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Distribution of Insurance-Based Inve...
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Marano, Pierpaolo.
Distribution of Insurance-Based Investment Products = The EU Regulation and the Liabilities /
Record Type:
Language materials, printed : Monograph/item
Title/Author:
Distribution of Insurance-Based Investment Products/ edited by Pierpaolo Marano, Ioannis Rokas.
Reminder of title:
The EU Regulation and the Liabilities /
other author:
Marano, Pierpaolo.
Description:
IX, 258 p.online resource. :
Contained By:
Springer Nature eBook
Subject:
Law—Europe. -
Online resource:
https://doi.org/10.1007/978-3-030-11668-2
ISBN:
9783030116682
Distribution of Insurance-Based Investment Products = The EU Regulation and the Liabilities /
Distribution of Insurance-Based Investment Products
The EU Regulation and the Liabilities /[electronic resource] :edited by Pierpaolo Marano, Ioannis Rokas. - 1st ed. 2019. - IX, 258 p.online resource.
Preface -- Part I. The EU Discipline -- Chapter 1 The Notion of Investment Products Based on Insurance. A Cross-sectoral Legal Approach in Europe -- Chapter 2 The Legal Regime and the Relevant Standards -- Chapter 3 The Product Oversight & Governance: Standards and Liabilities -- Chapter 4 ADR and Insurance-Based Investment Products -- Part II. Liability in the Context of Distribution -- Chapter 5 France -- Chapter 6 Germany -- Chapter 7 Italy -- Chapter 8 Poland -- Chapter 9 The UK.
The book addresses a topic at the intersection of two heavily regulated sectors: insurance and investment services. Until recently, scholars and professionals have approached insurance and investment services as two separate categories in the financial services sector, and as being governed by separate regulatory frameworks. In practice, however, the boundaries were and are blurred, a reality that regulators have begun to recognize and address in their more recent regulatory texts. The first part of the book approaches the new standards applicable to investment products based on insurance: insurance-based investment products (IBIPs). These rules are harmonized across the EU. The rationale behind this new definition is provided, together with a description of these products’ limitations. The analysis addresses the new rules and explores the legal regime and relevant standards applicable to IBIPs. The organizational rules concerning the design and distribution of IBIPs are also examined, and the book highlights e.g. how these rules are inspired by the principles of conduct. In closing, the ADR systems are analysed, in order to ascertain whether or not they can offer an effective tool for settling disputes over these products. In turn, the second part focuses on the liability for distribution of IBIPs, which ranks as one of the most conspicuous and relatively new legal phenomena, but at the same time, represents an exceptionally important field of civil liability in today’s world. Liability is still regulated at the national level. Thus, the four largest life insurance markets in the EU are considered, along with the largest emerging market for life insurance. The chapters on national laws also consider whether, and if so, how the new harmonized rules on IBIPs are being combined with those already in force in the jurisdictions considered. The goal is to determine whether the new rules are likely to change the doctrine and case law approach to these products, or whether the European legislators’ choices have no real impact on the protection of clients. .
ISBN: 9783030116682
Standard No.: 10.1007/978-3-030-11668-2doiSubjects--Topical Terms:
1254279
Law—Europe.
LC Class. No.: KJE901-9796
Dewey Class. No.: 341.2422
Distribution of Insurance-Based Investment Products = The EU Regulation and the Liabilities /
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Preface -- Part I. The EU Discipline -- Chapter 1 The Notion of Investment Products Based on Insurance. A Cross-sectoral Legal Approach in Europe -- Chapter 2 The Legal Regime and the Relevant Standards -- Chapter 3 The Product Oversight & Governance: Standards and Liabilities -- Chapter 4 ADR and Insurance-Based Investment Products -- Part II. Liability in the Context of Distribution -- Chapter 5 France -- Chapter 6 Germany -- Chapter 7 Italy -- Chapter 8 Poland -- Chapter 9 The UK.
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The book addresses a topic at the intersection of two heavily regulated sectors: insurance and investment services. Until recently, scholars and professionals have approached insurance and investment services as two separate categories in the financial services sector, and as being governed by separate regulatory frameworks. In practice, however, the boundaries were and are blurred, a reality that regulators have begun to recognize and address in their more recent regulatory texts. The first part of the book approaches the new standards applicable to investment products based on insurance: insurance-based investment products (IBIPs). These rules are harmonized across the EU. The rationale behind this new definition is provided, together with a description of these products’ limitations. The analysis addresses the new rules and explores the legal regime and relevant standards applicable to IBIPs. The organizational rules concerning the design and distribution of IBIPs are also examined, and the book highlights e.g. how these rules are inspired by the principles of conduct. In closing, the ADR systems are analysed, in order to ascertain whether or not they can offer an effective tool for settling disputes over these products. In turn, the second part focuses on the liability for distribution of IBIPs, which ranks as one of the most conspicuous and relatively new legal phenomena, but at the same time, represents an exceptionally important field of civil liability in today’s world. Liability is still regulated at the national level. Thus, the four largest life insurance markets in the EU are considered, along with the largest emerging market for life insurance. The chapters on national laws also consider whether, and if so, how the new harmonized rules on IBIPs are being combined with those already in force in the jurisdictions considered. The goal is to determine whether the new rules are likely to change the doctrine and case law approach to these products, or whether the European legislators’ choices have no real impact on the protection of clients. .
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