Статті в журналах: "Financial Services Law"

1

Usher, J. A. "Financial Services in Eec Law." International and Comparative Law Quarterly 37, no. 1 (January 1988): 144–54. http://dx.doi.org/10.1093/iclqaj/37.1.144.

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2

Yeoh, Peter. "Teaching ethics in financial services law." Law Teacher 44, no. 1 (February 10, 2010): 59–74. http://dx.doi.org/10.1080/03069400903541351.

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3

Usher, John A. "Financial Services: Some Taxing Problems." Zeitschrift für europarechtliche Studien 4, no. 2 (2001): 243–61. http://dx.doi.org/10.5771/1435-439x-2001-2-243.

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4

McVea, Harry. "FINANCIAL SERVICES REGULATION UNDER THE FINANCIAL SERVICES AUTHORITY: A REASSERTION OF THE MARKET FAILURE THESIS?" Cambridge Law Journal 64, no. 2 (July 7, 2005): 413–48. http://dx.doi.org/10.1017/s0008197305006914.

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DESPITE the fact that the “nature, role and form” of financial market regulation has varied—sometimes significantly—from jurisdiction to jurisdiction, traditionally there has been a remarkable degree of unanimity about the need for comprehensive regulatory controls governing the operations of financial institutions and the financial markets more generally. In essence, this consensus derives from a conception of financial markets as being sufficiently distinct from other kinds of economic activity, such as manufacturing electrical goods, or the marketing of adventure holidays, to require extensive regulation and oversight. From a descriptive point of view, the inspiration for much of this regulation—at least in its statutory form—can very often be traced to various reactions to financial crises. In the US, for example, extensive Federal Securities legislation, which has been in place since the 1930s, was Congress’s response to bank runs and alleged financial abuses in the depression era.

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5

Chirico, Alessandra. "Outsourcing in the Financial Services Industry." European Business Law Review 21, Issue 1 (February 1, 2010): 89–100. http://dx.doi.org/10.54648/eulr2010007.

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This short article analyses supervisory authorities’ responses to what they see as the most important risks related to outsourcing by banks in their country and how these risks have been mitigated through prudential regulation. It appears that many supervisors are concerned about the fact that banks lose direct control over outsourced activities, and see potentially high operational risks (i.e., business continuity threat or operational failures). In second instance, supervisors appear to share concerns that banks may lose certain internal skills and that they become too dependent on a small number of outsourcing companies. Indeed, a high concentration in the market for outsourcing with only a few service providers may lead to an excessive dependence and high switching costs. The MiFID provisions on outsourcing are central under this respect.

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6

De Koker, Louis, Nicholas Morris, and Sue Jaffer. "Regulating Financial Services in an Era of Technological Disruption." Law in Context. A Socio-legal Journal 36, no. 2 (February 26, 2020): 1–24. http://dx.doi.org/10.26826/law-in-context.v36i2.98.

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Financial regulators are challenged to respond to the innovation opportunities presented by financial technology (fintech). Current rules are not necessarily sufficient or effective to adequately regulate new business models and new products relating to innovations such as crypto assets or digital financial services. Regulators that fail to respond in a timely manner may drive innovation offshore and deprive their markets and consumers of appropriate, new services. To respond to new financial innovation, regulators have been establishing innovation hubs and regulatory sandboxes. Innovation hubs enable them to engage innovators more effectively. Sandboxes allow the products to be tested in a controlled environment and enable to regulator to consider whether existing laws are appropriate to regulate such products and, of not, what measures may be required. Sandboxes are however resource intensive and they hold a number of risks. Financial regulators are, of course, not alone in having to address the regulatory challenges of innovation. This article therefore also considers other non-financial regulatory experiences of innovative products and services, namely automated vehicles; emissions trading in China; and Uber and its clones, to consider whether those experiences hold lessons for financial regulators.

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7

Geernaert, Amaury, and Ward Lietaert. "Case Law Note: The Volkswagen Financial Services Case." Intertax 47, Issue 4 (April 1, 2019): 414–15. http://dx.doi.org/10.54648/taxi2019040.

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8

MacNeil, Iain. "The Future for Financial Regulation: The Financial Services and Markets Bill." Modern Law Review 62, no. 5 (September 1999): 725–43. http://dx.doi.org/10.1111/1468-2230.00233.

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9

McMahon, Joe, and Niamh Moloney. "III. Financial Market Regulation in the Post-Financial Services Action Plan Era." International and Comparative Law Quarterly 55, no. 4 (October 2006): 982–92. http://dx.doi.org/10.1093/iclq/lei140.

