City University · LLB Law · Banking law

Here are the best resources to pass Banking law at City University. Find Banking law study guides, notes, assignments, and much more. We also have lots of notes, study guides, and study notes available for LLB Law at City University.

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PERFORMANCE BONDS
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used in international trading in particular. If you're a seller from one country, and selling to an overseas. If the buyer in that overseas jurisdiction wants to know that what you are supplying conforms with what you're saying (e.g quality etc). Buyer hasn't dealt with you before and money needs to pay in advance. Buyer isn't certain that the goods will be as expected, so you can enter into a performance bond whereby it gives an automatic right the if the buyer is not happy, the buyer (bene...

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Loans
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• Loan agreements are in place in order to protect the bank – modify contracts etc. • You are prescribing the default and the remedies – agreement will leave the general solutions but parties are allowed to state what can be constituted as a breach and how to compensate / what the consequences are – repayment in demand is very common Failure to Pay B:Breach of Representation C:Breach of Covenant (Covenant Lite Loans:Through a glass darkly June 2007 IFLR 18.) D:Cross Default E:Ins...

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misrepresentation
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- Fraudulent - negligent- if you don’t show reasonable grounds it is not innocent. - innocent- if you show reasonable grounds it is innocent - rescission of the contract can be done as a remedy.

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Material Adverse Clause
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event of default clause “represents an attempt to identify in advance those circumstances which, in the case of the borrower would put the loan In jeopardy- the drafting the negotiation of such can only be properly carried out if careful consideration Is given to the particular circumstances of the borrower present and future”.

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EUROBANDS
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Main aim is the changing role of the trustee in the international bond issues. Note: problem with bond issues/due diligence/bonds in sub-prime mortgage market.

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Section 19(1) F.S.M.A.2000
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Previous legislation before the FSA- FSA 2000 still the basis for the regulation of authorisation in relation to legislation. FSA transferred to the bank of England. Actual services authority was abolished. Regulator is no longer the FSA it is either the PRA or FCA or both.

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Failures in Prudential Regulation regarding directors
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- FSAPRA- conduct and day to day regulation- argument still is, that they still favour a like touch self-regulatory approach and therefore, the same problems will emerge again. Nothing to suggest that It has been solved. May be problems in future if banks over lend. No doubt that the vicious rule to put all the assets on the inside and the ability to find other banks it’ll be more difficult for banks to fail. - Still possible because the regulator may be charging things specifically. = could b...

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Consumer credit act 1974 and 2006
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The CCA 1974 as amended by the CCA 2006 The Consumer Credit Act 2006 Julie Patient: Volume 21 (2006) 6 J.I.B.L.309. 1974 was old fashioned and its approach was to require information to be given to consumers so that they could make the right choice. If you didn’t then there would be certain consequences for that. The consumer credit 2006 is a slightly more modern piece which wasn’t completely a new piece of legislation. In particular, it introduced unfair relationships.

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