Liability of Asset Managers

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Danny Busch, Deborah DeMott
OUP Oxford, Mar 8, 2012 - Law - 624 pages
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Given the international nature of the asset management industry, lawyers representing investors, asset managers, and regulators are often confronted with asset management agreements governed by foreign law. This book provides the necessary points of law and practice in the leading jurisdictions allowing lawyers to identify the main pitfalls concerning the foreign law in question. This book is the only comparative analysis of the law of asset manager liability in the major European jurisdictions, the United States, and Canada, each written by specialists from the relevant jurisdiction. This is a much-needed guide on the disparate regulation of asset manager liability in these countries highlighting the absence of uniformity in this area of law despite the implementation of MiFID in Europe. The section on European law provides an overview of the regulation in this field regionally and provides the context in which the national chapters explore the regulation at country level. The comparative evaluation at the end of the book provides a thoughtful assessment of the impact of regulatory frameworks on asset managers private law duties and liabilities. The Introduction situates the country-by-country material within the broader context of questions about regulatory design and effectiveness.
 

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Contents

Preface
Table of Legislation
Agreements
List of Contributors
Scope ofthebook
2
New European Financial Supervisory
Conduct ofBusiness
Definitions and Qualifications
The PrivateLaw Duties of anAsset
The Regulatory Framework
The PrivateLaw Duties of an Asset
Liability of anAssetManager
Liability of an Asset Manager
Regulatory Framework
Manager

France
Definitions and Qualifications
Management Contract
Impactof Violation of RegulatoryDuties on the Asset Managers Private Law Liability
Institutions Processes andRules IV The Private LawDuties of anAsset Manager V Liabilityofan Asset Manager
Manager
Liability VI Governing Law and Dispute Resolution
Germany
Definitions andQualifications
TheRegulatory Framework
Conclusion
Liability of an Asset Manager
9
England andWales Lodewijk VanSettenand Tim Plews
Definitionsand Qualifications III The Regulatory Framework
Luxembourg
United Statesof America
Liabilityof an Asset Manager
GoverningLawand Dispute Resolution
Introduction
Ireland
Regulatory Duties
Liability of an Asset Manager
Governing Law and Dispute Resolution
Conclusions
Canada
CONCLUSION
May PrivateLaw DutiesbeStricter than RegulatoryDuties?
Index
Poland
Copyright

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About the author (2012)

Danny Busch is Professor of Financial Law at Radboud University Nijmegen. His research interests include banking and securities law, tort law, contract law, agency law and comparative law. Deborah DeMott is Professor of Law at Duke University School of Law. She has written on corporate law, takeovers and acquisitions, and fiduciary obligations.

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