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After a hectic period of law reform, which has also provoked major governance reforms in the form of significantly increased levels of transparency and market consultation and major institutional innovations (with allied accountability and governance risks), the 1999 Financial Services Action Plan (FSAP)1 has now been completed. It has radically transformed the regulatory landscape for financial services in the EC, and set a seal on the recharacterization of EC financial services law from a minimum harmonization-based market construction regime to a highly interventionist and increasingly sophisti-cated market regulation system. In particular, the coincidence of legislative reform under the FSAP with the development of a new institutional process for law-making, which has rapidly become embedded in the financial market architecture (the Lamfalussy process),2 produced a reform agenda of immense depth and range. The FSAP period has also seen the use and development of a wide range of regulatory tools in EC financial services policy in line with the growing sophistication of the regulatory regime. While disclosure has long been a key policy tool of EC financial services law, the FSAP saw a closer focus on conflict of interest management across the financial sector, on more interventionist controls such as transparency, suitability, and best execution requirements, and on calibrating regulation to different investor profiles and different market risks. This article considers a selection of key recent developments.

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10

Cherednychenko, Olha O. "Principles of European Law on Financial Service Contracts?" European Review of Private Law 16, Issue 3 (June 1, 2008): 443–68. http://dx.doi.org/10.54648/erpl2008037.

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Abstract: Financial services have become increasingly important in the EU. Such services are essential not only for the everyday life of EU citizens, but also for the EU economy at large. This fact explains the large number of EC specific regulatory measures taken in the area of financial services which directly or indirectly affect financial service contracts. In 2003, however, the Commission initiated an action of a more general character which may have important implications for the regulation of financial services in the EU: the drafting of a so–called ‘Common Frame of Reference’ (CFR). An academic draft CFR (DCFR) has recently been published. It includes inter alia a slightly modified version of the Principles of European Law on Service Contracts (PEL SC). The PEL SC contain general provisions applicable to all types of services and specific rules for six categories of services. Financial services, however, are explicitly excluded from the scope of application of the PEL SC. This contribution explores whether and to what extent a module on Principles of European Law on Financial Service Contracts (PEL FSC) can be embedded in the PEL SC and hence in the DCFR. The authors conclude that such a module would fit in the current system. In their view, the inclusion of the PEL FSC in the DCFR would make an important contribution to the creation of a coherent structure of rules on service contracts in general, and financial–service contracts in particular. The authors wish to thank Martine Boonk and Martin Siller for translating the abstract into French and German. Résumé: Les services financiers sont devenus de plus en plus importants dans l’UE. De tels services sont essentiels non seulement dans la vie quotidienne des citoyens européens, mais aussi pour l’économie de l’UE en générale. Pour cette raison, un grand nombre de réglementations sectorielles ont été prises par l’UE dans le domaine de services financiers. Cette réglementation spécifique affecte, directement ou indirectement, les contrats de service financier. En 2003, la Commission a lancé un plan d’action plus général, ce qui peut avoir des implications pour la régulation des services dans l’UE: le projet dit le ‘Cadre Commun de Référence’ (CCR). Récemment, le projet académique de CCR (PCCR) a été publié. Ce projet comprend, entre autres, une version quelque peu modifiée des Principles of European Law on Service Contracts – Contrats de Service – (PEL SC). Les PEL SC contiennent des dispositions générales qui s?appliquent à tous types de services, et aussi de la réglementation spécifique pour six catégories de services. Les services financiers sont néanmoins exclus de la portée des PEL SC. Cette contribution étudie jusqu’à quel point un module sur les Principles of European Law on Financial Service Contracts – Contrats de Service Financier – (PEL FSC) peut être incorporé dans les PEL SC, et peut, en conséquence, être inclus dans le PCCR. La conclusion des auteurs est qu’un tel modèle cadre bien avec le système actuel. Dans l’opinion des auteurs, l’inclusion des PEL FSC dans le PCCR peut faire une contribution importante à la création d’un ensemble cohérent de règles du droit des contrats en ce

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11

Given, None. "Financial services embrace Internet commerce." Computer Fraud & Security 2000, no. 11 (November 2000): 4. http://dx.doi.org/10.1016/s1361-3723(00)11010-3.

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12

Itzikowitz, Angela. "Broadening Access to Financial Services – Competing Imperatives." European Business Law Review 17, Issue 5 (November 1, 2006): 1241–63. http://dx.doi.org/10.54648/eulr2006103.

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13

Molony, Ronan. "Dublin's International Financial Services Centre: An Overview." European Business Law Review 3, Issue 4 (April 1, 1992): 119–22. http://dx.doi.org/10.54648/eulr1992037.

