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1.
《Jnl of Intellectual Property Law & Pract》2008,3(3):150
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《Jnl of Intellectual Property Law & Pract》2008,3(4):209-210
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《Jnl of Intellectual Property Law & Pract》2008,3(1):5
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《Jnl of Intellectual Property Law & Pract》2008,3(2):71
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The first 150 words of the full text of this article appear below.
1. Jurisdictions of the world
2. Legal families for the purposes of financial law
3. Characteristics of measurement criteria
4. General financial law criteria
5. Application of general criteria to legal systems
6. Legal and political infrastructure as a criterion
7. Commonality of underlying regulatory law
8. Criteria for measuring regulatory law
Identity and independence of regulators Codification of the law Criminalization of the law Xenophobia and protectionism Degree of investor protection Freedom index
9. Comparison of the US and the UK
10. Background influences on the regulatory regime
相似文献
It is the policy of this Journal to only publish material thathas not been published previously. However, an exception hasbeen made with this article as the work from which it has beendrawn has only recently published. This article is taken fromPhilip Wood's Regulation of International Finance, one of aseries of nine works by Philip Wood on the law of practice ofInternational Finance, published by Sweet & Maxwell in 2007.Philip Wood is a member of the Editorial Board of Capital MarketsLaw Journal. Many readers of Capital Markets Law Journal aroundthe world will not have had the chance to read this very topicalarticle which is of exceptional quality and Capital MarketsLaw Journal is very pleased to make it available to the widercapital markets community. TheEditorsKey points
- This article examines the criteria which might usefullybe
. . . [Full Text of this Article]
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《Jnl of Intellectual Property Law & Pract》2008,3(4):206-208
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The first 150 words of the full text of this article appear below. Key points
1. Introduction
As modern Islamic finance moves through the second decade ofthe period of ‘transformation . . . [Full Text of this Article]
2. Islamic finance
What is Islamic finance? Shari’ah supervisory boards Composition Roles and Fatawa A few basic (and generalized) Shari’ah principles
3. Forces influencing the development of Islamic capital markets
Modern islamic finance Interregnum to ‘revival and recovery’ The nominate contracts; custom; English language; practical experience Innovation and transformation: nominates and consensus Multilateral organizations OIC Fiqh Academy AAOIFI: accounting and auditing organization for Islamic financial institutions IDB: Islamic Development Bank IFSB: Islamic Financial Services Board Risk allocation: expectations and responsibilities Risk assessment Standardization and contractual enforceability Market disequilibrium: the assumption of interest
4. Transactional practice: legal opinions on enforceability
Governing law The continuum from Shari’ah incorporation to purely secular Current transactional practice
5. Enforceability in secular jurisdictions: Shamil Bank v Beximco
The opinion Some relevant principles
6. Enforceability in incorporated jurisdictions
Systemic matters Sukuk and capital markets Introduction to sukuk Legal infrastructure: specific legal issues
7. Transactional developments since the late 1990s
Equities and equity funds Real estate funds Private equity funds Hedge funds Derivatives and derivative funds Factoring Sukuk
8. Conclusion
相似文献
- As modern Islamic finance continues to develop, thedevelopment and growth of capital markets, including secondarymarkets, for securities and investments that are compliant withthe principles and precepts of Islamic Shari'ah, is being witnessed.
- Thisarticle first considers the nature of Islamic finance, thenlooks at the primary factors influencing the development andgrowth of Islamic capital markets, before looking at the factorsaffecting risk assessment by transactional participants, particularlythose pertaining to certainty, predictability and transparencyof risk factors.
- Capital markets transactions involve bothShari'ah and secular jurisdictions, and legal opinions and choiceof governing law for transactional documentation in each typeof jurisdiction are critical factors in effecting these transactionsand the growth of these markets.
- The article concludes withan overview of the state of the capital markets products.
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The first 150 words of the full text of this article appear below. Key points
1. Introduction
. . . [Full Text of this Article]
2. Overview of the case
The facts The decision The ratio Appeals
3. Significance of the case
4. Nature of appropriation
Nature of security interest Contrast title transfer collateral arrangements Meaning of appropriation The issue in the case
5. Indirectly held securities
6. The Financial Collateral Directive regime
7. Interpretation of UK provisions implementing EU legislation
8. Doctrine versus pragmatism
相似文献
- The recent decision of the High Court of the BritishVirgin Islands in Alfa v Cukurova has caused a stir among lawyersserving the international financial markets based in London.
- Thedecision concerns the meaning of ‘appropriation’.Appropriation is a new remedy for collateral takers introducedby the Financial Collateral Arrangements (No. 2) Regulations2003, which implement the Financial Collateral Directive.
- Thedecision holds that effective appropriation requires the collateraltaker to take over from the collateral giver the ability todeal with the collateral as its own.
- In Cukurova, where anequitable mortgage was taken over directly held shares, thisrequired that the collateral taker become the registered ownerof the shares.
- The decision was appealed to the BVI Court ofAppeal in late January 2008 and may go further. In the meantime,this article provides an overview of the decision and considersits wider significance.
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The first 150 words of the full text of this article appear below. Key points
1. Introduction
Scholarship describes professionals who participate in securitiesofferings, and who represent public companies in . . . [Full Text of this Article]
2. Background
3. Modelling law firm impact in IPOs
Theories of IPO pricing Relationship between pre-IPO price adjustment and diligence in legal services Extension of Hanley's model Conservative model—only a portion of the impact is identified Issuer's counsel v underwriters’ counsel Confirming proper model specification Increased risk of an investment in the issuer affecting probability of engagement of quality law firm Different signs between issuer's lawyer and underwriters’ lawyer
4. Data
Summary statistics Measure of law firm prestige
- The article investigates the relationship betweenpricing in an initial public offering (IPO) and the prestigeof the participating underwriters’ law firm.
- The hypothesisof the article is that law firm quality affects how law firmsperform their obligations in IPOs—more prestigious lawfirms acting more independently. Consistent with this hypothesis,the authors find a negative relationship between pre-IPO priceadjustment and the participation of prestigious underwriters’counsel, and a negative relationship between the participationof prestigious underwriters’ counsel and initial return,which is consistent with market trading reflecting the decreasedrisk associated with offerings involving prestigious underwriters’counsel.
- Finally, it is found that certain observable characteristicsindicating diminished likelihood of undisclosed negative information(venture backing and quality of the issuer's counsel) are associatedwith an increased likelihood that prestigious underwriters’counsel is used.