The Law of Global Custody provides both an introduction to, and a detailed analysis of, the law relating to global custody for all those wishing to review and manage legal risk in the field of global custody and related areas such as escrow services, cross border securities collateral and the post trade infrastructure.
With this excellent book you will gain a better understanding of the implications of acting as, or holding assets with, a custodian. It will help you to be more efficient when providing or using custody services, drafting and negotiating custody terms and creating or analysing any structures involving a custody element.
This new third edition has been fully updated to take account of the significant legislative changes and developments that have taken place since the last edition, including: An explanation of UK regulatory context updated to reflect changes in the FSA rules, particularly as a result of the implementation of MiFID in the UK; The discussion of the Financial Collateral Directive now contains particular reference to the implementation of the Directive in the UK and relevant issues arising; The summary of the operation of the CREST system (Euroclear UK & Ireland) has been considerably revised and updated; International developments, including the draft UNIDROIT Convention on Substantive Rules regarding Intermediated Securities, and the EU Commission's Code of Conduct for Clearing and Settlement; Up-to-date references to relevant case law and other source materials; Updated tax chapter to reflect the implementation and proposed reform of the EU Savings Directive, recasting of relevant legislation as a result of the tax law rewrite project; Detailed amendments to relevant rules made by successive Finance Acts.
Carefully structured and clearly written, with annotations and helpful guidance throughout, this book offers an accessible and authoritative account of this complex area of law.
Previous ISBN: 9781847661425
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Table of Contents
Chapter 1 Introduction; Chapter 2 Securities in the electronic environment – how transfers occur; Chapter 3 Custodian as trustee – The custody relationship in the electronic environment; Chapter 4 The use of the custody portfolio as collateral; Chapter 5 Cross-border questions; Chapter 6 The global custodian's duties; Chapter 7 Regulatory duties; Chapter 8 Overview of post-trade infrastructure; Chapter 9 UK settlement systems; Chapter 10 UK taxation; Chapter 11 Conclusions.