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Financial Law in the Netherlands

Financial Law in the Netherlands Author Marcel C. A. Nieuwenhuijzen
ISBN-10 9789041128577
Release 2010
Pages 536
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The Netherlands is one of a handful of countries in which bank enterprise and national financial law give rise to a large number of international financial transactions. It is important then for practitioners in other countries to gain more than a notional understanding of the specific features of Dutch financial law, as well as a clear working knowledge of how Dutch financial law interacts with supranational regulatory and policy regimes affecting financial transactions. Toward this end, this very useful book provides a practical but nevertheless thorough survey of Dutch financial law, with lucid explanations of such topics as the following: specific rules applicable to investment institutions; specific rules applicable to debt instruments; offering securities in both primary and secondary markets; set-off and calculation of obligations of market participants (netting); structures for custody and book-entry transfer of securities; obtaining and terminating listings; mandatory bids, competing bids, friendly and unfriendly bids under public offering regulations; alternative investment funds and fund governance; meaning, jargon and function of derivatives, forwards, futures, options, swaps, etc.; securities repurchase and lending transactions; covered bond regulations; caretaking duties in private and public law; structure of legal proceedings of a prospectus liability claim; unfair commercial practices rules; case law in insider trading and market manipulation; and securities litigation in Dutch private, criminal, and administrative law. Written in clear, easy-to-follow English, this book makes Dutch financial law accessible to lawyers, business persons, and others whose work entails financial transactions in the Netherlands. It also serves as an admirable text for students and academics in the field of financial law.

Banking and Securities Regulation in the Netherlands

Banking and Securities Regulation in the Netherlands Author Bas Jennen
ISBN-10 9789041128638
Release 2010
Pages 194
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This book's primary goal is to give a non-Dutch lawyer a basic understanding of the Dutch financial regulatory environment. In most countries financial regulation is not the easiest accessible area of the law and the Netherlands is no exception. For anyone involved in the Dutch financial industry this book will prove an indispensable tool to have some meaningful insights into the Dutch regulatory landscape.

A Bank s Duty of Care

A Bank s Duty of Care Author Danny Busch
ISBN-10 9781509912612
Release 2017-08-24
Pages 472
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In recent years, an increasing number of clients and third parties have filed claims against banks such as for mis-selling financial products, poor financial advice, insufficient disclosure of and warning about financial risks. The scope of a bank's duty of care seems to expand, not only to include protection of consumers against unclear risks of complicated products but also protection of professional parties against more obvious risks of relatively straightforward products. This topic raises many questions, both at a theoretical and practical level. This book provides a rich source of information about how various jurisdictions (Germany, Austria, France, Italy, Spain, the Netherlands, England and Wales, Ireland, and the United States of America) deal with these questions and how answers are found or embedded in their national legal systems. The book also contains a detailed chapter on the MiFID I and II conduct-of-business provisions. Finally, the book provides a thorough comparative analysis and perspective.

International Investment Law and the Global Financial Architecture

International Investment Law and the Global Financial Architecture Author Christian J. Tams
ISBN-10 9781785368882
Release 2017-02-24
Pages 384
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This book explores whether investment law should protect against such regulatory measures, including where these have the support of multilateral institutions. It considers where the line should be drawn between legitimate regulation and undue interference with investor rights and, equally importantly, who draws it.

Research Handbook on Crisis Management in the Banking Sector

Research Handbook on Crisis Management in the Banking Sector Author Matthias Haentjens
ISBN-10 9781783474233
Release 2015-10-30
Pages 624
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In this timely Handbook, over 30 prominent academics, practitioners and regulators from across the globe provide in-depth insights into an area of law that the recent global financial crisis has placed in the spotlight: bank insolvency law. Research Handbook on Crisis Management in the Banking Sector discusses the rules that govern a bank insolvency from the perspectives of the various parties that are affected by these rules. Thus, whilst many bank insolvency rules have been enacted only recently and their application is still clouded by a host of uncertainties, this book takes the perspectives of the relevant authorities, of the bank and of the bank’s counterparties. Providing a comprehensive approach to crisis management in the banking sector, this Handbook will prove a valuable resource for academics, postgraduate students, practitioners and international policymakers.