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14

Punch, Maurice. "Bandit Banks: Financial Services and Organized Crime." Journal of Contemporary Criminal Justice 9, no. 3 (August 1993): 175–96. http://dx.doi.org/10.1177/104398629300900302.

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15

Ryder, Nicholas. "THE FINANCIAL SERVICES AUTHORITY AND MONEY LAUNDERING." Cambridge Law Journal 67, no. 3 (November 2008): 635–53. http://dx.doi.org/10.1017/s0008197308000706.

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16

Tison, Michel. "What is ‘General Good’ in EU Financial Services Law?" Legal Issues of Economic Integration 24, Issue 2 (December 1, 1997): 1–46. http://dx.doi.org/10.54648/leie1997005.

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17

Ortino, Matteo. "EC Law on Cross-border On-line Financial Services." European Business Law Review 15, Issue 3 (July 1, 2004): 367–79. http://dx.doi.org/10.54648/eulr2004020.

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18

Robertson, Viktoria H. S. E. "Consumer Welfare in Financial Services: A View from EU Competition Law." Yearbook of Antitrust and Regulatory Studies 11, no. 17 (2018): 29–52. http://dx.doi.org/10.7172/1689-9024.yars.2018.11.17.2.

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The paper analyses to what extent financial consumer protection forms part of the competition law objective of consumer welfare that EU competition law nowadays adheres to. It argues that while EU consumer law more generally aims at protecting the final consumer, EU financial consumer protection instruments often protect a broader spectrum of customers. This wider notion of the consumer can also be found in EU competition law, where the consumer is usually likened to any customer. A notable difference between EU financial consumer protection and EU competition law, however, is that they place a different emphasis on structural goals and inherently individual components. In EU competition law, the structural protection of competition is thought to eventually protect consumers. By uniting individual and structural aspects of consumer welfare, as well as by combining reactive and proactive consumer protection, EU competition law and EU financial consumer protection law can together achieve a financial protection of consumers that naturally goes beyond what each area of the law could achieve alone. A stringent approach, however, would require the development of a comprehensive EU financial consumer law which includes both dimensions.

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19

Ferran, E. "The Break-up of the Financial Services Authority." Oxford Journal of Legal Studies 31, no. 3 (April 10, 2011): 455–80. http://dx.doi.org/10.1093/ojls/gqr006.

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20

Galeza, Dorots. "Reforming the Role of the Financial Services Ombudsman." Liverpool Law Review 41, no. 3 (June 19, 2020): 275–91. http://dx.doi.org/10.1007/s10991-020-09249-w.

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21

Bruce-Gardyne, Lord. "The Operation of the Financial Services Act 1986." Statute Law Review 8, no. 3 (1987): 186–90. http://dx.doi.org/10.1093/slr/8.3.186.

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22

Curtol, Federica, Andrea Di Nicola, Sara Martocchia, and Ernesto U. Savona. "Regulation of Offshore Banking Services and Financial Entities." European Journal on Criminal Policy and Research 12, no. 3-4 (December 2006): 279–98. http://dx.doi.org/10.1007/s10610-006-9030-3.

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23

Lofthouse, Shirley. "Research and Resources for Financial Services Lawyers." Legal Information Management 10, no. 2 (June 2010): 142–43. http://dx.doi.org/10.1017/s1472669610000538.

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AbstractThe Financial Services and Markets Department is one of 11 main departments at City law firm Travers Smith LLP. Shirley Lofthouse, Head of Information at Travers Smith, considers the work of the financial services lawyer and the resources needed to support the research requirements of the department.

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24

Kartashov, Aleksandr V. "Types of Digital Innovations on the Financial Market (Financial Law Aspects)." Legal education and science 12 (December 3, 2020): 23–27. http://dx.doi.org/10.18572/1813-1190-2020-12-23-27.

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Purpose. This article is devoted to the consideration of legal approaches to the description of digital financial innovations in the financial market. The author strives to identify the features of the legal regulation mechanism and the prospects for introducing innovations in the process of providing financial services by credit and non-credit financial organizations. Methodology: analysis, synthesis, induction, deduction, comparative legal and structuralsystem approaches. Results. The author points out that the lack of legal consolidation of the types of innovations in regulatory legal acts is due to their universal nature and does not depend on the level of economic development and the type of legal system. The introduction of digital innovations in the financial market is designed to improve the quality of services provided to consumers, which at the present stage is supported by the adopted basic regulations and correlates with the goals of the financial market development strategy developed by the relevant regulators, in particular the Central Bank of the Russian Federation. Scientific and practical significance. The article aims to systematize existing research developments in the field of digital innovations in the financial market, which involves analyzing their features, as well as identifying existing problems, the solution of which will contribute to the development of law enforcement practice in this direction.

