Author: John Odgers QC
Published: August 2023
ISBN/ISSN: 9788119403622
Country: UK
Format: Indian Reprint

“This new edition provides a valuable and up-to-date resource for all those concerned with the law as it affects banks and their customers… By the time that Paget reached its eighth edition in 1973, Lord Chorley QC could say that it ‘is now generally accepted as the authoritative practitioner’s textbook on its subject’. This new edition well retains that pre-eminent status.”
Richard Salter KC, New Law Journal

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

This volume contains the principles and policies of financial regulation and a large number of snapshot country surveys, including EU directives. It reviews the regulation of banks, investment firms, broker-dealers, investment managers and advisers and covers the regulation of exchanges. It deals with the conduct of business by financial firms including conflicts of interest and client assets and looks at prospectuses, prospectus liability and prospectus due diligence and contents. The book also :

• Surveys collective investment schemes and hedge funds
• Deals with market manipulation, insider dealing and other market abuse
• Surveys financial supervision and capital adequacy
• Contains outlines and commentaries on documents