Financial Advice and Investor Protection

Financial Advice and Investor Protection PDF

Author: Booysen, Sandra

Publisher: Edward Elgar Publishing

Published: 2021-12-07

Total Pages: 384

ISBN-13: 1800884621

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This comprehensive book offers a rigorous analysis of the legal debates, approaches and practice-related issues surrounding financial advice and investor protection. Despite widespread recognition of the importance of financial inclusion more broadly construed, recent financial crises have highlighted deficits in retail investor protection – this book informs the development of robust yet adaptable frameworks to protect investors, including effective enforcement and dispute resolution.

International Investment Protection of Global Banking and Finance

International Investment Protection of Global Banking and Finance PDF

Author: Arif H. Ali

Publisher: Kluwer Law International B.V.

Published: 2021-09-14

Total Pages: 616

ISBN-13: 9403535628

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Global banking and finance is a complex and specialized field with sector-specific investment forms, subject to distinctive legal and regulatory frameworks and unique types of political risk. This comprehensive guide to international investment protection in the finance and banking sector, written by acknowledged experts in the field of investor-State arbitration, provides the first in-depth discussion of how international investment law applies to investors and investments in the sector. Featuring expert guidance on the key legal protections for cross-border banking and finance investments, with complete and up-to-date coverage of investor-State cases, the analysis crystallizes a set of field-specific legal principles for the sector. In particular, the authors address the following practical aspects of investment protection in the banking and finance sector: how sector-specific forms of investment, such as loans and derivatives, impact the dispute resolution process; types of political risk that cross-border investments in the sector are likely to encounter; distinctive adverse sovereign measures that underlie disputes in the sector, including those from sovereign debt defaults and banking sector bailouts; specific treaty provisions, such as jurisdictional carve-outs and targeted exclusions; remedies available for violations of international investment protections; how monetary damages may be assessed for injury to banking and finance sector investments; the scope of financial services chapters included in certain free trade agreements; the protections available under domestic foreign investment laws; and alternative sources of protection such as political risk insurance and investment contracts. International disputes practitioners and academics, in-house counsel in the finance and banking industries, and arbitrators addressing banking and finance disputes will welcome this book for its practical guidance. With strategies for investors as well as for sovereign States to navigate the intricacies of the investment protection system, the authors’ comprehensive analysis will help ensure appropriate international protection for banking and finance sector investments, both when establishing investments and when resolving disputes. The book lays the groundwork for the future consolidation of international investment protection as a critical tool to manage the political risk confronting global banking and finance.

The Law of Investor Protection

The Law of Investor Protection PDF

Author: Jonathan Fisher

Publisher: Sweet & Maxwell

Published: 2003

Total Pages: 734

ISBN-13: 9780421673007

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This series enables practitioners to stay up to date with litigation and developments in the field of entertainment law. Emphasis is placed on the practical implications of relevant legislative developments and the effects of technology on artists, rights owners and collecting societies

Affluent Investor

Affluent Investor PDF

Author: Phil DeMuth

Publisher: Barrons Educational Series

Published: 2013-04-01

Total Pages: 0

ISBN-13: 9780764165641

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Newcomers to financial investment can find dozens of advice books written especially for them, but this brand-new title is a book with a difference. It speaks directly to you—if you’re an investor with a portfolio worth $100,000 or more. The well-known investment advisor and bestselling author Phil DeMuth addresses the bread-and-butter issues facing that underserved segment of the equities investment community. He will tell you— How to custom tailor your asset allocation to your personal circumstances How to capture the recognized outperforming market anomalies in your portfolio How to keep what you’ve got and avoid Wall street’s wealth extraction machine Author DeMuth also passes along some invaluable retirement investing advice learned from Warren Buffett, and he explains the primary asset protection and tax minimization strategies that work for those in the high-net-worth bracket. Here are investment strategies for the affluent, as well as for those who are approaching affluence and are trying to take that big step forward.