Introduction to Dutch Law

Introduction to Dutch Law Author Jeroen M. J. Chorus
ISBN-10 9789041125071
Release 2006-01-01
Pages 549
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A standard legal resource since its first edition in 1978, Introduction to Dutch Law has proven itself the ideal overview of Dutch law for foreign lawyers. The Fourth Edition updates the subject with continuing changes in the Civil Code, including the major new law of succession of 2003, and with the ongoing Europeanisation of Dutch law observable in all legal areas, most recently in criminal procedural law. The various chapters have been written by experts¿scholars, practitioners, jurists in particular fields, and provide an authoritative overview. The history of Dutch law is discussed, as well as Dutch legal culture, the judicial organisation, legal education, and the legal profession. This is followed by an introduction to essential issues of Dutch private and public law and Dutch labour law. The last chapter examines questions of legal philosophy. As a thorough guide to further research, Introduction to Dutch Law is unmatched. It offers practitioners, particularly foreign lawyers, a quick and reliable way into any area of Dutch law that they may be required to research. It will also be of great value to comparativists (especially those studying the influence of European law on national legal systems), scholars, and students. Like previous editions, the Fourth Edition of Introduction to Dutch Law has been prepared under the auspices of the Netherlands Comparative Law Association.

European Banking and Financial Law

European Banking and Financial Law Author Matthias Haentjens
ISBN-10 9781317483076
Release 2015-06-05
Pages 280
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In recent decades, the volume of EU legislation on financial law has increased exponentially. Banks, insurers, pension funds, investment firms and other financial institutions all are increasingly subject to European regulatory rules, as are day to day financial transactions. Serving as a comprehensive and authoritative introduction to European banking and financial law, the book is organized around the three economic themes that are central to the financial industry: (i) financial markets; (ii) financial institutions; and (iii) financial transactions. It covers not only regulatory law, but also commercial law that is relevant for the most important financial transactions. It also explains the most important international standard contracts such as LMA loan contracts and the GMRA repurchase agreements. Covering a broad range of aspects of financial law from a European perspective, it is essential reading for students of financial law and European regulation.

Corporate Law and Financial Instability

Corporate Law and Financial Instability Author Andreas Kokkinis
ISBN-10 9781351972772
Release 2017-11-20
Pages 224
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Virtually all large banks and other financial institutions in the UK and internationally are public limited liability companies whose shares are listed on one or several stock exchanges. As such, their corporate governance and, in particular, the incentives faced by their directors and senior managers are to a significant extent determined by corporate and securities law rules such as directors’ duties, directors’ liability in insolvency, takeover regulation, disclosure obligations, shareholder rights and rules on executive remuneration. At the same time, systemically important financial institutions in the UK are licensed, regulated and supervised by the Prudential Regulation Authority (PRA). This book explores the relationship between, on the one hand, the broader corporate law, corporate governance and securities law framework and, on the other, the prudential regulatory framework. Although the book’s main focus is on UK law, much of the policy argumentation is relevant globally and therefore appropriate international comparisons are drawn, and analysis of EU law and regulation is included. The book argues that the corporate law regime, which focuses on shareholder empowerment and profit maximisation, operates as an antithesis to prudential regulatory objectives thus undermining the safety and soundness of banks and other financial institutions by encouraging risky behaviour that may be in the best interests of their shareholders, but is clearly not in the public interest.

Swiss Financial Law in the International Context

Swiss Financial Law in the International Context Author Peter Nobel
ISBN-10 9041198717
Release 2002-05-02
Pages 1050
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Swiss Financial Law in the International Context has been writing in one form or another for most of life. You can find so many inspiration from Swiss Financial Law in the International Context also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Swiss Financial Law in the International Context book for free.

The Civil Code of the Netherlands

The Civil Code of the Netherlands Author Netherlands
ISBN-10 9789041127662
Release 2009
Pages 1210
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This second edition of The Civil Code of the Netherlands will be an invaluable tool for lawyers, businessmen and students in their practice of, research or study into Dutch Law. The first edition, published in 2009, reflected the Civil Code as in effect on 1 October 2008. Since then it has been supplemented by significant new statutory provisions, the most important of which is the addition of Book 10 (Private International Law), which entered into force on 1 January 2012. The translators, who continually strive to update, improve and modernise their translation, are Hans Warendorf, a Dutch advocaat and former senior partner of a leading Dutch law firm; Richard Thomas, a solicitor of the Supreme Court of England & Wales and London partner of the international law firm Vedder Price, both experienced cross-border legal practitioners who have worked together as a translation team for more than twenty years; and Dr. Ian Curry-Sumner, founder of the Dutch legal advice firm Voorts Legal Services in Utrecht, with more than 10 years' experience translating and lecturing Dutch family and inheritance law.

The Law Practice of Offshore Banking Finance

The Law   Practice of Offshore Banking   Finance Author Edmund M. A. Kwaw
ISBN-10 0899309305
Release 1996-01-01
Pages 236
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A wide-ranging discussion of the structure, process, and law of offshore banking and finance.

