Bank and Customer Law in Canada
Bank and Customer Law in Canada

Author: M. H. Ogilvie

Publisher: Essentials of Canadian Law

Published: 2013

Total Pages: 527

ISBN-13: 9781552213131

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Bank and Customer Law in Canada is a concise introduction to the laws governing banking in Canada and the relationship between banks and their customers. The book includes a detailed discussion of the corporate governance structure for banks and the types of activities in which banks are permitted to engage in Canada. Foreign banks, bank subsidiaries, and bank holding companies are also covered. On the common law side, the focus is on bank account operation, including paper and electronic payment orders. The book also provides discussion and analysis of electronic banking and the challenges posed by non-bank third party payment providers to traditional banking and banks. It also includes directions to other relevant sources, including websites, so that readers can keep up-to-date on the rapid changes in electronic banking. In addition to updating caselaw and legislative developments, the second edition includes new material dealing with freezing accounts, prefunded cards, and recurring payment systems, as well as the growth of mobile payment systems and other electronic forms of payment.

FinTech
FinTech

Author: Jelena Madir

Publisher: Edward Elgar Publishing

Published: 2024-05-02

Total Pages: 719

ISBN-13: 1035314754

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This fully revised and updated third edition provides a practical examination of legal and regulatory issues in FinTech, a sector whose rapid rise in recent years has produced opportunities for innovation but has also raised new challenges. Featuring insights from over 40 experts from 10 countries, this book analyses the statutory aspects of technology-enabled developments in banking and considers the impact these changes will have on the legal profession.

Bank Collections and Payment Transactions
Bank Collections and Payment Transactions

Author: Benjamin Geva

Publisher: Oxford University Press, USA

Published: 2001

Total Pages: 575

ISBN-13: 9780198298533

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This is a study of the law governing the bank-customer relationship pertaining to the disposition of funds by cheques and credit transfers, covering both paper-based and electronic payments. The work addresses, with various degrees of detail, common law, civilian, and `mixed' jurisdictions, particularly, Australia, Canada, England, France, Germany, Israel, Italy, Japan, South Africa, Switzerland and the United States. In addition to the description of the law in these jurisdictions, the book contains an in-depth analysis of the common issues and the responses to them, in light of desired policies. Accordingly, an evaluation of the various rules and proposals for reform are integral parts of the study. The book is divided into four parts. Part I is an overview of the various legal systems and fundamentals in banking and payment law, in an overall historical context. Part II deals with the banking relationship, within which collections and payments occur. It highlights the customer contract, the deposit transaction, the mandate authorizing bank collections and payments, and the debt resulting from entries to the current account. Part III covers the performance of the mandate. It discusses extensively laws governing the payment and collection of cheques and credit transfers, in the context of actual clearing and settlement mechanisms, particularly large-value transfer systems in developed countries. Part IV is on payment systems misuse through fraud, either in theinitiation payments or in misdirecting them. It discusses cheque forgery, unauthorized electronic funds transfers, forged cheques indorsements, and misdirected funds transfers. A unique feature of the work is the integration of a cohesive analytic perspective, both doctrinal and policy-oriented, into a comparative descriptive framework. The book searches for a universal `law merchant' transcending the boundaries of the various legal systems. It is aimed at the banking and payment law specialist and student as well as to the general comparative lawyer. Its focus on both present law and reform makes it useful to both the academic and practising lawyer.