Banking Law and Practice
9%
off

Banking Law and Practice

Free delivery worldwide

Available. Dispatched from the UK in 2 business days
When will my order arrive?

Description

A solid understanding of how banks operate is crucial to grasp the functioning of modern society. Banks are an intrinsic part of business, finance, and everyday life. Modern banking is regulated by a sophisticated set of laws and regulations that are constantly evolving. Banking Law and Practice from the Hong Kong Institute of Bankers outlines and explains these laws and regulations clearly and in detail.

This regulatory framework has a deep impact on banks, bankers, and anyone that deals with them, which is the overwhelming majority of society. This high level of impact makes Banking Law and Practice an important book as well as a necessary and authoritative reference for industry professionals, students, and the public at large.

Banking Law and Practice discusses a range of topics that have a direct bearing on the day-to-day operations of banks, from contracts to how to ensure safe and secure lending. It examines the development and current state of banking legislation and regulation and facilitates bankers and their institutions to shape their practice to meet all the necessary legal and regulatory requirements.

Students, industry professionals, and the public at large will welcome the thorough and clear explanations of the legal and regulatory framework in which banks operate. This book is essential reading for candidates studying for the HKIB Associateship Examination and anyone else seeking expert knowledge of the legal and regulatory structure affecting banks in Hong Kong.

Topics covered in this book include:



Contractual Relationships
Code of Banking Practice
Money Laundering
Negotiable Instruments
Law Related to Securities
Bankruptcy and Insolvency
show more

Product details

  • Paperback | 256 pages
  • 181 x 243 x 20mm | 694g
  • Wiley-Blackwell
  • Hoboken, United States
  • English
  • 1. Auflage
  • 0470827610
  • 9780470827611
  • 957,347

Table of contents

Preface ix


PART 1 BANK-CUSTOMER RELATIONSHIP AND ACCOUNT OPENING
1


1 Contractual Relationships in Law and Practice 3


Learning Objectives 3


Introduction 4


Definition of ?Customer? 4


Nature of the Banker-Customer Relationship 5


Laws and Practice 7


Mandates 9


Power of Attorney 11


Limitation of Actions 14


Appropriation of Payments 15


Set-off 17


Banker?s Lien 20


Banker?s Duty of Secrecy 21


Personal Data and Consumer Credit Data 28


Statement of Account or Passbook 33


Wrongful Dishonour of Cheques 34


Exemption Clauses 36


Summary 37


Key Terms 38


Study Guide 39


Further Reading 39


2 Opening and Conduct of Accounts 41


Learning Objectives 41


Introduction 42


Opening of an Account 42


Conduct of Account 44


Closing of Account 51


Opening and Conduct of Accounts for Various Customers 52


Defi nition of Different Types of Authorities 82


Anti-Money Laundering and Counter-Terrorist Financing 85


Summary 98


Key Terms 99


Study Guide 100


Further Reading 100


PART 2 BANKING OPERATIONS 101


3 Bills of Exchange and Promissory Notes 103


Learning Objectives 103


Introduction 104


Negotiable Instruments 104


Bills of Exchange 107


Promissory Notes 124


Summary 127


Key Terms 128


Study Guide 128


Further Reading 129


4 Other Banking Operations 131


Learning Objectives 131


Introduction 132


Credit Cards 132


Direct Debiting 138


Automated Teller Machines 141


Electronic Funds Transfer at the Point of Sale 143


Investment Advice 144


Safe Custody 146


Other Banking Services 150


Internet and Phone Banking 152


Summary 154


Key Terms 156


Study Guide 156


Further Reading 157


PART 3 LAW RELATING TO SECURITY 159


5 Guarantee 161


Learning Objectives 161


Introduction 162


What is a Guarantee? 162


Undue Infl uence 165


Guarantees by Minors 166


Guarantees by Partnerships 167


Corporate Guarantees 168


Joint and Several Guarantees 168


Liability of Guarantors 170


Guarantor?s Rights as Against the Creditor 172


Guarantor?s Rights as Against the Debtor 173


Rights of Co-Guarantors 174


Duties of the Creditor Bank 175


Discharge of the Guarantor 176


Summary 180


Key Terms 181


Study Guide 182


Further Reading 182


6 Mortgage of Land 183


Learning Objectives 183


Introduction 184


Land in Hong Kong 184


Mortgages 187


Priorities 192


Rights of Mortgagee/Chargee 195


Rights of Mortgagors/Chargors 201


Discharge 205


Summary 205


Key Terms 206


Study Guide 207


Further Reading 207


7 Other Security Interests 209


Learning Objectives 209


Introduction 210


Company Charge 210


Pledge 218


Hypothecation 222


Company Shares 224


Insurance Policies 229


Bankers? Lien 235


Summary 236


Key Terms 237


Study Guide 237


Further Reading 238


PART 4 INSOLVENCY 239


8 Bankruptcy 241


Learning Objectives 241


Introduction 242


Bankruptcy 242


Bankruptcy Order 244


Discharge From Bankruptcy 248


Voluntary Arrangements 248


Legal Issues for the Banker 250


Summary 254


Key Terms 256


Study Guide 256


Further Reading 256


9 Winding Up 257


Learning Objectives 257


Introduction 258


Winding Up 258


Compulsory Winding Up 259


Voluntary Winding Up 262


Petition for Winding Up 265


The Liquidator 265


Unregistered Companies 271


Assets Available for Distribution 271


Ranking of Claims 274


Antecedent Transactions 276


Legal Issues for the Banker 278


Summary 282


Key Terms 283


Study Guide 283


Further Reading 284


Index 285
show more

About Hong Kong Institute of Bankers (Hkib)

China Construction Bank (Asia) Corporation Limited ["CCB (Asia)"] is honored to sponsor the publishing of Banking Law and Practice by the HKIB. CCB (Asia) is a wholly owned subsidiary of China Construction Bank Corporation ["CCB"], the world's second largest listed bank by market capitalization as of December 31, 2011. CCB (Asia) offers consumer, retail, commercial, and private banking with an extensive range of professional services for customers.
show more