This volume examines set-off and netting, derivatives and clearing systems, providing a comparative overview of the law and practice in the key jurisdictions of the world.

• Contains a worldwide comparative study of set-off and netting including a survey of special netting statutes globally
• Provides outlines of set-off and netting agreements together with commentary, including group account netting
• Surveys the types of derivatives and derivatives markets
• Examines derivatives documentation
• Provides clear outlines for swaps and derivatives transactions often muddled by imprecise jargon
• Discusses the legal risks arising from derivatives
• Analyses the ISDA master agreement
• Deals with the law of securities settlement systems

The banking industry and its legal environment have seen significant changes since the First Edition of this book. This has brought in many challenges not only for bankers but also for lawyers whose job it is to advise, deal with and represent bankers. The Fourth Edition, like its predecessor editions, is ideal in meeting these challenges and current demands within the banking industry.

In this Edition, the authors have created a comprehensive and convenient study and reference companion for all those who are familiar with the dynamics of day-to-day banking operations and business by blending in the law, the latest developments and current practices especially in the areas of electronic banking and data transfer. It also illustrates and examines the importance of the legal and regulatory framework within the Malaysian financial system which bankers have to operate, covering the provisions of the relevant legislation, guidelines and international standards affecting bankers; the exchange control in banking and financial transactions as well as the risks that bankers, financiers, creditors and lenders should be aware of relating to lending and securities, guarantees, loan recovery and secured debts.

Key Features
Includes reference to cases and research materials of up to 2011

– Relevant key case reports and summaries included for readers’ convenience:

• Appendix 1 : Digital Signature Act 1997
• Appendix 2 : Computer Crimes Act 1997
• Appendix 3 : Payment Systems Act 2003

– Reference to key legislation included, namely:

• Anti-Money Laundering and Anti-Terrorism Financing Act 2001;
• Banking and Financial Institutions Act 1989;
• Bills of Exchange Act 1949;
• Central Bank of Malaysia Act 2009;
• Companies Act 1965;
• Computer Crimes Act 1997;
• Contracts Act 1950;
• Development Financial Institutions Act 2002;
• Digital Signature Act 1997;
• National Land Code 1965;
• Payment Systems Act 2003