Blue stripe pattern on white cover with a photo image of building

Title

Kin’yuho Kogi (Lectures in financial law)

Author

KANDA Hideki (ed.), KANSAKU Hiroyuki (ed.), Mizuho Financial Group (ed.)

Size

542 pages, A5 format, softcover

Language

Japanese

Released

December 13, 2013

ISBN

978-4-00-022600-4

Published by

Iwanami Shoten, Publishers

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Kin’yuho Kogi

Japanese Page

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Finance can be defined as cash flow exchange occurring at different points in time. A common image of a traditional financial transaction might be the depositing or borrowing of funds taking place between a bank and an individual or a company. This book offers an account of this kind of traditional financial transaction through examination of the relevant provisions of the Civil Code, followed by commentaries on six types of contemporary financial transactions: syndicated loans, derivatives, asset management, corporate bonds, LBO/MBO, and securitization.

The book is based on the special lecture course in Financial Law offered since 2007 at the University of Tokyo’s Faculty of Law (combined with the Graduate Schools for Law and Politics and the Graduate School of Public Policy). The course has been reconstructed for the book from stenographic records, with the addition of recent statutory amendments and judicial decisions.

The Financial Law course is offered as part of the endowed lecture program in Financial Law, established in 2007 at the University of Tokyo Graduate Schools for Law and Politics and funded by the Mizuho Financial Group, Inc. Front-line practitioners with expertise from the Mizuho Financial Group are invited to give lectures on regulations under the Civil Code and financial supervision in relation to derivatives trading, securitization, and other contemporary financial transactions. The lectures incorporate leading-edge content based on extensive data and experience with the law in practice. Following several of these guest lectures by practitioners, academic researchers provide a recapture in order to consolidate what was covered in the lectures and identify problems. This book is a re-creation of the guest lectures, but also includes some content from the recapture section of the course, mostly in column format.

There used to be a number of standard systematic texts in the field of financial law, but such texts are almost non-existent today. A number of reasons can be posited for this decline, including the frequency of statutory amendments and the speed at which financial law practice is evolving. One of the major reasons, however, is that in the absence of cooperation between practitioners and academic researchers, it has become difficult to produce a text that is truly useful in both theoretical and practical terms. This book represents the outcome of collaboration between practitioners and researchers in the form of a systematic text on financial law produced through educational practice in the Financial Law course.

Since the book’s publication, students in the Financial Law course have been required to read Chapters 2 to 4, which deal with traditional banking transactions, prior to class, while Chapter 1 and Chapters 5 and onward are dealt with within class. The course also addresses financial regulations, banking law and other supervisory laws—topics that are not covered in detail in the book. Specifically, there are lectures dealing with such topics as overview of prudential regulations and banking law, historical and contemporary regulations concerning the separation of banks and securities companies, and individual risk management and integrated risk management, all taking into account trends in financial regulations internationally. Work is currently in progress on revising the book with a view to publication of a new edition that incorporates the above themes. The new edition will thus feature both updated versions of existing content and newly-added material on financial supervision law.

(Written by KANSAKU Hiroyuki, Professor, Graduate Schools for Law and Politics / 2017)

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