基本説明
The book examines the broad spectrum of banking organizations in the UK, the new regulatory regime of the Financial Services and Markets Act, banker and customer relationships, and the various different types of loan and credit agreements in operation.
Full Description
This new edition sets banking law clearly against the background of general legal doctrines and discusses its operation in the context of its wider economic function. Although focusing on English law, considerable use is made of illuminating US, Canadian, and Australian examples as well. Part One examines the different types of banks and banking organizations operating in the United Kingdom and reviews the new regulatory regime for banking under the Financial Services and Markets Act 2000. Part Two analyses the banker and customer relationship, explaining the different types of accounts available, the duties and trustee liability of banks, and the latest processes used in the clearance of cheques and money transfers. Part Three then discusses issues relating to overdrafts, bank loans, credit agreements, securities, and mortgages.
Fully updated and revised to take into account the considerable changes in banking law, regulation, and practice that have taken place in recent years, this edition contains substantial new material on the new regulatory regime, electronic banking and the implications of electronic money transfers, lender liability (including liability for environmental damage), recovery of mistaken payments, syndicated lending, and on tracing and banker liability as constructive trustee.
Contents
1. THE STRUCTURE OF THE BRITISH BANKING WORLD; 2. The Control of Banking Activities in the United Kingdom; 3. Legal Definition and Privileges of Banks; 4. The Bank and its Customers; 5. THE BANK'S ROLE AS A DEPOSITORY; 6. The Current Account; 7. Special Types of Account; 8. Interest-bearing Accounts; 9. The Bank's Role as Paying Agent: Cheques; 10. The Paying Bank; 11. Recovery of Money Paid by Mistake; 12. The Giro-System and Electronic Transfer of Funds; 13. Payment Cards; 14. The Bank's Role in Collecting Cheques; 15. Incidental Services Performed by Banks; 16. CURRENT ACCOUNT FINANCING AND LOANS; 17. Acceptance Credits and Bills of Exchange; 18. Securities for Bankers' Advances: The General Part; 19. Proprietary Securities; 20. Possessory Securities; 21. Choses in Action as Security