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Financial Advice and Investor Protection: Comparative Law and Practice

Financial Advice and Investor Protection: Comparative Law and Practice

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781800884618
  • 出版时间 December 2021
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,997.50
发货时间:大约 4-5 weeks
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Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    This comprehensive book offers a rigorous analysis of the legal debates, approaches and practice-related issues surrounding financial advice and investor protection. Despite widespread recognition of the importance of financial inclusion more broadly construed, recent financial crises have highlighted deficits in retail investor protection – this book informs the development of robust yet adaptable frameworks to protect investors, including effective enforcement and dispute resolution.

    Divided into three thematic parts, Financial Advice and Investor Protection begins with a holistic discussion of the subject, including an examination of the impact of relatively recent technical innovations such as robo-advice. The second part evaluates the role of private law in achieving investor protection, considering in particular how tort law, contract law and equity allocate risk and liability for investment advice. Finally, the book outlines the investor protection frameworks in the jurisdictions of six significant financial centres.

    This book will be a crucial read for various stakeholders in the investor protection debate including practitioners advising clients who work in this field, particularly across several of the jurisdictions covered, as well as policymakers interested in the development of law and regulation in this area. Scholars and students of financial law will also benefit from its comprehensive and critical treatment of the subject.

  • Foreword by Peter Ellinger
    Preface
    PART I. INTRODUCTION
    1. Financial advice and investor protection: a comparative overview
    Sandra Booysen
    2. Robo financial advice: the new frontier
    Yaru Chia
    PART II. THE PRIVATE LAW
    3. Tort law as regulation in the financial industry
    Christian Witting
    4. Financial advice and the duty to advise
    Sandra Booysen
    5. Non-reliance clauses, entire agreement clauses and contractual estoppel
    Hugh Beale QC FBA with Georgia Palmer
    6. Banks, financial intermediaries and fiduciary duties
    Gerard McMeel QC
    7. Causation, remoteness and calculation of damages for financial mis-selling
    Katy Barnett
    PART III. A JURISDICTIONAL PERSPECTIVE
    8. From disclosure to design: the Australian regulatory response to mis-selling to consumer investors by
    financial services providers
    Jeannie Marie Paterson
    9. China: confronting a growing wealth management sector
    Alex Zhou Qin
    10. Hong Kong: balancing laissez-faire and investor protection
    Carrie Ding Chunyan and John Ho
    11. Singapore: boosting regulation to protect vulnerable investors
    Dora Neo
    12. The United Kingdom: the primacy of regulation in protecting the retail investor
    Keith Stanton
    13. The United States of America: shifting conduct standards for retail investment advice
    Mercer Bullard
    Bibliography
    Index

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