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25

Kasyanov, Rustam, and Anzhelika Kriger. "Towards Single Market in Financial Services: Highlights of the EU and the EAEU Financial Markets Regulation." Russian Law Journal 8, no. 1 (March 27, 2020): 111–37. http://dx.doi.org/10.17589/2309-8678-2020-8-1-111-137.

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The article covers key formats of interstate cooperation in the post-Soviet space. The authors conclude that the Eurasian Economic Union is the major integration project bringing together Armenia, Belarus, Kazakhstan, Kyrgyzstan, and Russia. This research addresses various legal issues related to founding of the EAEU single financial services market with provisions and annexes of the EAEU Treaty studied. The EAEU meets challenges and creates legal and institutional framework for single financial services market within a relatively short timeframe. By 2025 both Supranational Eurasian financial regulator should be established and EAEU legislation on financial services should be harmonized. These tasks require international and national regulation experience. Therefore through the use of comparative analysis some advantages of the European Union law in the field of financial services market regulation are pointed out alongside with particular national legislation aspects of the EAEU member states in the similar or relative fields. Comparative analysis provides for determination of modern approaches to financial services market regulation in the EAEU and its member states, and allows to emphasize advantages and disadvantages of such regulation. Comparative analysis is applied to specifically investigate three subject areas of high relevance for global financial community: institutional forms of trade in financial instruments; organized trade in financial derivatives; organization of algorithmic and high-frequency algorithmic trading. Conclusion drawn is that the EU experience in the matters of financial markets regulation is of particular interest for the EAEU and its member states.

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26

Nästega°rd, Emil. "Equivalence Decisions in the EU and UK Financial Services Sectors Post-Brexit." European Business Law Review 33, Issue 3 (April 1, 2022): 463–76. http://dx.doi.org/10.54648/eulr2022021.

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Financial services are largely left out of the EU-UK Trade and Cooperation Agreement that was reached at the end of December 2020. The issue of cross-border market access for financial services firms based in the EU and in the UK could be resolved by the adoption of mutual equivalence decisions. The UK made a number of equivalence decisions pre-Brexit to allow EU-based financial services firms access to the UK market. The EU has not reciprocated. Consequently, UK-based financial services firms have moved business into the EU to maintain client access. The article discusses advantages and disadvantages of the EU and the UK’s different strategies as regards market access and whether equivalence decisions in the area of financial services can be used to build up a trustful relationship between the EU and the UK post-Brexit. Equivalence decisions, Brexit, pre-Brexit regulation, post-Brexit regulation, financial services regulation, Joint UK-EU Financial Regulatory Forum, market efficiency, market relocation, Singapore-on-Thames, systemic risks

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27

Johan, Suwinto. "Sanctions in Financial Services: Developing a Conducive Culture in Financial Industry in Indonesia." Humaniora 13, no. 1 (February 15, 2022): 9–15. http://dx.doi.org/10.21512/humaniora.v13i1.7309.

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The research proposed adjustments to sanctions for criminal acts in the financial services industry in accordance with Law No. 21/2011. Based on the Law of the Republic of Indonesia No. 21/2011, the Indonesian Financial Services Authority (FSA) had the authority to regulate the financial industry in Indonesia. FSA had enormous capacity, including the authority to impose criminal sanctions in the financial services industry. However, criminals in the financial sector still recurred after establishing the OJK. One of financial services industry crimes began with Bank Indonesia Liquidity Assistance due to the 1998 Asian crisis, and the crisis due to the COVID-19 pandemic had resulted in several criminal acts in the financial industry such as the Bank Bukopin case and several cases of insurance companies such as Jiwasraya insurance. The research applied a normative juridical method. It concludes that criminal sanctions in the financial services industry can be imposed on individuals and/or corporations. This criminal sanction is imposed if someone deliberately ignores, does not fulfill, or hinders the exercise of the FSA's authority or deliberately ignores and/or does not carry out the FSA's written orders. A person's definition needs to be clarified in his/her position at a financial service institution to be subject to a criminal offense.

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28

Van Niekerk, Martha Gertruida, and Nkgolodishe Hermit Phaladi. "Digital Financial Services: Prospects and Challenges." Potchefstroom Electronic Law Journal 24 (July 20, 2021): 1–25. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a10744.

