Overview

Given the international nature of the asset management industry, lawyers representing investors, asset managers, and regulators are often confronted with asset management agreements governed by foreign law. This book provides the necessary points of law and practice in the leading jurisdictions allowing lawyers to identify the main pitfalls concerning the foreign law in question.This book is the only comparative analysis of the law of asset manager liability in the major European jurisdictions, the United States, and Canada, each written by specialists from the relevant jurisdiction. This is a much-needed guide on the disparate regulation of asset manager liability in these countries highlighting the absence of uniformity in this area of law despite the implementation of MiFID in Europe.The section on European law provides an overview of the regulation in this field regionally and provides the context in which the national chapters explore the regulation at country level. The comparative evaluation at the end of the book provides a thoughtful assessment of the impact of regulatory frameworks on asset managers private law duties and liabilities. The Introduction situates the country-by-country material within the broader context of questions about regulatory design and effectiveness.

Full Product Details

Author:   Danny Busch (Institute for Financial Law, University of Nijmegen, The Netherlands) ,  Deborah DeMott (David F. Cavers Professor of Law, Duke University, U.S.A.)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.50cm , Height: 4.10cm , Length: 24.80cm
Weight:   1.212kg
ISBN:  

9780199608737

ISBN 10:   0199608733
Pages:   620
Publication Date:   08 March 2012
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

I: Introduction 1: Busch and DeMott: Introduction II: EU LAW 2: Grundmann-van de Krol: The Markets in Financial Instruments Directive and Asset Management III: Civil Law Legal Systems 3: Couret, Goutay and Zabala: France 4: Casper and Altgen: Germany 5: Giudici and Bet: Italy 6: Riassetto and Richard: Luxembourg 7: Busch and Silverentand: The Netherlands 8: Kawecki: Poland 9: Ruiz Bachs and Diaz Ruiz: Spain 10: Thevenoz and Bretton-Chevalier: Switzerland IV: Common Law Legal Systems 11: Bates and Clarke: Ireland 12: Van Setten and Plews: England and Wales 13: DeMott and Laby: United States V: Mixed Legal Systems 14: Cabrelli: Scotland 15: Hughes and Jordan: Canada VI: Conclusions 16: Busch and DeMott: Comparative Analysis of the Jurisdictions

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Author Information

Danny Busch is Professor of Financial Law at Radboud University Nijmegen. His research interests include banking and securities law, tort law, contract law, agency law and comparative law. Deborah DeMott is Professor of Law at Duke University School of Law. She has written on corporate law, takeovers and acquisitions, and fiduciary obligations.

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