ISBN : 9780199582501
Edited by Timothy Spangler, a New York qualified lawyer and English solicitor experienced in both jurisdictions, this book gives an invaluable overview of the processes and legal and regulatory issues relating to investment management in the UK and US. This approach gives useful guidance for individuals choosing between having a fund manager in the US or the UK and also provides a helpful outline for lawyers unfamiliar with one or both of the jurisdictions. The book adopts a three part structure. The first part examines the legal principles underlying investment management and the regulatory position in both the UK and the US giving a useful overview of these jurisdictions. It provides practical guidance on the tort aspects of practice in this area, looking at the common law relating to standard of care, contractual duty and fiduciary duty. The second part addresses topics of particular relevance to investment management law, such as derivatives, soft commission and market abuse giving guidance on these specialist areas. The third part focuses on pertinent issues relevant to each client sector to provide a practical research tool for advising different categories of client. This work gives valuable information on the regulatory changes and market activity in this increasingly complex practice area providing useful guidance on market developments.
I: LEGAL AND REGULATORY FRAMEWORK
1. Introduction
2. The Legal Basis of Investment Management
3. Regulation of Investment Managers - United Kingdom
4. Regulation of Investment Managers - United States
5. Standard of Care
6. Contractual Duties
7. Fiduciary Duties
II: KEY TOPICS
8. Advertising and Marketing
9. Proxy Voting
10. Best Execution
11. Soft Commission
12. Data Protection and Privacy
13. Market Abuse and Insider Dealing
14. Derivatives
15. Stakebuilding and Ownership Disclosure
16. Taxation
17. Outsourcing
18. Industry Best Practice and Guidelines
III: CLIENTS
19. US Mutual Funds
20. UK and European Closed-Ended Listed Funds
21. UK Authorised Funds
22. Erisa Plans
23. Occupational Pension Schemes
24. Local Government Pension Schemes
25. UK Charities
26. High Net Worth Individuals
27. Sovereign Wealth Funds
28. Hedge Funds
29. US Charities and Endowments
30. With Profit-Funds