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LAW6009 The Law of Finance

Note: Restricted to final year students. 

Description

(1) The legal context of the financial crisis Sources of finance law: "Money", "finance" and the role of law in financial markets; The Lamfalussy Process; Key financial markets, products and instruments; (2) Principles of UK financial regulation: The FSA regulatory architecture; The scope of regulated activities, authorisation and general prohibitions; Conduct of business; Market abuse; (3) Financial crime: Insider dealing; Money laundering; (4) Themes in the overlap of private law and financial regulation: (5) Contract law and the law of finance: Creation of contracts in the light of conduct of business regulation; Master agreement structures and standard market agreements; Loan contracts and syndicated lending; Termination of financial contracts and remedies; (6) Wrongs in the law of finance: Tort of deceit; Negligence in relation to takeovers and the issue of securities prospectuses; FSMA 2000 specific liabilities for wrongs; Breach of fiduciary duties; (7) Securities Law: Offers of securities to the public; Liability for prospectuses; Transparency obligations; Listing of securities; (8) Banking law: The banker-customer relationship; Principles of banking regulation; (9) Derivatives: The nature of financial derivatives; The documentation of financial derivatives; (10 ) Collateralisation and taking security of 2007-09.

Credits

30

Assessment

100 per cent exam

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