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Digital financial services (DFSs), being financial services accessed and delivered through digital channels, have grown rapidly in South Africa as well as globally. The adoption of the technology for DFSs has led to an increase in financial inclusion, enabling more individuals and businesses to have access to useful and affordable financial products and services, where payments, savings, credit, investment and insurance are included. Through the Financial Sector Regulation Act 9 of 2017 financial inclusion was statutorily enacted for the first time. The regulators are now empowered to insist that financial institutions take proactive steps to expand financial inclusion and can take the necessary steps to enforce these powers. One of the factors that have an influence on whether consumers will adopt DFSs is consumers' perspectives of DFSs. Lack of information and knowledge combined with the cost of data negatively influences the adoption of DFSs. The transfer of information to unbanked people in South Africa with regards to DFSs should be enhanced by the state as it strives to improve financial literacy. DFSs are susceptible to financial crimes like fraud, money laundering, terrorist financing, bribery, corruption and market abuse. The challenges that threaten the interests of customers should be addressed by stricter information verification methods when transacting with clients online. Technological detectors and digital identification should be used more effectively to verify customers and to alert authorities to suspicious transactions. Financial institutions might consider authenticating online transactions by thumb-print or a voice recognition system. This paper emphasises that because of the prospects of greater and deeper financial inclusion in South Africa, the use of DFSs has to be improved and developed and the challenges have to be constructively addressed to unleash the true potential thereof.

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29

Palmer, James D. "Liability for Negligently Performed Financial Services: An Economic Theory." Victoria University of Wellington Law Review 26, no. 1 (February 1, 1996): 71. http://dx.doi.org/10.26686/vuwlr.v26i1.6177.

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The law governing the recovery of negligently inflicted pure economic losses is complex and confusing. This article focuses on pure economic losses caused by negligently performed financial services, and considers whether a "law and economics" approach provides a superior framework for analysing the desirability of imposing negligence liability than that provided by traditional legal analysis. The article first discusses the law regarding negligently performed financial services and critiques the legal reasoning used to justify restricted liability. The author then introduces the law and economics approach to negligence liability. The special considerations which apply when a loss is purely economic and caused by a carelessly performed financial service are then analysed. Finally, a rule of discovery based on the economic analysis is presented, and its application is discussed with respect to some of the leading cases. The author concludes that the economic approach provides a powerful set of tools capable of explaining the major decisions in this area in terms of economic efficiency and wealth maximisation. It provides a clearer understanding of the factors that determine what the appropriate restrictions are, and is thus more convincing for determining liability than traditional legal analysis.

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30

Elliot, Esi A., Carmina Cavazos, and Benjamin Ngugi. "Digital Financial Services and Strategic Financial Management: Financial Services Firms and Microenterprises in African Markets." Sustainability 14, no. 24 (December 19, 2022): 16994. http://dx.doi.org/10.3390/su142416994.

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This study highlights the impact of digital financial services as enhancing the capacity of development goals as well as social sustainability. The selected emerging markets are Ghanaian financial service providers (FSP)s and microenterprise customers (CME)s, where we examine how “Ubuntu”, an African philosophy of humanism, legitimizes spaces for a more democratic, egalitarian, and ethical engagement of human beings. This study adopts a grounded theory methodology for investigation of the phenomena with a sample size of 70 relationship managers. The findings further existing sustainability literature pertaining to social sustainability and consumer wellbeing. We contribute to theory by presenting a psychological perspective which be leveraged for digital financial services branding to expand usage within communal systems. This leverage of Ubuntu becomes especially relevant when there is the need to compensate for deficits in weak business infrastructures in low-income but expanding markets. Our study highlights digital financial services can be used to improve the emotional and psychological consumer wellbeing and to strengthen business relationships, meeting joint goals of market share expansion, brand image enhancement and profitability. This perspective also contributes to social sustainability on a global scale since the Western world depends on quality products from emerging markets.

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31

Aprita, Serlika. "Kewenangan Otoritas Jasa Keuangan (OJK) Melakukan Penyidikan: Analisis Pasal 9 Huruf C Undang-Undang Nomor 21 Tahun 2011 Tentang Otoritas Jasa Keuangan." Jurnal Ilmiah Universitas Batanghari Jambi 21, no. 2 (July 4, 2021): 550. http://dx.doi.org/10.33087/jiubj.v21i2.1431.

