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Most legal text books and practitioners' guides focus on the impact of financial services law and regulation as applicable to individual legal entities: the application of such law and regulation on a group basis is often a cursory afterthought, or neglected altogether. This book reverses the balance.It is the first book to fully and systematically address how groups of businesses within the financial services sector are regulated. It starts with the company law and corporate insolvency law foundations and how they are established and formed into groups. It then builds up through prudential regulation and resolution-driven principles, focusing on such how regulations apply and operate at a consolidated group and sub-group level, to the structural responses from firms and counter-responses from legislators and regulators.This new work also considers the tensions that arise from the conflicts between authorities and legal systems on a cross-border basis, and between the formal legal system and the powers and agendas of the regulators. In its final section, the book applies the principles explored in previous sections to a wide range of transaction types.The book covers intragroup transactions, and the role that regulation plays requiring and restricting the movement of financial resources around groups.It is up-to-date as at April 2019, marking the culmination of over 10 years of intense regulatory change, addresses UK ring-fencing rules and EU and US intermediate parent undertaking requirements, and considers the impact of Brexit and the EU banking reform/risk reduction package.
This book investigates the complex regulatory framework governing financial services groups, addressing the gap in legal literature that typically focuses on individual entities rather than consolidated group structures. Charles H. R. Morris, a legal expert, synthesizes over a decade of regulatory evolution to provide a systematic analysis of how prudential regulation, corporate insolvency law, and resolution-driven principles apply at the group and sub-group level. The text examines the structural responses of firms to these regulations and the subsequent counter-measures implemented by legislators to manage cross-border tensions and systemic risk.
What You Will Find
Legal practitioners and financial regulators view this text as a foundational resource for understanding the shift from entity-based to group-based regulation. Experts highlight the book's utility in navigating the complexities of post-Brexit regulatory environments and cross-border legal conflicts.
Page Count:
496
Publication Date:
2019-12-03
Publisher:
Oxford University Press
ISBN-10:
0198844654
ISBN-13:
9780198844655
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