The effect of the significant changes in tax law at domestic, European, and international levels on investment funds, an important part of global financial services, creates a complex environment for practitioners and a source of debate for academics and policymakers. This is the first book to provide a comprehensive legal and practical analysis of the changes to the complex multilevel tax and regulatory framework concerning different types of investment funds. The contributions, updated as of late 2017, were originally presented at a conference held at the University of Luxembourg in November 2016 under the auspices of the ATOZ Chair for European and International Taxation.
The book covers the central questions arising in national law and tax policy, explores the regulatory and tax framework of the European Union (EU), and discusses the multifaceted interactions of both national and EU law with bilateral tax treaties. Through fourteen chapters following a brief introduction, leading academic experts and practising specialists provide decisive insight into:
– the regulatory regime for European investment funds;
– the tax law and reforms in both Luxembourg and Germany;
– the role of the European Commission's State-aid practices;
– examples of case law concerning the application of non-discrimination rules to various investment vehicles;
– the impact of tax-specific EU legislation, such as the Parent-Subsidiary Directive, the Tax Merger Directive, and the Anti-Tax Avoidance Directive;
– the availability of tax treaty protection for different collective and non-collective investment funds;
– the impact of base erosion and profit shifting (BEPS) developments on the taxation of cross-border investments;
– the value-added tax (VAT) treatment of investment funds and their managers; and
– the consequences of the global drive towards automatic exchange of information relating to existing cross-border investment structures. With its particular focus on Luxembourg – the leading centre for investment funds in Europe (and second only to the United States globally) and, thus, an instructive model for domestic-level investment fund regulation and taxation – this volume reveals the common issues that arise in virtually every other jurisdiction with a sizeable fund industry.
As the first in-depth treatment of the globally significant nexus between investment funds and taxation, the book will prove valuable to policymakers, practitioners, and academics in both financial services and tax law.

Resolution of Disputes Between Foreign Banks and Chinese Sovereign Borrowers:Public and Private International Law Aspects (Studies in Comparative Corporate and Financial Law, V. 9)

Contemporary Developments in Nuclear Energy Law:Harmonising Legislation in CEEC/NIS (International Energy and Resources Law and Policy Series.)

Resolution of disputes between foreign banks and Chinese sovereign borrowers : public and private international law aspects

Contemporary developments in nuclear energy law: harmonising legislation in CEEC/NIS

Conflicting legal cultures in commercial arbitration : old issues and new trends

The Legal Basis of Corporate Governance in Publicly Held Corporations

Regulating the financial services sector

A Comparative Approach

George P. Gilligan; Stefan N. Frommel; Barry Alexander K. Rider

edited by Nathalie L.J.T. Horbach; sponsored by Urenco

Nathalie Louisa Johanna Theodora Horbach

Arthur R. Pinto; Gustavo Visentini

Shen, Yiming, 1971-

Haslehner, Werner

Yiming Shen

Aspen Publishers, Inc.

Springer Netherland

Wolters Kluwer

International energy and resources law and policy ;, 14, International energy and resources law and policy series ;, 14., The Hague, Boston, Netherlands, 1999

Studies in comparative corporate and financial law ;, v. 9, The Hague, Boston, Netherlands, 2000

Studies in comparative corporate and financial law ;, v. 6, The Hague, Boston, Netherlands, 1999

Studies in comparative corporate and financial law, v. 4, The Hague, ©1999

Netherlands, Netherlands

1, US, 2000

[curator]aababon@innodata.com[/curator][date]20220718114435[/date][state]freeze[/state][comment]Recrop or move crop box page 40[/comment]

Includes bibliographical references (p. 181-186) and index.
Originally presented as the author's thesis (doctoral)--York University, 1998.

Includes bibliographical references (p. 635-681) and index.

Includes bibliographical references (p. 217-220) and index.
"Institute of Advanced Legal Studies."

