Offers comprehensive coverage of the key areas within capital markets including securitisation, guarantees, capital adequacy, Islamic finance, prospectuses, liability management, covenants and warrants. This title explains transaction structures, the relevant documents and how statutes and case law impact on them.
This title offers comprehensive coverage of the key areas within capital markets including securitisation, guarantees, capital adequacy, Islamic finance, prospectuses, liability management, covenants, tax and legal opinions. It explains transaction structures, the relevant documents and how statutes and case law impact on them. Using a practical and accessible approach to the subject, it also benefits from a clause-by-clause analysis of key documents and structures. The Fourth edition has been fully updated to explain the impact of the Prospectus Directive (PD11)& MiFID 11 & MiFIR.New for this edition:* Private placements* Retail Bonds* Green Bonds* Governing Law, Choice of Jurisdiction & Arbitration provisions* EU Proposals for Capital Markets Union* Project Bonds* Differences & considerations in relation to emerging market issuers and sovereign issues.Updated to reflect changes in market practice & transaction structures since 2012, this title includes the latest developments to regulation of PRIIPs, the implementation of CDR4 & Capital Requirements Regulation, also the Bail-in provisions of the Recovery & Resolution Directive.
“The richness, clarity and nuances of the structure and methodology followed by the contributors make the book a very valuable tool for students... seeking to obtain a general understanding of the market and how it is regulated.” – Ligia Catherine Arias Barrera, Banking & Finance Law Review The fully updated edition of this user-friendly textbook continues to systematise the European law governing capital markets and examines the underlying concepts from a broadly interdisciplinary perspective. The 3rd edition deals with 3 central developments: the project of the capital markets union; sustainable finance; and the further digitalisation of financial instruments and securities markets. The 1st chapter deals with the foundations of capital markets law in Europe, the 2nd explains the basics, and the 3rd examines the regime on market abuse. Chapter 4 explores the disclosure system and chapter 5 short-selling and high-frequency trading. The role of intermediaries, such as financial analysts, rating agencies, and proxy advisers, is described in chapter 6. Chapter 7 explains compliance and corporate governance in investment firms and chapter 8 illustrates the regulation of benchmarks. Finally, chapter 9 deals with public takeovers. Throughout the book emphasis is placed on legal practice, and frequent reference is made to the key decisions of supervisory authorities and courts. This is essential reading for students involved in the study of capital markets law and financial law.
The second edition of this acclaimed book continues to provide a discussion of key theoretical and policy issues in corporate finance law. Fully updated, it reflects developments in the law and the markets in the continuing aftermath of the Global Financial Crisis. One of its distinctive features is that it gives equal coverage to both the equity and debt sides of corporate finance law, and seeks, where possible, to compare the two. This book covers a broad range of topics regarding the debt and equity-raising choices of companies of all sizes, from SMEs to the largest publicly traded enterprises, and the mechanisms by which those providing capital are protected. Each chapter analyses the present law critically so as to enable the reader to understand the difficulties, risks and tensions in this area of law, and the attempts made by the legislature and the courts, as well as the parties involved, to deal with them. This book will be of interest to practitioners, academics and students engaged in the practice and study of corporate finance law.
Banking and Capital Markets is a practical guide to a field that has seen a rapid rate of change in recent years. The text is divided into three parts: Part I provides a clear and accessible explanation of the fundamentals behind drafting loan facility documentation; Part II provides a thorough examination of secured lending, which is probably the most legally complex area of the banking solicitors practice; and Part III provides a straightforward introduction to capital markets financing including the process of issuing a stand-alone bond.This new edition has been revised to take account of recent legislative and procedural changes, including the conclusions of important cases in this area.
The global shift from the direct holding of securities by investors to the current intermediated holding system raises many important legal issues. These include the impact of the intermediated holding system on the rights of investors, and the enforcement of those rights against intermediaries and issuers. The cross-border nature of many holding patterns adds another layer of complexity to these issues, and reduces legal certainty. Against this, intermediation offers benefits for many investors, including the ability to hold a cross-border portfolio with one intermediary, a reduction in costs and the facilitation of the use of securities in the collateral, repo, and securities lending markets. This book covers a number of legal topics relating to intermediated securities including the history of intermediation, the benefits and problems in the current intermediated holding system, and how future legal and technological developments could help to resolve these problems while retaining the benefits of intermediation. It also examines the possible impact of FinTech on this area, in particular the potential for Blockchain to be used in the issuing, holding and settlement of securities, the extent to which this will solve some of the difficulties that currently exist, and whether the use of Blockchain will create new difficulties that will need to be overcome. This book, which originated in a series of workshops organised by the Commercial Law Centre at Harris Manchester College, Oxford, will appeal to those interested in financial and corporate law, including academics, practitioners, policy makers and students.
The first text of its kind, essential for professionals in the structured finance market. At the heart of many structured finance transactions is some form of transfer of assets - usually a sale. This book seeks to analyse an area of law that is of great practical importance but which has been largely left untouched by academics and market commentators.