946 (SI 1946/36); and, International Finance Corporation Order 1955 (SI 1955/1954). Part II also features: International Development Association Order 1960 (SI 1960/1383); International Monetary Fund (Immunities and Privileges) Order 1977 (SI 1977/825); European Bank for Reconstruction and Development (Immunities and Privileges) Order 1991 (SI 1991/757); Agency for International Trade Information and Co-operation (Legal Capacities) Order 2004 (SI 2004/3332); Protection of Trading Interests; Protection of Trading Interests (US Re-export Control) Order 1982 (SI 1982/885); Protection of Trading Interests (US Antitrust Measures) Order 1983 (SI 1983/900); Insolvency; Financial Markets and Insolvency (Settlement Finality) Regulations 1999 (SI 1999/2979); Credit Institutions (Reorganisation and Winding up) Regulations 2004 (SI 2004/1045); Protection of Deposits; Credit Institutions (Protection of Depositors) Regulations 1995 (SI 1995/1442); Financial Collateral; and, Financial Collateral Arrangements (No 2) Regulations 2003 (SI 2003/3226). Part II presents: The Euro and Cross-Border Transfers; Cross-Border Credit Transfers Regulations 1999 (SI 1999/1876); Protection of the Euro against Counterfeiting Regulations 2001 (SI 2001/3948); Cross-Border Payments in Euro Regulations 2003 (SI 2003/488); Markets in Financial Instruments; Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007 (SI 2007/126); Regulated Covered Bonds; Regulated Covered Bonds Regulations 2008 (SI 2008/346); Money Laundering, Terrorism and Associated Issues; Proceeds of Crime Act 2002 (Commencement Number 4, Transitional Provisions and Savings) Order 2003 (SI 2003/120); Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984 and Police and Criminal Evidence (Northern Ireland) Order 1989) Order 2003 (SI 2003/174); and, Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (SI 2003/425). Part II also presents: Ivory Coast (United Nations Sanctions) Order 2005 (SI 2005/253); Democratic Republic of Congo (United Nations Measures) Order 2005 (SI 2005/1517); Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (SI 2005/3181); Lebanon and Syria (United Nations Measures) Order 2005 (SI 2005/3432); Sudan (United Nations Measures) Order 2006 (SI 2006/1454); Terrorism (United Nations Measures) Order 2006 (SI 2006/2657); Al-Qaida and Taliban (United Nations Measures) Order 2006 (SI 2006/2952); North Korea (United Nations Measures) Order 2006 (SI 2006/2958); Iran (Financial Sanctions) Order 2007 (SI 2007/281); Electronic Commerce Directive (Terrorism Act 2006) Regulations 2007 (SI 2007/1550); Money Laundering Regulations 2007 (SI 2007/2157); and, Transfer of Funds (Information on the Payer) Regulations 2007 (SI 2007/3298). Part III - Other Materials - includes: Joint Money Laundering Steering Group Materials; Prevention of Money Laundering/Combating the Financing of Terrorism: Guidance for the UK Financial Sector - Part I (December 2007); Prevention of Money Laundering/Combating the Financing of Terrorism: Guidance for the UK Financial Sector - Part II (December 2007); Banking Codes, etc; The Banking Code (March 2008); The Business Banking Code (March 2008); The British Bankers' Association Code of conduct for the advertising of interest bearing accounts (January 2007); International Chamber of Commerce Rules and Loan Market Association Materials (Note); and, ICC Rules and LMA Materials (Note). Part IV - EC Materials - includes: Council Directive on the annual accounts and consolidated accounts of banks and other financial institutions (86/635/EEC); Council Directive on the obligations of branches established in a Member State of credit institutions and financial institutions having their head offices outside that Member State regarding the publication of annual accounting documents (89/117/EEC); Directive of the European Parliament and of the Council on deposit-guarantee schemes (94/19/EC); Directive of the European Parliament and of the Council on cross-border credit transfers (97/5/EC); Directive of the European Parliament and of the Council on investor-compensation schemes (97/9/EC); Council Regulation on certain provisions relating to the introduction of the euro (1103/97/EC); and, Council Regulation on the introduction of the euro (974/98/EC). Part IV also includes: Directive of the European Parliament and of the Council on settlement finality in payment and securities settlement systems (98/26/EC); Directive of the European Parliament and of the Council on combating late payment in commercial transactions (2000/35/EC); Directive of the European Parliament and of the Council on the taking up, pursuit of and prudential supervision of the business of electronic money institutions (2000/46/EC); Directive of the European Parliament and of the Council on the reorganisation and winding up of credit institutions (2001/24/EC); Council Regulation laying down measures necessary for the protection of the euro against counterfeiting (1338/2001/EC); European Parliament and Council Regulation on cross-border payments in euros (2560/2001/EC); and, Directive of the European Parliament and of the Council on financial collateral arrangements (2002/47/EC). Part IV contains: Directive of the European Parliament and of the Council on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council (2002/87/EC); and, Directive of the European Parliament and of the Council on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (2004/39/EC). Part IV also contains: Directive of the European Parliament and of the Council on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC (2004/109/EC); Commission Recommendation concerning authentication of euro coins and handling of euro coins unfit for circulation (2005/504/EC); Directive of the European Parliament and of the Council on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (2005/60/EC); European Parliament and Council Regulation on controls of cash entering or leaving the Community (1889/2005/EC); and, Directive of the European Parliament and of the Council relating to the taking up and pursuit of the business of credit institutions (recast) (2006/48/EC). Part IV features: Directive of the European Parliament and of the Council on the capital adequacy of investment firms and credit institutions (recast) (2006/49/EC); Commission Directive laying down implementing measures for Directive 2005/60/EC of the European Parliament and of the Council as regards the definition of politically exposed person and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of a financial activity conducted on an occasional or very limited basis (2006/70/EC); Commission Regulation implementing Directive 2004/39/EC of the European Parliament and of the Council as regards record-keeping obligations for investment firms, transaction reporting, market transparency, admission of financial instruments to trading, and defined terms for the purposes of that Directive (1287/2006/EC). Part IV also features: Commission Directive implementing Directive 2004/39/EC of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive (2006/73/EC); European Parliament and Council Regulation on information on the payer accompanying transfers of funds (1781/2006/EC); Commission Directive laying down detailed rules for the implementation of certain provisions of Directive 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market (2007/14/EC); Directive of the European Parliament and of the Council on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC (2007/64/EC); and, Appendix: Domestic Implementation of EC Directives.
Release date Australia
February 28th, 2008
Contributors
Edited by Felicity Maher (Barrister) Edited by The Hon Mr Justice William Blair
Country of Publication
United Kingdom
Edition
7th Revised edition
Imprint
Butterworths Law
Pages
2104
ISBN-13
9781405718806
Product ID
2589582

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