Law

Law and Practice of Modern Banking is a comprehensive and authoritative work on the law of banking, paying particular attention to the needs of legal practitioners in international finance centres. This is the first major banking law text to publish for some years and it provides a fresh approach to banking law by taking into account recent major developments in the field. Such developments include the increasing growth of cross-border transactions and problems, the rise of electronic banking and payment systems, the appearance of Islamic finance on the world stage, and policy, practice and regulatory matters resulting from the banking crisis. The work includes unique coverage of syndicated loans and security structures, as well as an explanation of the supervisory liability issues raised by the BCCI litigation. The coverage of the effects of the recent 'banking crisis' includes commentary on the Icelandic bank situations, deposit protection and government interests, derivative products and mis-selling claims, and discussion relating to recent legislation to facilitate mergers of financial institutions in the UK. The book also addresses difficult and uncertain areas of law including cross-border matters such as worldwide freezing injunctions, foreign disclosure orders and bankers' duty of confidentiality. Reflecting the growth of interest in Islamic finance, there is a detailed section on this highly specialized but increasingly important area. There is consideration of regulatory developments at international level including discussion of legal issues arising from Basel II, such as credit risk mitigation. With a focus on English law, the work draws extensively on authorities Commonwealth jurisdictions for a comparative approach.PART A. REGULATORY MATTERS ; 1. The Regulation of Banking ; 2. The Conduct of Banking Business ; 3. Money Laundering Legislation ; 4. Consumer Credit (and Mortgage) Regulation ; 5. Capital Adequacy ; 6. The Role of the Bank of England in the Financial System ; PART B. REORGANISATION, WINDING UP AND DEPOSIT PROTECTION ; 7. The Reorganisation of Banking Business ; 8. Foreign Bank Mergers ; 9. Reorganisation and Winding Up ; 10. Deposit Protection Schemes ; 11. The Extent of Supervisory Liability for Banking Failures ; PART C. THE BANKER-CUSTOMER RELATIONSHIP ; 12. Banker and Customer ; 13. Nature of the Mandate ; 14. Cheques ; 15. The Banker's Duty of Confidentiality ; PART D. THE BANK AS A SERVICE PROVIDER ; 16. The Bank as a Lender ; 17. Interest in the Context of the Banker-Customer Relationship ; 18. Bank Guarantees, Performance Bonds, Letters of Credit ; 19. Internet Banking ; 20. Electronic Money ; 21. Funds Transfers ; 22. Liabilities and Risk ; PART E. GUARANTEES AND SECURITY ; 23. Guarantees and Security ; 24. Vitiating Factors ; 25. Avoidance of Security in Insolvency ; PART F. SELECTED CROSS-BORDER ISSUES ; 26. The Banker-Customer Relationship in Private International Law ; 27. English Court Orders and Foreign Deposits ; 28. Effect of Foreign Law on Deposit Obligations ; 29. Liability for Branch Deposits ; PART G. ISLAMIC FINANCE ; 30. The Principles of Islamic Finance ; 31. Islamic Finance Products ; 32. The Regulation of Islamic Finance