Global Legal Insights : Banking Regulation (9 Revised edition)

Banking has a global reach. It is also a heavily regulated industry. Simply staying abreast of the ongoing developments is a challenge, even for the most dedicated specialist, let alone anticipating future change.

Technological developments potentially disrupt the industry, but it remains difficult to predict whether, when or to what extent this will happen and how regulators will address the challenges arising therefrom.

Furthermore, new scandals and crises may prompt regulators and lawmakers to launch new regulatory initiatives.

It is therefore important to look past the buzzwords and perform a thorough analysis from a legal and regulatory perspective in each individual case.

While the developments continue at a breathtaking pace, fintech has already triggered initiatives for regulatory change in numerous jurisdictions. This is where this book comes in. It provides general counsels, regulators and lawyers with a comprehensive insight into banking regulation in 20 jurisdictions around the world.

The chapters have been written by leading practitioners in each jurisdiction, who provide their analysis and views on the current state of regulation and ongoing developments.

To facilitate comparisons, the structure of each chapter is the same: it starts by introducing the reader to the architecture of banking regulation in each jurisdiction, covering both the rules that are applicable to banks and the regulators in charge of supervising and enforcing them, followed by an overview of new trends and legal developments in the area of banking. The authors further describe the key requirements for governance of the board of directors and senior executive management, as well as internal control and risk management of financial institutions.

The chapters extend to presenting regulatory capital requirements, analysing the role of national and international standards in defining these requirements, as well as the impact of international initiatives to improve capital and liquidity requirements in the jurisdictions that are surveyed.

Finally, the rules protecting clients are reviewed, covering not only rules that apply to the conduct of banks when dealing with clients, butalso rules on cross-border services and anti-money laundering initiatives. Overall, our hope is that this book will prove a stimulating and insightful read, which will prepare banks and their advisers not only to overcome but to master the challenges they and their clients are facing at a local and global level.