Governance of Financial Institutions

Edited by Danny Busch, Guido Ferrarini, and Gerard van Solinge

Oxford EU Financial Regulation

Comprehensive legal and multidisciplinary analysis of the important topic of governance of financial institutions
Includes coverage of new requirements for management functions under MiFID II
Considers the position of banks, investment firms, asset managers, insurance firms and pension funds in the context of governance
Covers key issues of systemic risk from the perspective of board models, shareholders, and directors

Governance of Financial Institutions

Edited by Danny Busch, Guido Ferrarini, and Gerard van Solinge

Oxford EU Financial Regulation

Description

This book examines the topical issue of governance of financial institutions, covering banks, investment firms, asset management, pension funds and insurance firms. It comprehensively analyses the impact and practice of the new and more robust requirements for management functions under MiFID II (Markets in Financial Instruments Directive) and other regulation such as MAR (Market Abuse Regulation).

Thematically grouped chapters provide extensive coverage of the main areas of change and interest in this field: financial regulation, models, systemic risk, culture and ethics, and conduct and culture. Each chapter employs an interdisciplinary approach, providing high-quality analysis and discussion of the governance of financial institutions of a practical, as well as theoretical, nature.

Written by a team of expert contributors, comprised of leading scholars with broad practical experience, and leading practitioners in the field of corporate governance, this book provides much needed analysis of this important topic and the new rules for those advising financial institutions.

Governance of Financial Institutions

Edited by Danny Busch, Guido Ferrarini, and Gerard van Solinge

Oxford EU Financial Regulation

I. General
1. Governing Financial Institutions: Law and Regulation, Conduct and Culture, Danny Busch, Guido Ferrarini, Gerard Van Solinge
2. Corporate Governance of Financial Institutions: In Need of Cross-Sectoral Regulation? A comparative analysis of banks, investment firms, asset managers, and pension funds, Jens-Hinrich Binder
3. Comparative Regulation of Corporate Governance in the Insurance Sector, Arthur van den Hurk and Michele Siri
4. The Governance of Banks and the Requirements of Resolvability: A Fundamental Change in Perspective?, Bart Bierens
5. Corporate Law Versus Financial Regulatory Rules: the Impact on Managing Directors and Shareholders of Banks, Kitty Lieverse and Claartje Bulten
II. Governance Structures and Regulations
6. Non-Shareholder Voice in Bank Governance: Board Composition, Performance and Liability, Paul Davies and Klaus Hopt
7. Responsibility of Directors of Financial Institutions, Steven Schwarz (Aleaha Jones and Jiazhen Yan)
8. Fit and Proper Requirments in EU Financial Regulation: Towards More Cross-Sectoral Harmonisation?, Iris Palm-Steyerberg and Danny Busch
9. Risk, Risk Management, and Internal Controls, Lodewijk van Setten
10. Financial Market Infrastructures: The Essential Role of Risk Management, Paolo Saguato
11. Compensation in Financial Institutions: Systemic Risk, Regulation and Proportionality, Guido Ferrarini
12. Corporate Governance, Financial Information and MAR, Carmine di Noia and Matteo Gargantini
III. Ownership Structures
13. Engagement of Institutional Investors, Cristina Ungureanu
14. State-owned Financial Institutions, Katja Langenbucher, Johannes Adolff and Christina Parajon Skinner
15. Co-operative Banking: A Dutch Experience, Gerard van Solinge and Martin van Olffen
IV. Conduct and Culture
16. Corporate Culture in the Governance of Financial Institutions: An Interdisciplinary Approach, Guido Ferrarini and Shanshan Zhu
17. Public Supervision of Behaviour and Culture in Financial Institutions, Wijnand Nuijts
18. Conduct and Culture in the Netherlands: The Dutch Banker's Oath and the Dutch Banking Disciplinary Committee, Danny Busch and Peter Laaper
19. Managing Conduct Risk: From Rules to Conduct, Antonella Sciarrone Alibrandi and Claudi Frigeni
20. Conflicts of Interest: Comparing Compliance and Culture in the US and UK, Geneviève Helleringer and Christina Skinner
21. The Venetian Banks' Collapse, Paulo Giudici
22. The Spanish Banking Crisis as a Corporate Governance Problem, Maribel Sáez and Maria Gutiérrez
23. Banco Espírito Santo: Anatomy of a Banking Scandal in Portugal, José Engrácia Antunes
24. Governance problems in Dutch financial institutions from 2007 to-2017, Bas de Jong

Governance of Financial Institutions

Edited by Danny Busch, Guido Ferrarini, and Gerard van Solinge

Oxford EU Financial Regulation

Author Information

Danny Busch, Professor of Financial Law, Radboud University, Nijmegen
Guido Ferrarini, Professor of Business Law, University of Genoa
Gerard van Solinge, Professor of Section of Corporate Law, Radboud University

Professor Danny Busch holds the Chair for Financial Law at Radboud University, Nijmegen, where he is also the Director of the Institute for Financial Law. He has published extensively, many of those publications written in English, including with OUP. He is a Research Fellow of Harris Manchester College and a Fellow of the Commercial Law Centre, University of Oxford.

Guido Ferrarini is Emeritus Professor of Business Law and Capital Markets Law at the University of Genoa, Department of Law, and Director of the Centre for Law and Finance. He holds a J. D. (University of Genoa, 1972), an LL.M. (Yale Law School, 1978) and a Dr. jur. (h.c., Ghent University, 2009). He is founder and fellow of the European Corporate Governance Institute (ECGI), Brussels.

Gerard van Solinge is Professor of Corporate Law at Radboud University Nijmegen where he is a member of the scientific board of the research programme Company Law of the Business and Law Research Centre. He also practises as an attorney at Allen & Overy LLP and has written a number of books and articles.

Contributors:

Danny Busch
Guido Ferrarini
Gerard Van Solinge
Jens-Hinrich Binder
Arthur van den Hurk
Michele Siri
Bart Bierens
Kitty Lieverse
Claartje Bulten
Paul Davies
Klaus Hopt
Steven Schwarz
Iris Palm-Steyerberg
Lodewijk van Setten
Paolo Saguato
Carmine di Noia
Matteo Gargantini
Maria Cristina Ungureanu
Katja Langenbucher
Johannes Adolff
Christina Skinner
Martin van Olffen
Shanshan Zhu
Wijnand Nuijts
Peter Laaper
Antonella Sciarrone Alibrandi
Claudi Frigeni
Genevieve Helleringer
Paulo Giudici
Maribel Saez
Maria Gutierrez
Jose Engracia Antunes
Bas de Jong