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Everett and McCracken's Banking and Financial Institutions Law : 8th Edition - Sheelagh McCracken

Everett and McCracken's Banking and Financial Institutions Law

8th Edition

Paperback Published: 25th February 2013
ISBN: 9780455230535

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Everett & McCracken’s Banking and Financial Institutions Law 8th Edition follows the earlier editions in providing a comprehensive legal analysis of the Australian financial sector. Over the past twenty-five years this work has chronicled the legal development of the sector, offering broad coverage of the legal concepts and principles which typically arise in banking and financing transactions.

This edition opens with a detailed examination of the regulatory framework, which is marked by a diversity of regulators and a multiplicity of regulatory regimes. It then advances a general framework for analysing financing transactions, building on contractual and property law concepts and focusing on complexities arising from the role of financial institutions and the intricate and specialised nature of their business and the financial assets with which they deal. This discussion is followed by a close analysis of the operation of payment instruments as well as modes of taking security. It concludes by considering common financing structures such as syndication, securitisation and subordination.

This edition introduces new chapters devoted to the recently implemented federal personal property securities regime and to the allocation of risk between financial institutions and their clients. It also reworks and significantly extends chapters on regulators and regulation. All other chapters have been reviewed and updated. Part Overviews, which seek to place the legal analysis in context and to enable the principal legal issues to be readily grasped, have also been updated throughout.

Part 1 – The Regulatory Framework
Ch 1 – Regulators
Ch 2 – Regulation
Ch 3 – Clearing and Settlement
 Part 2 – A Transactional Framework
Ch 4 – Dealings Between Financial Institutions and their Clients
Ch 5 – Dealings with Financial Loss
Ch 6 – Allocation of Risk
Ch 7 – Some Tax and Revenue Issues from a Financier’s Perspective
 Part 3 – Payment Instruments
Ch 8 – Bills of Exchange
Ch 9 – Promissory Notes
Ch 10 – Cheques
Ch 11 – Letters of Credit and Performance Guarantees
 Part 4 – Taking Security
Ch 12 – Capacity and Authority to Borrow and to Grant Security
Ch 13 – Security Within the Scope of the Personal Property Securities Act 2009
Ch 14 – Security Outside the Scope of the Personal Property Securities Act 2009
Ch 15 – Financial Distress of Borrowers
Appendix to Part 4 – PPSA Transitional Issues
 Part 5 – Structuring Financing Transactions
Ch 16 – Structuring Loan Syndications and Participations
Ch 17 – Structuring Securitisations
Ch 18 – Structuring Subordinations

ISBN: 9780455230535
ISBN-10: 0455230536
Audience: Tertiary; University or College
Format: Paperback
Language: English
Published: 25th February 2013
Publisher: Thomson Reuters Australia, Limited
Country of Publication: AU
Edition Number: 8

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