The rule in selecting a legal entity is, “Form follows function” I should not choose a particular legal model or management structure and then try to shoehorn my members into a model that does not fit their interests or investment... more
The rule in selecting a legal entity is, “Form follows function” I should not choose a particular legal model or management structure and then try to shoehorn my members into a model that does not fit their interests or investment orientation. I will let my members’ interests and comfort levels guide my ultimate decisions. Four (4) Factors to Consider When Choosing a Legal Entity The four issues to consider when choosing a legal entity are liability, governance, taxation, and membership.
This paper explores the global overhaul in financial regulation post the financial crisis, providing an analysis of the current micro and macro prudential reforms with a view to exploring whether the shortfalls have indeed been addressed... more
This paper explores the global overhaul in financial regulation post the financial crisis, providing an analysis of the current micro and macro prudential reforms with a view to exploring whether the shortfalls have indeed been addressed or whether further areas require further attention. With a focus on both international regulator agencies and domestic national reconstructions, the document keenly argues that the enforcement of accountability remains an issue still with capitalism still governing above ethics, admist a plethora of new legislation and regulation there is no one clear international regulator facilitating harmonious impartial regulation and supervision of all global stakeholders. With the financial crisis of 2007 having far reaching effects such as financial hardship hitting a significant amount of nations, both developed and developing world, it is vital to ensure that the financial system is protected more efficiently in line with the fundamentally interconnected and fast developing species it is today in the modern world. Despite some of the legislation and reform appearing to be a step in the right direction, there is merit in the argument that an overseeing regulator is required and that current governance standards in place are in danger of taking an approach that is akin to “box ticking” rather than embedding values of corporate social responsibility, socially responsible investments and above all, ethical banking.
Business law is also regulated by contract law where two parties are given and taken discount, offer, and acceptance. Anybody as organisation can take contract law regulation before buying or selling any goods and services. Business law... more
Business law is also regulated by contract law where two parties are given and taken discount, offer, and acceptance. Anybody as organisation can take contract law regulation before buying or selling any goods and services. Business law applies some consideration in sale of goods acts 1979. Contract law of sale of goods is assisted by some provisions and statues. Slorach and Ellis (2007) mentioned goods also are sold by legal descriptions and legal sample qualifications. If there have any defects in goods before selling or beyond consideration, is kept is court or sued at court as legal liability
Forthcoming in Lehmann/Kumpan (eds.), Financial services law: a commentary, Beck/Hart/Nomos 2018 This paper provides a detailed commentary of arts. 21 through 30 of the new Markets in Financial Instruments Directive (Directive... more
Forthcoming in Lehmann/Kumpan (eds.), Financial services law: a commentary, Beck/Hart/Nomos 2018
This paper provides a detailed commentary of arts. 21 through 30 of the new Markets in Financial Instruments Directive (Directive 2014/65/EU, MiFID II). Its primary target audience is legal practitioners who want to inform themselves about the operating conditions for investment firms in Europe, particularly the conduct of business rules. MiFID II will come into force on 3rd January 2018.
The aim of the commentary is to provide an understandable and at the same time thorough account of MiFID II’s requirements, the corresponding provisions in the MiFID II Delegated Directive (Directive (EU) 2017/593) and MiFID II Delegated Regulation (Regulation (EU) 2017/565) as well as ESMA’s guidance. The commentary also directs readers to issues that are in doubt or completely uncertain in the new regime, and it adopts a clear stance on these issues.
