Given the international nature of the asset management industry, lawyers representing investors, asset managers, and regulators are often confronted with asset management agreements governed by foreign law. This book provides the necessary points of law and practice in the leading jurisdictions allowing lawyers to identify the main pitfalls concerning the foreign law in question. This book is the only comparative analysis of the law of asset manager liability in the major European jurisdictions, the United States, and Canada, each written by specialists from the relevant jurisdiction. This is a much-needed guide on the disparate regulation of asset manager liability in these countries highlighting the absence of uniformity in this area of law despite the implementation of MiFID in Europe. The section on European law provides an overview of the regulation in this field regionally and provides the context in which the national chapters explore the regulation at country level. The comparative evaluation at the end of the book provides a thoughtful assessment of the impact of regulatory frameworks on asset managers private law duties and liabilities.
The Introduction situates the country-by-country material within the broader context of questions about regulatory design and effectiveness.
Danny Busch is Professor of Financial Law at Radboud University Nijmegen. His research interests include banking and securities law, tort law, contract law, agency law and comparative law. Deborah DeMott is Professor of Law at Duke University School of Law. She has written on corporate law, takeovers and acquisitions, and fiduciary obligations.
I: INTRODUCTION; II: EU LAW; III: CIVIL LAW LEGAL SYSTEMS; IV: COMMON LAW LEGAL SYSTEMS; V: MIXED LEGAL SYSTEMS; VI: CONCLUSIONS