Retail Depositor and Retail Investor Protection under EU Law

Retail Depositor and Retail Investor Protection under EU Law
Author: Constantinos Tokatlides
Publisher: Taylor & Francis
Total Pages: 253
Release: 2017-02-10
Genre: Business & Economics
ISBN: 1317224205

Retail Depositor and Retail Investor Protection under EU Law offers an original perspective on EU financial law in the area of retail investor protection, examining the status of protection awarded by EU law to retail depositors and retail investors in the event of financial institution failure. The analysis of relevant EU law is on the basis of effectiveness and has been elaborated in two levels of comparison. The first comparative approach examines relevant EU law both externally and internally: externally, vis-à-vis relevant international initiatives and developments in the area of financial law, as the latter affect the features and evolution of EU law, and internally by examining relevant instruments of EU law with regard to each other as to their normative structure and content. The second comparative approach also examines the status of retail depositors in relation to that of retail investors under EU law, in the event of financial institution failure, and the relevant legal consequences thereof.

How to Protect Investors

How to Protect Investors
Author: Niamh Moloney
Publisher: Cambridge University Press
Total Pages: 501
Release: 2010-01-21
Genre: Law
ISBN: 1139485555

As governments around the world withdraw from welfare provision and promote long-term savings by households through the financial markets, the protection of retail investors has become critically important. Taking as a case study the wide-ranging EC investor-protection regime which now governs EC retail markets after an intense reform period, this critical, contextual and comparative examination of the nature of investor protection explores why the retail investor should be protected, whether retail investor engagement with the markets should be encouraged and how investor protection laws should be designed, particularly in light of the financial crisis. The book considers the implications of the EC's investor protection rules 'on the books' but also considers investor protection law and policy 'in action', drawing on experience from the UK retail market and in particular the Financial Services Authority's extensive retail market activities, including the recent Retail Distribution Review and the Treating Customers Fairly strategy.

Disclosure, Inducements, and Suitability Rules for Retail Investors Study

Disclosure, Inducements, and Suitability Rules for Retail Investors Study
Author:
Publisher:
Total Pages: 0
Release: 2023
Genre:
ISBN: 9789276997627

Financial markets, within and beyond the EU internal market, are characterised by their complexity, with the risk that decisions made by consumers do not necessarily serve their real needs when entering these complex market as (potential) private buyers - but rather benefit the suppliers or intermediaries involved in the sale of financial products. The diversity of the products and the way they are presented makes it challenging for many consumers to perform a thorough and rational screening of information and make an informed decision process by weighing up the (absolute and relative) risks and costs of different investment offers against their (potential) returns. There is therefore a risk that (new) investment decisions are being driven by factors other than rational choice. EU legislation in the area of retail investor protection aims to address, at least partly, challenges stemming from the information asymmetry and lack of product transparency. It aims to make the supply of financial products more easily "navigable" for consumers through pre-contractual disclosure and also to ensure that advisors act in the client's best interests and are able to offer impartial advice on the basis of a clear assessment of the client's needs, objectives and financial situation. It aims to prevent conflicts of interest and ensure sure that potential conflicts of interest are disclosed. In this context, the European Commission commissioned a study to feed into the development of the retail investment strategy announced for 2022, which is one of the actions planned under the Capital Markets Union's Action Plan. The aim of the Retail Investment Strategy is to respond to new challenges in the market, such as the increasing digitalisation of investment advice and the use of digital distribution channels. The objectives of the Retail Investment Strategy as defined in the CMU Action Plan are expected to ensure that retail investors in the EU: - benefit from adequate protection; - are offered bias-free advice and fair treatment; - have access to open markets with a variety of competitive and cost-efficient financial services and products; and - are provided with transparent, comparable and understandable information about products. The CMU Action Plan also defines 16 action areas. Action area 8 - building retail investors' trust in capital markets - covers issues at the core of this study, notably inducements and disclosure.