Reforming Corporate Retail Investor Protection

Reforming Corporate Retail Investor Protection PDF

Author: Diane Bugeja

Publisher: Bloomsbury Publishing

Published: 2019-12-12

Total Pages: 249

ISBN-13: 1509925880

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The spate of mis-selling episodes that have plagued the financial services industries in recent years has caused widespread detriment to investors. Notwithstanding numerous regulatory interventions, curtailing the incidence of poor investment advice remains a challenge for regulators, particularly because these measures are taken in a 'fire-fighting' fashion without adequate consideration being given to the root causes of mis-selling. Against this backdrop, this book focuses on the sale of complex investment products to corporate retail investors by drawing upon the widespread mis-selling of interest rate hedging products (IRHP) in the UK and beyond. It brings to the fore the relatively understudied field concerning the different degrees of investor protection mechanisms applicable to individual retail investors – as opposed to corporate retail investors – by taking stock of past regulatory reforms and forthcoming regulatory initiatives as well as, more importantly, the conclusions reached by the judiciary in IRHP mis-selling claims. The conclusions are particularly interesting: corporate retail investors are in a vulnerable position when compared to individual retail investors. The former are exposed to a heightened risk of mis-selling, meaning that regulatory intervention should be targeted accordingly. The recommendations made as a result of these findings are further supported by insights emerging from behavioural law and economic theories. This book is aimed at researchers, lawyers and students with an interest in the financial regulation field who are keen to explore potential regulatory reforms to the investment services regime that address the root causes of mis-selling, and restore a level playing field amongst all retail investors.

How to Protect Investors

How to Protect Investors PDF

Author: Niamh Moloney

Publisher: Cambridge University Press

Published: 2010-01-21

Total Pages: 501

ISBN-13: 1139485555

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As governments around the world withdraw from welfare provision and promote long-term savings by households through the financial markets, the protection of retail investors has become critically important. Taking as a case study the wide-ranging EC investor-protection regime which now governs EC retail markets after an intense reform period, this critical, contextual and comparative examination of the nature of investor protection explores why the retail investor should be protected, whether retail investor engagement with the markets should be encouraged and how investor protection laws should be designed, particularly in light of the financial crisis. The book considers the implications of the EC's investor protection rules 'on the books' but also considers investor protection law and policy 'in action', drawing on experience from the UK retail market and in particular the Financial Services Authority's extensive retail market activities, including the recent Retail Distribution Review and the Treating Customers Fairly strategy.

How to Protect Investors

How to Protect Investors PDF

Author: Niamh Moloney

Publisher: Cambridge University Press

Published: 2010-01-21

Total Pages: 501

ISBN-13: 0521888700

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A critical, comparative and contextual examination of how to protect retail or household investors which considers the financial crisis's implications.

Regulating Investor Protection Under Eu Law

Regulating Investor Protection Under Eu Law PDF

Author: Antonio Marcacci

Publisher: Palgrave MacMillan

Published: 2019-07-25

Total Pages: 414

ISBN-13: 9783030079857

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This book analyzes the legal system for the protection of retail investors under the European Union law of investment services. It identifies the regulatory leitmotiv driving the EU lawmaker and ascertains whether and to what extent such a system is self-sufficient, using a set of EU-made and EU-enforced rules that is essentially different and autonomous from the domestic legal orders. In this regard, the book takes a double perspective: comparative and intra-firm. Given the federal dimension of the US legal system and, thus, the "role-model" it plays vis-à-vis the EU, the book compares the two systems. To fully highlight the existing gaps and measure how self-sufficient the EU system is against its American counterpart, the Union/Federal level as such is analyzed - i.e., detached from the national (in EU terms) and State (in US terms) level. Regulating Investor Protection under EU Law also showcases the unique intra-firm perspective from a European investment firm and analyzes how EU-produced public-law rules become a set of compliance requirements for investment services providers. This "within-the-firm" angle gauges the self-sufficiency of the EU system of retail investor protection from the standpoint of an EU-regulated entity. The book is intended for both compliance professionals and academic scholars interested in this topic while also including illustrative sections intended to provide a broader regulatory view for less-experienced readers.

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