Banking regulation and the private law governing the bank-customer relationship came under the spotlight as a result of the global financial crisis of 2007–2009. More than a decade later UK, EU and international regulatory initiatives have transformed the structure, business practices, financing models and governance of the banking sector. This authoritative text offers an in-depth analysis of modern banking law and regulation, while providing an assessment of its effectiveness and normative underpinnings. Its main focus is on UK law and practice, but where necessary it delves into EU law and institutions, such as the European Banking Union and supervisory role of the European Central Bank. The book also covers the regulation of bank corporate governance and executive remuneration, the promises and perils of FinTech and RegTech, and the impact of Brexit on UK financial services.
Although detailed, the text remains easy to read and reasonably short; pedagogic features such as a glossary of terms and practice questions for each chapter are intended to facilitate learning. It is a useful resource for students and scholars of banking law and regulation, as well as for regulators and other professionals who are interested in reading a precise and evaluative account of this evolving area of law.
Part I: Banks and their regulators
1. The banking system
2. Systemic risk and systemic stability in the prudential banking framework
3. The regulatory architecture of the UK banking system.
Part II: The business of banks
4. EU harmonisation of the banking regulatory framework
5. The relationship between banks and customers
6. Business conduct regulation and financial consumer protection
7. Accounts and payment methods
8. Clearing and settlement process
9. Business and consumer lending
10. Money laundering and terrorist financing
Part III: Preventing banking crises
11. Regulation of bank capital and liquidity
12. The regulation of bank corporate governance, executive remuneration and senior managers accountability
13. FinTech and automation in banks
Part IV: Managing bank failures
14. UK banking resolution and the EU Single Resolution Mechanism
15. Deposit insurance and banking stability
16. The regulation of non-performing loans
17. The impact of Brexit on the banking sector
Post scriptum: temporary modifications to banking law and regulation in response to the Covid-19 public health emergency