Retail Depositor and Retail Investor Protection under EU Law

Retail Depositor and Retail Investor Protection under EU Law
Author: Constantinos Tokatlides
Publisher: Routledge
Total Pages: 256
Release: 2017-02-10
Genre: Business & Economics
ISBN: 1317224191

Retail Depositor and Retail Investor Protection under EU Law offers an original perspective on EU financial law in the area of retail investor protection, examining the status of protection awarded by EU law to retail depositors and retail investors in the event of financial institution failure. The analysis of relevant EU law is on the basis of effectiveness and has been elaborated in two levels of comparison. The first comparative approach examines relevant EU law both externally and internally: externally, vis-à-vis relevant international initiatives and developments in the area of financial law, as the latter affect the features and evolution of EU law, and internally by examining relevant instruments of EU law with regard to each other as to their normative structure and content. The second comparative approach also examines the status of retail depositors in relation to that of retail investors under EU law, in the event of financial institution failure, and the relevant legal consequences thereof.

The EU Issuer-disclosure Regime

The EU Issuer-disclosure Regime
Author: Gaëtane Schaeken Willemaers
Publisher: Kluwer Law International B.V.
Total Pages: 378
Release: 2011-01-01
Genre: Business & Economics
ISBN: 9041133941

Présentation de l'éditeur : "In an examination that is at once critical, comparative and interdisciplinary, the book discusses the stated objectives of the EU issuer-disclosure regime - principally about retail investor protection - and then goes on to identify objectives that can actually be met in practice, i.e. market efficiency and corporate governance. The author concludes by drawing concrete policy and regulatory implications, along the way covering such aspects and ramifications of the regime. In its defence of the power of market forces as regulatory means, and its clear argument that market finance should be seen at a minimum as a useful complement to bank credit and other financing sources, this important book can claim a privileged space in the debate over the role of disclosure requirements in securities regulation."

Regulating Investor Protection under EU Law

Regulating Investor Protection under EU Law
Author: Antonio Marcacci
Publisher: Springer
Total Pages: 404
Release: 2018-06-27
Genre: Business & Economics
ISBN: 3319902970

This book analyzes the legal system for the protection of retail investors under the European Union law of investment services. It identifies the regulatory leitmotiv driving the EU lawmaker and ascertains whether and to what extent such a system is self-sufficient, using a set of EU-made and EU-enforced rules that is essentially different and autonomous from the domestic legal orders. In this regard, the book takes a double perspective: comparative and intra-firm. Given the federal dimension of the US legal system and, thus, the “role-model” it plays vis-à-vis the EU, the book compares the two systems. To fully highlight the existing gaps and measure how self-sufficient the EU system is against its American counterpart, the Union/Federal level as such is analyzed – i.e., detached from the national (in EU terms) and State (in US terms) level. Regulating Investor Protection under EU Law also showcases the unique intra-firm perspective from a European investment firm and analyzes how EU-produced public-law rules become a set of compliance requirements for investment services providers. This “within-the-firm” angle gauges the self-sufficiency of the EU system of retail investor protection from the standpoint of an EU-regulated entity. The book is intended for both compliance professionals and academic scholars interested in this topic while also including illustrative sections intended to provide a broader regulatory view for less-experienced readers.

EU Energy Relations With Russia

EU Energy Relations With Russia
Author: Umut Turksen
Publisher: Routledge
Total Pages: 190
Release: 2018-02-19
Genre: Law
ISBN: 1351703021

This book provides a detailed analysis of the legal framework in which the energy trade between the European Union and the Russian Federation has been conducted. Using case studies of eight member states, it critically examines the EU’s ability and the duty of its Member States to conduct their external energy trade in accordance with the principle of solidarity. Providing a comprehensive analysis of the principle of solidarity as provided in the acquis communautaire of the EU, the book critically analyses the legal framework pertaining to EU-Russia energy trade to ascertain whether, and to what extent, it satisfies the requirements of the rule of law.

Judicial Review in the European Banking Union

Judicial Review in the European Banking Union
Author: Chiara Zilioli
Publisher: Edward Elgar Publishing
Total Pages: 672
Release: 2021-02-26
Genre: Law
ISBN: 1800373201

This is the first book to offer a profound, practical analysis of the framework for the judicial and pre-judicial protection of rights under the supranational banking supervision and resolution powers in the European Banking Union (EBU). It is also unique in its in-depth commentary on the developing case law from the European Court of Justice in this new field of EU litigation.