Keeping Pace with Change: Fintech and the Evolution of Commercial Law

Keeping Pace with Change: Fintech and the Evolution of Commercial Law
Author: International Monetary Fund
Publisher: International Monetary Fund
Total Pages: 31
Release: 2022-01-27
Genre:
ISBN: 1616358750

This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.

Chinese Commercial Law

Chinese Commercial Law
Author: Maarten Roos
Publisher: Kluwer Law International B.V.
Total Pages: 330
Release: 2010-01-01
Genre: Law
ISBN: 9041132546

The rapid and continuing development of the Chinese economy and its markets has made business with China an integral component of the strategies of countless foreign companies, regardless of their size or form. However, in order to turn opportunities into successful enterprises, managers need a practical guide on the legal aspects of conducting business in China, and on the strategies for effectively circumventing unnecessary risks while simultaneously using the legal system to strengthen operations and protect interests. This remarkable book provides the necessary insight and guidance to devise a corporate strategy, and to tackle issues relating to common aspects of doing business with Chinese counterparts, investing in a Chinese enterprise, and engaging in business operations there. Drawing on expertise gained during eight years in China serving the legal needs of foreign companies, the author shows how many of the mistakes that foreign companies make can easily be avoided by conducting a proper due diligence and understanding how applicable laws work in practice. He clearly describes the opportunities and pitfalls exposed as a foreign investor engages with such elements of business in China as the following: negotiating a detailed written contract; performing a legal and commercial due diligence on a prospective partner; resolving disputes through negotiation, arbitration or litigation; establishing and enforcing trademarks, patents and other intellectual property rights; investing in China; considering the joint venture structure; expanding through a merger or acquisition; restructuring or liquidating an operation; designing and implementing effective corporate governance; retaining, managing and terminating employees; arranging funds into and out of China; ensuring both tax efficiency and tax compliance; and avoiding criminal liabilities in the course of doing business. Whether seeking to source from China or to establish manufacturing facilities in China to produce for export, to sell products or services on the domestic market, or even just to act as a conduit between China and the outside world, business managers and their counsel from all over the globe and across all industries will benefit enormously from this deeply informed, insightful, and practical guide

Commercial Law

Commercial Law
Author: Yvonne McLaren
Publisher: Goodfellow Publishers Ltd
Total Pages: 219
Release: 2016-09-30
Genre: Business & Economics
ISBN: 1911396145

A clear and insightful text which puts Scottish law in a global context. It explains the relevance of Scots law to those whose main specialism is not law, and gives practical advice and straightforward, jargon-free expla¬nations of concepts, as well as how to study and write about commercial law.

Commercial Law

Commercial Law
Author: Nicholas Ryder
Publisher: Cambridge University Press
Total Pages: 912
Release: 2012-06-14
Genre: Law
ISBN: 1139510312

This innovative textbook examines commercial law and the social and political context in which it develops. Topical examples, such as funding for terrorism, demonstrate this fast-moving field's relevance to today's concerns. This wide-ranging subject is set within a clear structure, with part and chapter introductions setting out the student's course of study. Recommendations for further reading at the end of every chapter point the reader to important sources for advanced study and revision questions encourage understanding. The extensive coverage and detailed commentary has been extensively market tested to ensure that the contents are aligned with the needs of university courses in commercial law.

Commercial Law Applied

Commercial Law Applied
Author: David E. Robinson
Publisher: Createspace Independent Pub
Total Pages: 158
Release: 2012-08-01
Genre: Education
ISBN: 9781478390350

The principles, maxims and precepts of Commercial Law are eternal, unchanging and unchangeable. They are expressed in the Bible, both in the Old Testament and in the New. The law of commerce -- unchanged for thousands of years -- forms the underlying foundation of all law on this planet; and for governments around the world. It is the law of nations, and of everything that human civilization is built upon. This is why Commercial Law is so powerful. When you operate at the level of Commercial Law, by these precepts, nothing that is of inferior statute can overturn or change it, or abrogate it, or meddle with it. It is the fundamental source of all authority, power and functional reality.

Introduction to New Zealand Commercial Legislation 2020

Introduction to New Zealand Commercial Legislation 2020
Author: Wolters Kluwer
Publisher:
Total Pages:
Release: 2020
Genre:
ISBN: 9781775473237

Consolidated to 1 December 2019, this volume contains key contract and commercial legislation specifically selected to cater for the needs of commercial law students. This book is comprehensively indexed and includes: Contract and Commercial Law Act 2017 Credit Contracts and Consumer Finance Act 2003 Fair Trading Act 1986 Consumer Guarantees Act 1993 Property Law Act 2007 ¿ Contracts Provisions.

Global Legal Pluralism

Global Legal Pluralism
Author: Paul Schiff Berman
Publisher: Cambridge University Press
Total Pages: 357
Release: 2012-02-27
Genre: Law
ISBN: 1107376912

We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.

Commercial Law in New Zealand Business

Commercial Law in New Zealand Business
Author: Agnes McKay
Publisher:
Total Pages: 505
Release: 2017-12-31
Genre: Commercial law
ISBN: 9780864729415

This textbook is developed for New Zealand students by New Zealand lecturers. It has been specifically written to meet the needs of the NZDipBus510 Commercial Law paper, following learning outcomes and providing accessible, local guidance through case law, legislation, and the interaction between different concepts, all explained in plain English with polytech business students in mind. To assist students in their learning it has break-out case notes, explanations, examples and activities, with additional resources included in the e-book.

Contract Law and Contract Practice

Contract Law and Contract Practice
Author: Catherine E Mitchell
Publisher: A&C Black
Total Pages: 442
Release: 2014-07-18
Genre: Law
ISBN: 1782253130

An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.