Planning and Development Law in the Netherlands An Introduction

Planning and Development Law in the Netherlands  An Introduction Author F.A.M. Hobma & P. Jong
ISBN-10 9789463150125
Release 2016-07-12
Pages 151
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‘Planning and Development Law in the Netherlands’ seeks to be an accessible introduction to the extensive field of planning law. The book covers both the ‘planning side’ (the formal system) and the ‘development side’ (including the interrelations between municipalities and developers). It is primarily intended for Dutch and international students. But also researchers and practitioners outside the Netherlands seeking information about Dutch Planning and Development Law may find this a useful introduction to this complex, yet highly relevant field. Fred Hobma and Pieter Jong are lecturers in Planning and ­Development Law.

Labour Law in the Netherlands

Labour Law in the Netherlands Author A. T. J. M. Jacobs
ISBN-10 9789041122483
Release 2004-01-01
Pages 190
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The Netherlands is a small but highly densely populated country on the West coast of Europe. Having lost its colonial empire, it is devoid of much weight in foreign politics and the focus of Dutch politics over the last half century has therefore shifted to establishing and maintaining a Welfare State. In doing this, the Dutch frantically try to reconcile a competitive economy with a high degree of social protection. These efforts are made in a continuous process of corporatist bargaining between the Government and the social partners with a view to reaching agreements, often called the Poldermodel. It leads Dutch lawmakers to a never ending fine tuning of the laws of the Welfare State, also in the arena of labour law, in which often remarkable compromises are born, such as the concept of `flexicurity¿. All this made The Netherlands a kind of a `social laboratory¿, anxiously watched by numerous foreign observers, who ¿ in evaluating its products ¿ keep oscillating between `the Dutch disease¿ and `the Dutch miracle¿. This book gives an outline of the actual state of labour law and the laws governing its system of industrial relations in The Netherlands.

Controlling Capital

Controlling Capital Author Nicholas Dorn
ISBN-10 9781317374022
Release 2016-02-12
Pages 230
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Controlling Capital examines three pressing issues in financial market regulation: the contested status of public regulation, the emergence of ‘culture’ as a proposed modality of market governance, and the renewed ascendancy of private regulation. In the years immediately following the outbreak of crisis in financial markets, public regulation seemed almost to be attaining a position of command – the robustness and durability of which is explored here in respect of market conduct, European Union capital markets union, and US and EU competition policies. Subsequently there has been a softening of command and a return to public-private co-regulation, positioned within a narrative on culture. The potential and limits of culture as a regulatory resource are unpacked here in respect of occupational and organisational aspects, stakeholder connivance and wider political embeddedness. Lastly the book looks from both appreciative and critical perspectives at private regulation, through financial market associations, arbitration of disputes and, most controversially, market ‘policing’ by hedge funds. Bringing together a distinguished group of international experts, this book will be a key text for all those concerned with issues arising at the intersection of financial markets, law, culture and governance.

International Investment Law and Development

International Investment Law and Development Author Stephan W. Schill
ISBN-10 9781784711351
Release 2015-12-18
Pages 488
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International investment law has often been seen as an obstacle to sustainable development. While the connections between investment and development are plain, for a long time there has been relatively little scholarship exploring them. Combining critical reflection and detailed analysis, this book addresses the relationship between contemporary investment law and development. The book is organized around two competing visions of investment and development - as working either harmoniously or in conflict with one another. The expert contributors reflect on both of these views and analyse the social dimensions of development and its impact on investment law. Coverage includes in-depth discussion on such issues as human rights, poverty reduction, labor standards, and indigenous peoples. Students and scholars of international investment law will benefit from the informed analysis of the links between investment and development. This book will also be of use to practitioners and experts of development law who are looking for an up-to-date perspective of the field.

Renewable Energy Law in the EU

Renewable Energy Law in the EU Author Marjan Peeters
ISBN-10 9781783473199
Release 2014-12-31
Pages 352
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This timely book examines the role played by regional authorities in the EU in the transition towards renewable energy. Drawing on both academia and practice, the expert contributors explore some of the key legal questions that have emerged along the e

Netherlands Yearbook of International Law Volume 41 2010

Netherlands Yearbook of International Law Volume 41  2010 Author I.F. Dekker
ISBN-10 9067047376
Release 2011-04-21
Pages 546
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The Netherlands Yearbook of International Law was first published in 1970. It has two main aims. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union. In addition, it aims to respond to the demand for information on state practice in the field of international law. Each Yearbook therefore includes an overview of state practice of the Netherlands.