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'Written by exceptionally experienced practitioners in the field of finance, this enormously expert work is the ultimate answer to all questions anybody could ask about the law of financial collateral in England and Scotland, a stupendous achievement.'
- Philip R. Wood, CBE, QC (Hon), Special Global Counsel, Allen & Overy LLP, London, UK
As the volume of transactions in European financial markets continues to grow, the use of financial collateral, be it in the form of cash, shares, bonds or credit claims, has become a critical tool in supporting and managing risk in financial transactions.
This book is the first of its kind to offer a systematic examination of the whole law relating to financial collateral. It does so in two parts. First, it explains the law created by the Financial Collateral Arrangements (No 2) Regulations 2003, the Directive it implemented and related legislation. Second, it examines how financial collateral is used in practice in a range of different markets. It will be an essential reference point for all legal practitioners operating in financial markets.
Key features:
- Analytical rigour combined with insight into how financial collateral works in practice, covering both English and Scots law
- Valuable discussion of control and possession tests, right of use, remedy of appropriation, close-out netting and impact of 'bail-in'
- Explains use of financial collateral in the derivatives market, clearing houses, direct and indirect securities holding systems and use of repos, securities lending and prime brokerage
- Highlights key issues on regulatory treatment and conflicts of laws
- Discusses direction of future law reform
- Written by leading experts in the field.
- Sales Rank: #5237828 in Books
- Published on: 2016-04-26
- Original language: English
- Dimensions: 9.75" h x 6.75" w x 2.00" l,
- Binding: Hardcover
- 872 pages
About the Author
Geoffrey Yeowart, Hogan Lovells International LLP and Robin Parsons, Sidley Austin LLP with Edward Murray, Allen & Overy LLP and Hamish Patrick, Shepherd and Wedderburn LLP, UK
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AN ENORMOUSLY EXPERT WORK AND A STUPENDOUS ACHIEVEMENT EXPLAINING THE LAW OF FINANCIAL COLLATERAL
By Phillip Taylor MBE
AN ENORMOUSLY EXPERT WORK AND A STUPENDOUS ACHIEVEMENT EXPLAINING THE LAW OF FINANCIAL COLLATERAL
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Normally one would start by reviewing Lennie Hoffmann’s excellent observations in his Foreword to this important new work from Edward Elgar on financial collateral. However, it is to Professor Philip R Wood that we first turn for comment. Wood calls this work ‘enormously expert’ and put together by exceptionally experienced practitioners in the field of finance.
High praise, indeed, but most welcome for this ‘stupendous achievement’ can be regarded as the ultimate answer to all questions anyone could ask about the developing law of financial collateral.
Hoffmann has his own description writing that “the clarity and comprehensiveness with which it is written would have saved me a good deal of effort in trying to understand an unfamiliar subject” at a time when he was Chairman of the Financial Markets Law Commission. And the role of the book is designed for basic and fundamental legal concepts for practitioners and advisers to understand.
For instance, an entrancing issue analysed in chapter 12 covers the clash between, on one side, the need for certainty in sophisticated financial transactions involving massive sums of money in the age of instant communication, compared with the medieval doctrine of relief against forfeiture raised in the Cukurova case. Just one of many examples which make this work of enormous importance to all lawyers and those who work in the financial industry!
So why is the book so important? It explains the working of the wholesale financial markets which entirely depends on the existence of efficient means for providing financial collateral security. The conclusion being that the management of the risk would be impossible without it- a point of substantial importance for any law firm and why this book is so valuable to us.
“Yeowart and Parsons” also explain why it is essential to have legal rules which make the granting of financial collateral security “simple and its consequences predictable”.
And it is therefore the first book on English law to deal comprehensively with the entire subject of financial collateral security where the global reach of wholesale financial dealings means that rules confined just to the UK would clearly be inadequate.
Hoffmann makes an important point saying that there seems to be an “inverse proportion between the importance of the subject and the extent of the literature which deals with it”. And yet, “so little attention has been paid to the legal rules which are essential to the functioning of the City of London”. The remedy has been “Yeowart and Parsons” ably assisted by Edward Murray and Hamish Patrick on this first class statement of law based on the Directive.
“The Law of Financial Collateral” is, indeed, an essential reference point for all legal practitioners operating in the financial markets and we are all very lucky to have this information in one place for the first time.
The law is stated as at 1st January 2016.
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