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- Preliminary Material
- Main Text
- Part A Regulatory Matters
- Preliminary Material
- 1 The Regulation of Deposit-Taking Business
- 2 EU Banking Law
- Preliminary Material
- Introduction
- Background to the EU Banking Directives
- The Deposit-taking Prohibition
- The Authorization Process
- Institutional Cooperation
- The Treaty Freedoms—General Considerations
- The Right to Establish a Branch
- The Right to Provide Services
- Provision of Services from within the Home State
- Free Movement of Capital and Banking Services
- The Commission Interpretative Communication
- Ring-fencing
- Conclusions
- 3 The Conduct of Retail Banking and Investment Business
- 4 The Regulation of Lending Business
- Preliminary Material
- Introduction
- Consumer Credit
- Mortgage Regulation
- The Lending Code
- 5 The Regulation of Payment Services
- Preliminary Material
- Introduction
- Implementation of the Payment Services Directive
- Payment Services
- The Authorization Requirement
- Authorized Payment Institutions
- Conduct of Business Requirements
- Rights and Obligations of Providers and Users
- Access to Payment Systems
- The Payment Accounts Directive
- Powers of the FCA
- The Single Euro Payments Area
- 6 Capital Adequacy, Liquidity, and Large Exposures
- 7 Money Laundering Legislation
- Preliminary Material
- Introduction
- International Background
- Overview of the United Kingdom Regime
- The Money Laundering Regulations 2007
- Proceeds of Crime Act 2002
- 7.35
- 7.36
- ‘Criminal Property’ and ‘Criminal Conduct’
- Concealing Criminal Property
- Acquisition, Use, and Possession of Criminal Property
- Arrangements Relating to Criminal Property
- The Regulated Sector Offence
- The Disclosure Defence
- The ‘Reasonable Excuse’ Defence
- The Foreign Legality Defence
- The ‘De Minimis’ Defence
- Offences by the MLRO
- Tipping off—Regulated Sector
- Terrorist Financing
- Civil Consequences of Money Laundering Legislation
- 8 The Market Regulators
- Part B Merger, Reorganization, and Insolvency of Banks
- Preliminary Material
- 9 UK Bank Mergers and Business Transfers
- 10 Foreign Bank Mergers
- 11 Bank Rescues and Financial Stability in the United Kingdom
- Preliminary Material
- Introduction
- Collapse of Northern Rock
- Banking (Special Provisions) Act 2008
- Other Financial Crisis Events
- Banking Act 2009
- The Stabilization Options
- Bank Insolvency
- Bank Administration
- Interbank Payment Systems
- Emergency Liquidity Assistance
- Other Forms of Assistance to the Financial Markets
- Conclusions
- 12 Cross-Border Reorganization and Winding Up of Banks
- 13 Deposit Protection Schemes
- 14 The Liability of the Regulator
- Part C The Banker–Customer Relationship
- Preliminary Material
- 15 The Banker–Customer Contract
- 16 Cheques
- 17 Duties of the Paying Bank
- 18 Duties of the Collecting Bank
- 19 Electronic Funds Transfers
- Part D The Bank as Service Provider
- Preliminary Material
- 20 The Bank as a Lender
- Preliminary Material
- Introduction
- Overdraft Facilities
- Term Loans
- Nature and Operation
- The Facility/Purpose
- Conditions Precedent
- Utilization
- Currencies
- Repayment
- Prepayment
- Interest
- Fees/Expenses
- Withholding Tax and Tax Gross-up
- Withholding Tax and FATCA
- Increased Costs
- Indemnities
- Representations
- Information Undertakings
- Financial Undertakings
- General Undertakings
- Events of Default/Acceleration
- Payment Mechanics
- Set-off
- Assignments and Transfers
- Governing Law
- Jurisdiction
- Conclusions
- 21 Syndicated Loans
- 22 Trading Loan Assets
- 23 Swaps and Derivatives
- 24 Bank Guarantees, Performance Bonds, and Documentary Credits
- Preliminary Material
- Introduction
- Bank Guarantees
- Performance Bonds
- Documentary Credits
- Documents Presented under a Commercial Credit
- Presentation and Examination of Documents
- Security under a Commercial Credit
- Standby Credits
- The Fraud Exception
- Damages for Failure to Pay under a Credit
- Private International Law Issues
- 25 Sources of Bank Liability
- Part E Guarantees and Security
- Preliminary Material
- 26 Guarantees
- Preliminary Material
- Introduction
- Purpose, Definition, and Characteristics
- Formalities
- Guarantees and Indemnities
- Interpretation and Liability
- Unfair Contract Terms
- Capacity to Guarantee
- Duties of the Bank to the Guarantor
- Discharge of the Guarantor
- Vitiating Factors
- Termination by the Guarantor
- Rights of the Guarantor following Payment
- Conflict of Law Issues
- 27 Security—Characterization, Formalities, and Registration
- 28 Types of Security
- 29 Charges Over Shares and Other Securities
- 30 Charges Over Receivables
- 31 Charges Over Bank Balances
- 32 Charges Over Real Estate
- 33 Charges Over Aircraft
- 34 Charges Over Ships
- 35 Financial Collateral Arrangements
- 36 Lien and Set-Off
- 37 Vitiating Factors—‘Financial Assistance’
- 38 Transactions Between Companies and their Directors
- 39 Avoidance of Security in Insolvency
- Part F Cross-Border Issues
- Preliminary Material
- 40 Banks and the Eurozone Crisis
- 41 The Banker–Customer Contract in Private International Law
- 42 Cross-Border Financial Services, Consumer Protection, and Unfair Contract Terms
- Preliminary Material
- Introduction
- Choice of Law under Rome I
- Provisions Relating to Consumer Contracts
- Financial Instruments
- Multilateral Trading Systems
- Financial Instruments/Rights Issues/Takeover Offers
- Foreign Services
- The Banker–Customer Contract
- The Impact of Domestic Consumer Protection Laws
- Conclusions
- 43 The Banker’s Duty of Confidentiality
- Preliminary Material
- Introduction
- The Applicable Law
- Nature and Scope of the Duty of Confidentiality
- Compulsion of Law
- Introductory Remarks
- Statutory Obligations of Disclosure
- Limitations on the ‘Compulsion of Law’ Exception
- Disclosure Orders Made by an English Court in relation to Materials in England
- Disclosure Orders Made by an English Court in relation to Materials held Abroad
- Disclosure Orders Made by a Foreign Court
- Interests of the Bank
- Public Interest
- Consent of Customer
- Damages for Breach
- Data Protection Act 1998
- The Wider Duty of Confidence
- Duties of Confidentiality to Third Parties
- Other Duties of Confidentiality
- Conclusions
- 44 Freezing Injunctions and International Banks
- Preliminary Material
- Introduction
- Nature and Effect of a Freezing Injunction
- Action to be Taken by the Bank
- Impact on Banker–Customer Relationship
- Relationship between the Bank and the Applicant
- Relationship between the Bank and Third Parties
- Territorial Issues
- The European Account Preservation Order
- Conclusions
- 45 Execution Proceedings and Foreign Deposits
- 46 Liability for Branch Deposits and the Impact of Foreign Law
- 47 Economic Sanctions
- 48 Customer Obligations and Foreign Law
- Part G Islamic Finance
- Preliminary Material
- 49 Islamic Finance—Principles and Structures
- 50 Islamic Finance Transactions in the Courts
- Preliminary Material
- Introduction
- English Case Law
- Malaysian Case Law
- 51 Corporate and Regulatory Issues
- 52 Harmonization and the Development of the International Islamic Financial Markets
- Part A Regulatory Matters
- Further Material
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