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In Law No. 21 of 2011 concerning the Financial Services Authority authorizes the OJK to carry out investigations. Investigation is one of OJK's supervisory duties as referred to in Article 9 letter c of the OJK Law which reads: "To carry out the supervisory duties as referred to in Article 6, OJK has the authority to carry out supervision, examination, investigation, consumer protection, and other actions against Service Institutions. Finance, actors and / or supporting financial services activities as referred to in the laws and regulations in the financial services sector. " According to Article 49 paragraph (1) of Law No. 21 of 2011 concerning Financial Services Authority (OJK), OJK Investigators are: 1. Apart from Investigating Officers of the State Police of the Republic of Indonesia, certain Civil Servants whose scope of duties and responsibilities includes supervision financial services sector within the OJK, given special authority as investigators as referred to in the Criminal Procedure Code. The research method in this paper is to use normative legal research. The regulation regarding the role of the OJK as an investigator is regulated in article 9 letter (c) of Law No. 20 of 2011 concerning the Financial Services Authority which becomes the basis for OJK in conducting investigations of banking crimes, so that the OJK carries out the function of implementing an integrated regulatory and supervisory system of all activities in the financial services sector.

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32

Ryder, Nicholas. "Two plus two equals financial education—the financial services authority and consumer education." Law Teacher 35, no. 2 (January 2001): 216–32. http://dx.doi.org/10.1080/03069400.2001.9993080.

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33

Malakoutikhah, Zeynab. "Financial exclusion as a consequence of counter-terrorism financing." Journal of Financial Crime 27, no. 2 (January 24, 2020): 663–82. http://dx.doi.org/10.1108/jfc-09-2019-0121.

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Purpose The purpose of this paper is to analyse the unintended consequences, financial exclusion, of counter-terrorism financing regulations in terms of their impact on financial inclusion and, consequently, the creation of an ineffective counter-terrorism financing framework. A further aim is to make recommendations to mitigate these unintended consequences. Design/methodology/approach This subject is examined by using the practices of a range of countries and organisations. The interdisciplinary approach of the paper is highlighted, which comprises criminal law, banking law, international law and human rights law. Findings Financial exclusion is a focal point that results in ineffective counter-terrorism measures which are caused mostly by the formal financial sector, in particular, the banking system. The financial exclusion also leads to counter-productive counter-terrorism financing through a low risk-appetite, de-risking, de-banking, financial exclusion and using unregulated or less-regulated and supervised financial systems. Originality/value No article comprehensively analyses financial exclusion as a consequence of counter-terrorism financing framework. The paper examines the process of counter-terrorism financing regulations, which leads to financial exclusion. In addition, the impact of financial exclusion on all relevant actors, such as individuals, correspondent banking relationships, money and value transfer services, charities and virtual currencies, is examined.

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34

Kalss, Susanne. "Investor Protection and Advertising in Financial Services in Austrian Law." European Business Law Review 7, Issue 6 (June 1, 1996): 146–50. http://dx.doi.org/10.54648/eulr1996043.

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35

Bismuth, Régis. "Financial Sector Regulation and Financial Services Liberalization at the Crossroads: The Relevance of International Financial Standards in WTO Law." Journal of World Trade 44, Issue 2 (April 1, 2010): 489–514. http://dx.doi.org/10.54648/trad2010017.

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This article provides an assessment of the relevance in World Trade Organization (WTO) law of the international financial standards set by the Basel Committee on Banking Supervision (Basel Committee), the International Organization of Securities Commissions (IOSCO), and the International Association of Insurance Supervisors (IAIS), international cooperation for a bringing together domestic financial regulators. This analysis gauges the potential use of these international financial standards in a potential future dispute settlement involving the domestic regulation of financial services. It demonstrates their relevance in WTO law as well as their both considerable and contested role in the institutional practice of the organization, thereby highlighting the incentives for regulatory harmonization that are embedded in the General Agreement on Trade in Services (GATS). The difficulties are mainly centred on the Basel Committee due to its limited membership, therefore not meeting the conditions of validity for the recognition of external standards laid down in the GATS, and also leading to the reluctance of some developing countries unwilling to endorse standards to which they have not previously agreed. More broadly, this study reflects on the potential tensions between plurilateral regulatory strategies and the multilateral context of the WTO and highlights the insufficient coordination between the international legal frameworks for the regulation and for the liberalization of financial services.

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36

Korotana, Mohammed Shabir. "Promotion of Financial Stability through Structural Regulatory Reforms: Revisiting the Separation of Retail and Investment Banking and Consequences for the Hedge Fund Industry." European Business Law Review 23, Issue 6 (January 21, 2012): 1009–24. http://dx.doi.org/10.54648/eulr2012041.