<p>In recent years the People's Republic of China has experienced rapid economic growth, brought about in large measure by dramatic increases in foreign trade and investment. China's adoption of an 'open door' policy in the late 1970s also opened up its banking market to foreigners. As a result, there has been a sharp rise in the number of disputes between Chinese sovereign borrowers and foreign banks, making the availability of appropriate dispute resolution mechanisms for foreign banks a critical factor in the expansion of international finance in China.</p><p>This book recognizes the need for a unique international dispute forum that addresses intricate political and diplomatic considerations and issues of state sovereignty, issues that typically arise from disputes regarding state contracts between national governments and private foreign parties.</p><p>The work addresses several problematic private and public international law issues in sovereign debt litigation, including:</p><ul class=noindent><li>the state immunity theory</li><li>the act of state doctrine</li><li>forum non conveniens</li><li>the difficulty in enforcing foreign judgments</li></ul><p>It offers a comprehensive survey of the many choices open to a foreign bank operator in planning a dispute resolution strategy in China, analyzing the strengths and weaknesses of each process, and examining a series of case studies by way of illustration.</p><p>The author argues that the autonomy of each party in international arbitration circumvents potential cultural and conceptual difficulties and offers a flexible, mutually acceptable means of conflict resolution which in some circumstances can prove more effective than litigation. Arbitration and the recognition and enforcement of an arbitral award may be recognized as providing a level playing field for international financial transactions between states and foreign private parties, and the non-adversarial nature of the arbitration process makes it particularly appropriate in the Chinese context.</p>

In recent years the People's Republic of China has experienced rapid economic growth, brought about in large measure by dramatic increases in foreign trade and investment. China's adoption of an `open door' policy in the late 1970s also opened up its banking market to foreigners. As a result, there has been a sharp rise in the number of disputes between Chinese sovereign borrowers and foreign banks, making the availability of appropriate dispute resolution mechanisms for foreign banks a critical factor in the expansion of international finance in China. This book recognizes the need for a unique international dispute forum that addresses intricate political and diplomatic considerations and issues of state sovereignty, issues that typically arise from disputes regarding state contracts between national governments and private foreign parties. The work addresses several problematic private and public international law issues in sovereign debt litigation, including: the state immunity theory the act of state doctrine forum non conveniens the difficulty in enforcing foreign judgments It offers a comprehensive survey of the many choices open to a foreign bank operator in planning a dispute resolution strategy in China, analyzing the strengths and weaknesses of each process, and examining a series of case studies by way of illustration. The author argues that the autonomy of each party in international arbitration circumvents potential cultural and conceptual difficulties and offers a flexible, mutually acceptable means of conflict resolution which in some circumstances can prove more effective than litigation. Arbitration and the recognition and enforcement of an arbitral award may be recognized as providing a level playing field for international financial transactions between states and foreign private parties, and the non-adversarial nature of the arbitration process makes it particularly appropriate in the Chinese context

"Regulating the Financial Services Sector addresses historical and sociological approaches in its critique of financial services regulation. This strategy integrates perspectives based in structuration theory, censure theory, modernity theory and the literature on legitimacy in its analysis of the actors, structures and processes that construct regulation and deviancy in the financial services sector. Based on a detailed analysis of regulation in the UK, the book examines the global and national forces and processes which interact to produce systems of financial services regulation. The UK regulatory system is contrasted with those of other jurisdictions, in particular the US, demonstrating the role of national and cultural factors in shaping such systems. This work will be of specific interest to financial services professionals, corporate lawyers, regulators and academics."--BOOK JACKET

"This book recognizes the need for a unique international dispute resolution forum that addresses intricate political and diplomatic considerations and issues of state sovereignty, issues that typically arise from disputes regarding state contracts between national governments and private foreign parties. The work addresses several problematic private and public international law issues in sovereign debt litigation, including the state immunity theory, the act of state doctrine, forum non conveniences, and the difficulty in enforcing foreign judgements. It offers a comprehensive survey of the many choices open to a foreign bank operator in planning a dispute resolution strategy in China, analyzing the strengths and weaknesses of each process, and examining a series of case studies by way of illustration." -- BACK COVER

xiv, 240 p. ; 25 cm
Originally presented as the author's thesis (doctoral)--York University, 1998
Includes bibliographical references (p. 181-186) and index

2023-06-28