By Iain G. MacNeil
This ebook offers a wide-ranging assessment of the legislation and regulatory ideas acceptable to funding in monetary tools. half 1 introduces the elemental ideas and constitution of the legislation with regards to monetary funding. It explains the felony nature of economic tools, the explanation for rules and the heritage and improvement of the method of legislation within the uk. It contains an research of the most ideas and regulatory options brought by means of the monetary companies and Markets Act 2000. half 2 examines investments and traders, explaining the criminal nature and constitution of the most different types of monetary funding and reading the felony rules and regulatory principles which are proper to institutional funding and personal traders. half three bargains with finance and governance. In essence it explains the felony mechanisms wherein traders provide funds to businesses looking funding and the governance thoughts which have been built to permit traders to observe investments and carry corporation administrators answerable for their activities. half four discusses how markets and industry individuals function and are regulated, reading the character of monetary markets, their law and the criminal ideas that advertise "clean" markets.
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Extra info for An Introduction to the Law on Financial Investment
In Scotland, the respective terms are ‘corporeal moveables’ and ‘incorporeal moveables’. 20 Ownership of a thing can take different forms. Divided ownership occurs when each person owns a thing that is legally distinct from other similar things. An example is a bearer security that promises to pay the bearer on demand. Each security is a thing in its own right, with rights and obligations that can be determined without reference to any other similar security. Undivided (or pro indiviso) ownership occurs when two or more people hold 19 The meaning of a ‘thing’ in this context is defined by DN MacCormick at para 1097 of the entry ‘General Legal Concepts’ in T Smith and R Black (eds) The Laws of Scotland, Stair Memorial Encyclopedia (Edinburgh, Butterworths, 1990) vol 11: Things are conceived as durable objects existing separately from and independently of persons, subject to being used, possessed, and enjoyed by persons, and thus capable of being transferred from one person to another without loss of identity.
14. 62. K Reid ‘Co-ownership’ in Smith and Black (eds) (above n 19) vol 18 (Property) para 35. The detail of these contractual rights is discussed in Ch 4. See above n 17. The Legal Nature of Investment 11 the rights of the holder are determined by a loan agreement (often supplemented by the taking of a security interest to guard against the possibility of default by the borrower). In both instances, the financial and control rights (in the form of voting) associated with the investment are determined contractually.
Real rights can be exercised against the whole world, whereas personal rights can be exercised only against specific persons. The classic example of a real right is that of an owner of property against a thief. The true owner is able to vindicate his right by reclaiming stolen property because he has a real right in the property that can be exercised against everybody. The classic example of a personal right is a contractual obligation owed by a debtor to a creditor. The right is personal because it can only be exercised against the debtor.
An Introduction to the Law on Financial Investment by Iain G. MacNeil