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The independent Commission on Banking has submitted its Final Report. It contains recommendations for new financial regulation. Primarily these recommendations are for banking regulation within a broader financial sector. Essentially the report focuses on two aspects of banking; those are Financial Stability and competition. The financial stability deals with structural changes or in other words structural regulation. The Commission has recommended structural changes to the existing financial regulatory regime whereby it has proposed the separation of retail banking and investment banking, the purpose of which is to achieve financial stability. The Commission has recommended to ring-fence the retail banking which will include vital banking activities; these are identified as mandatory services which a retail bank must provide and on the other hand the report also specifies the prohibited activities for the ring fenced bank which it must not offer, this includes services to financial companies. Thus, a hedge fund company (HFC) being a financial company falls outside the ring-fence, therefore, it will not be provide vital banking services, because a ring-fenced bank is prohibited to provide these services in this context. It concludes that it is unfair to HFCs that being SMEs they are denied these services. There is no evidence that a HFC could be a threat to 'financial stability' of the system, rather it supports economy which would contribute to the 'financial stability' of the very system, which is the purpose of the recommendations. At the outset this discussion is supported by the discussion of the generic concepts financial stability, banking services, financial system and the separation of retail and investment banking.

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Latimer, Paul. "The Use of Financial Services Law to Regulate Emissions Trading." Common Law World Review 43, no. 3 (September 2014): 187–207. http://dx.doi.org/10.1350/clwr.2014.43.3.0269.

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38

Schwehr, Belinda. "Social Services Law: Judicial Review, Financial Resources and Legitimate Expectations." Tizard Learning Disability Review 2, no. 3 (July 1997): 23–31. http://dx.doi.org/10.1108/13595474199700025.

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39

Raine, Peter. "Social Services Law: Judicial Review, Financial Resources and Legitimate Expectations." Tizard Learning Disability Review 2, no. 3 (July 1997): 32–34. http://dx.doi.org/10.1108/13595474199700026.

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40

Citra, Citra. "Upaya Hukum Terhadap Debitur Pada Layanan Pinjaman Uang Berbasis Finansial Teknologi." JOURNAL of LEGAL RESEARCH 4, no. 3 (August 8, 2022): 713–34. http://dx.doi.org/10.15408/jlr.v4i3.27559.

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This study's objective is to investigate the legal remedies taken against debtors of technology-based financial lending services and how to avoid problems with technology-based money loan services. This research is normative legal research undertaken by reviewing and analyzing literature and statutory books. According to the findings of the research, legal remedies against debtors in peer-to-peer lending services are governed by Law No. 11 of 2008 regarding Information and Electronic Transactions. Law No. 21 of 2011 pertaining to the Financial Services Authority, Government Regulation No. 82 of 2012 pertaining to the Implementation of Electronic Systems and Transactions, Regulation of the Financial Services Authority No. 1/POJK.07/2013 of 2013 pertaining to Consumer Protection in the Financial Services Sector, Regulation of the Financial Services Authority No. 77/POJK.01/2016 Year 2016 pertaining to Information Technology-Based Lending and Borrowing Services, Minimal Capital Requirements, and Minimal Capital Requi Legal Efforts, Debtors, Money Loan Services, and Financial Technology are keywords.

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41

Heng, Dyna. "Impact of the New Financial Services Law in Bolivia on Financial Stability and Inclusion." IMF Working Papers 15, no. 267 (2015): 1. http://dx.doi.org/10.5089/9781513598420.001.

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42

Kjørven, Marte Eidsand. "Who Pays When Things Go Wrong? Online Financial Fraud and Consumer Protection in Scandinavia and Europe." European Business Law Review 31, Issue 1 (February 1, 2020): 77–109. http://dx.doi.org/10.54648/eulr2020004.

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Online financial fraud targeted at consumers through phishing attacks and identity theft, for example, is a growing problem. Because it can be difficult to recover losses from the person who committed the fraud, the loss will often remain with either the financial institution or the consumer. This paper’s research question relates to how losses following online financial fraud are and should be allocated between these two parties according to relevant Scandinavian and European law. For payment-transaction fraud, questions of loss allocation are regulated by national rules implementing the liability regime for unauthorised payment transactions under the payment services directive. For other financial services, these questions are resolved according to general rules on contract and tort. The analysis shows that consumers are often left to deal with the losses caused by online financial fraud. It is argued that the digitalisation of the financial services industry has in practice led to a shift in who bears the risk for attacks against financial institutions. This conflicts with the EU’s stated policy goals to provide strong consumer protection in the field of cybercrime. The paper concludes that a larger portion of the losses incurred from online financial fraud should be allocated to financial institutions. financial services, digitalisation, fraud, consumer protection, payment services, liability, unauthorised payment transactions, electronic signatures, cyber security

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43

Benöhr, Iris. "Collective Redress in the Financial Sector and the New EU Deal for Consumers." European Review of Private Law 27, Issue 6 (December 1, 2019): 1345–66. http://dx.doi.org/10.54648/erpl2019074.

