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Legal Intermediation

2019-10-22 Political Science
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Release : 2019-10-22
Genre : Political Science
Kind : eBook
Book Rating : 611/5 ( reviews)

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Book Synopsis Legal Intermediation by : Austin Sarat

Download or read book Legal Intermediation written by Austin Sarat. This book was released on 2019-10-22. Available in PDF, EPUB and Kindle. Book excerpt: This special issue of Studies in Law, Politics and Society examines a broad range of European case studies to consider the crucial role played by intermediaries, such as companies and lawyers, in the legal system.

Intermediation and Beyond

2019-01-24 Law
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Release : 2019-01-24
Genre : Law
Kind : eBook
Book Rating : 937/5 ( reviews)

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Book Synopsis Intermediation and Beyond by : Louise Gullifer

Download or read book Intermediation and Beyond written by Louise Gullifer. This book was released on 2019-01-24. Available in PDF, EPUB and Kindle. Book excerpt: The global shift from the direct holding of securities by investors to the current intermediated holding system raises many important legal issues. These include the impact of the intermediated holding system on the rights of investors, and the enforcement of those rights against intermediaries and issuers. The cross-border nature of many holding patterns adds another layer of complexity to these issues, and reduces legal certainty. Against this, intermediation offers benefits for many investors, including the ability to hold a cross-border portfolio with one intermediary, a reduction in costs and the facilitation of the use of securities in the collateral, repo, and securities lending markets. This book covers a number of legal topics relating to intermediated securities including the history of intermediation, the benefits and problems in the current intermediated holding system, and how future legal and technological developments could help to resolve these problems while retaining the benefits of intermediation. It also examines the possible impact of FinTech on this area, in particular the potential for Blockchain to be used in the issuing, holding and settlement of securities, the extent to which this will solve some of the difficulties that currently exist, and whether the use of Blockchain will create new difficulties that will need to be overcome. This book, which originated in a series of workshops organised by the Commercial Law Centre at Harris Manchester College, Oxford, will appeal to those interested in financial and corporate law, including academics, practitioners, policy makers and students.

Intermediated Securities

2010-06-17 Law
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Release : 2010-06-17
Genre : Law
Kind : eBook
Book Rating : 010/5 ( reviews)

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Book Synopsis Intermediated Securities by : Louise Gullifer

Download or read book Intermediated Securities written by Louise Gullifer. This book was released on 2010-06-17. Available in PDF, EPUB and Kindle. Book excerpt: Globally, there has been a shift from securities being held directly by an investor, to a situation in which many securities are held via an intermediary. The existence of one or more intermediaries between the investor and the issuer has a potentially significant impact on the rights of the investor, the role and obligations of the issuer, and on the position and responsibilities of the intermediary. However, different jurisdictions have dealt with the issues arising from intermediation in a variety of ways. In the UK, for example, the concept of a trust is used to explain the different rights and obligations which arise in this scenario, whereas in the US the issues have been addressed by legislation, in the form of UCC Article 8. This variety is problematic, given that it is possible for an investor to hold securities in a number of different jurisdictions. A new UNIDROIT Convention on the issue of Intermediated Securities, the Geneva Securities Convention 2009, aims to create a common framework for dealing with these issues. This collection of essays explores the issues that arise when securities are held via an intermediary, and in particular assesses the solutions put forward by the new Convention on this issue. It will be essential reading for practitioners and academics.

What is the Role of Legal Systems in Financial Intermediation?

2007
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Release : 2007
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Book Synopsis What is the Role of Legal Systems in Financial Intermediation? by : Laura Bottazzi

Download or read book What is the Role of Legal Systems in Financial Intermediation? written by Laura Bottazzi. This book was released on 2007. Available in PDF, EPUB and Kindle. Book excerpt:

Intermediation of Insurance and Financial Services in European VAT

2011-01-01 Law
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Release : 2011-01-01
Genre : Law
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Book Rating : 327/5 ( reviews)

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Book Synopsis Intermediation of Insurance and Financial Services in European VAT by : Claus Bohn Jespersen

Download or read book Intermediation of Insurance and Financial Services in European VAT written by Claus Bohn Jespersen. This book was released on 2011-01-01. Available in PDF, EPUB and Kindle. Book excerpt: The current European VAT legislation encompassing insurance and financial services, including intermediation thereof, dates back to the adoption of the Sixth VAT Directive in 1977. The definitions do not, however, encompass the current complexity of insurance and financial transactions. This has resulted in considerable confusion for fiscal authorities and for businesses when deciding upon the application of the VAT exemption. As the correct VAT treatment has a significant economic impact on businesses, a great number of cases have been referred to the Court of Justice of the European Union. This is also the reason why the European Commission presented its proposal for the future treatment of insurance and financial services, including intermediation thereof, in November 2007. The political process has not yet been finalised and if the Commission's proposal is agreed upon, the question of understanding the definitions still exists. This book deals with the exemption for intermediation of insurance and financial services within European VAT. This implies analysing the methods of interpretation applied by the Court of Justice of the European Union when interpreting the provisions regarding insurance and financial services. Furthermore, the current definitions for intermediation of insurance and financial services as provided for in the VAT Directive are analysed and conclusions are made in order to define a single concept of intermediation. These analyses are followed by various practical scenarios from case law of the Member States concerning intermediation of insurance and financial services. Finally, comments based on the analyses carried out are given on the European Commission's proposal for amending the VAT Directive and the accompanying Regulation regarding intermediation of insurance and financial services.

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