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This article examines the role of collective redress in financial services, highlighting current obstacles for financial services users to access justice, and providing an overview of relevant EU measures and international best practices. Particular attention is devoted to various national dispute resolution models and major cases with the potential to affect a large number of financial services users across Member States. On the regulatory side, the article explores in detail the extent to which the New EU Deal for Consumers will introduce meaningful changes in the financial services sector. In particular, it will assess the new proposal for a Directive on representative actions, evaluating its advantages and weaknesses in light of the likely implications for consumer redress. collective redress, financial consumer protection, access to justice.

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44

Hertig, G. "Regulatory competition for EU financial services." Journal of International Economic Law 3, no. 2 (June 1, 2000): 349–75. http://dx.doi.org/10.1093/jiel/3.2.349.

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Gómez-Barroso, José Luis, and Raquel Marbán-Flores. "Basic financial services: A new service of general economic interest?" Journal of European Social Policy 23, no. 3 (June 28, 2013): 332–39. http://dx.doi.org/10.1177/0958928712471226.

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46

Dalhuisen, Jan H. "Liberalisation and Re Regulation of Cross-Border financial Services." European Business Law Review 10, Issue 5/6 (May 1, 1999): 158–92. http://dx.doi.org/10.54648/eulr1999018.

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47

Farmery, Peter. "Looking Towards a European Internal Market in Financial Services." European Business Law Review 3, Issue 4 (April 1, 1992): 94–98. http://dx.doi.org/10.54648/eulr1992029.

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48

Alexander, Kern, Eilís Ferran, Howell Jackson, and Niamh Moloney. "Transatlantic Financial Services Regulatory Dialogue." European Business Organization Law Review 7, no. 3 (September 2006): 647–73. http://dx.doi.org/10.1017/s1566752906006471.

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49

Worthy, John, Nicholas Graham, and Robert Finney. "E-commerce for financial services." Computer Law & Security Review 19, no. 2 (March 2003): 121–23. http://dx.doi.org/10.1016/s0267-3649(03)00206-1.

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50

Chiu, Iris H.-Y. "Comparing Directors Duties in the Financial Services Sector with Regulatory Duties under the Senior Persons Regime- Some Critical Observations." European Business Law Review 27, Issue 2 (April 1, 2016): 261–83. http://dx.doi.org/10.54648/eulr2016012.

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Directors in the financial services sector are accountable to regulators in respect of the discharge of these obligations and the history of enforcement by financial services regulators in the UK has shown that tough sanctions are meted out. Directors’ duties in general corporate law are however owed to the company as a whole, and are enforced by the company, shareholders through derivative litigation or liquidators at winding up. Civil enforcement against directors in company law has been quiet in the UK in spite of the revelation of senior level failures in banks in the global financial crisis of 2007–9. Questions may be asked as to why the directors’ duties regime in company law seems ineffective to address senior level weaknesses in the banks embroiled in crisis in 2007–9, and continue to appear unable to hold senior figures to account in the more recent episodes of bank malpractice and mis-selling. Further, with the advent of the regulatory regime governing senior persons’ conduct in the financial services sector, it is queried whether the regulatory regime will become the main means of discipline for senior persons, making the directors’ duties regime irrelevant. This article examines the relationship between the two legal regimes, and seeks to eludicate the role of regulatory governance of directors in the financial services sector alongside the directors’ duties regime in company law. This article argues that directors’ duties in company law serve different purposes from the regulatory regime for senior persons’ conduct in the financial services sector, and hence the approach taken to separately regulate directors’ conduct in financial services is a correct one. The regulatory regime is intended to encourage greater senior level internalisation of important public policy objectives that cannot be introduced in company law. It will be argued that the regulatory regime should be seen as a distinct mode of prudential and conduct regulation in financial services, and not as a form of governance that eclipses the enforcement of directors’ duties under company law. The interface between the two regimes should not result in the marginalisation of the company law regime and can indeed lead to better mitigation of information asymmetry for the purposes of civil enforcement of directors’ duties under company law. The article however provides some cautionary notes regarding the impact of the regulatory regime on directors’ conduct which will inevitably overlap with their accountability under the company law regime.

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