Financial Markets Conduct Regulation
Author | : Victoria Stace |
Publisher | : |
Total Pages | : |
Release | : 2014 |
Genre | : Securities |
ISBN | : 9781927248515 |
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Author | : Victoria Stace |
Publisher | : |
Total Pages | : |
Release | : 2014 |
Genre | : Securities |
ISBN | : 9781927248515 |
Author | : Paul Latimer |
Publisher | : Springer |
Total Pages | : 251 |
Release | : 2014-11-14 |
Genre | : Law |
ISBN | : 3319094599 |
This book provides a unique comparative and global analysis of the regulation of disclosure in financial (securities) markets. It is written by two authors who represent both the new world (Australia) and the old world (Germany). The authors present their research in the global business context, with legal and regulatory perspectives including some references from Africa, Asia, the Middle East and South America. After every “boom” and “bust”, legislators pass new disclosure legislation, often in a heated environment fuelled by politics and the media. Little regard is paid to existing regulation or the lessons learned from earlier regulation. The result is the continuing enactment of redundant and overlapping disclosure laws. Since financial markets are often described as markets for information, the failure to ensure disclosure is at the heart of financial services regulation. This book argues that the solution to the failure of disclosure is a brief, easily understood, principles-based, plain English safety-net amendment to statute law such as “you must keep the financial market fully informed”, a measure that would support effective mandatory continuous disclosure of information to financial markets. This book examines the reasons for disclosure regulation, and how the efficient operation of financial markets is dependent on disclosure. It examines the adequacy of common law and civil law concerning broker/client disclosure, and concludes that industry licensing in itself fails to keep the market informed. While recognizing the failures of securities commissions to achieve good disclosure in financial markets, it confirms the effectiveness of coregulation of disclosure by a commission with the support of the financial markets (such as the stock exchange). Coregulation builds on financial market self-regulation, and is best described in the words of one-time SEC Chairman William O. Douglas, who, in the 1930s, described it as a shotgun behind the door.
Author | : George J. Benston |
Publisher | : American Enterprise Institute |
Total Pages | : 156 |
Release | : 1999 |
Genre | : Business & Economics |
ISBN | : 9780844741246 |
Financial services regulation tends to be costly and unsympathetic to consumers. This book examines why that is the case and proposes and regulatory regime that would be more efficient and more responsive to consumer interests.
Author | : Kelsey Farmer |
Publisher | : |
Total Pages | : 24 |
Release | : 2015 |
Genre | : |
ISBN | : |
The Financial Markets Conduct Act 2013 (FMC Act) represents the most substantial overhaul of New Zealand's securities law in recent history. The regulation of derivatives in particular featured high on the agenda as an area in need of reform and, as a result, the FMC Act is much more clear than the Securities Act 1978 and Securities Markets Act 1988 with respect to typical derivative agreements. The focus of this article, however, is on the atypical: the use of derivatives in prediction markets. This article examines whether New Zealand-based prediction market iPredict will be regulated under the FMC Act and, if so, how it will be regulated. The conclusion reached is that iPredict can operate under the FMC Act only if the Financial Markets Authority declares that its contracts are derivatives and grants substantial exemptions from regulatory compliance. This article then makes recommendations for a more coherent approach to the regulation of prediction markets by analogy with the new prescribed intermediary service licences under the FMC Act.
Author | : John A. Tatom |
Publisher | : Springer Science & Business Media |
Total Pages | : 243 |
Release | : 2011-01-11 |
Genre | : Business & Economics |
ISBN | : 1441966374 |
What role should regulation play in financial markets? What have been the ramifications of financial regulation? To answer these and other questions regarding the efficacy of legislation on financial markets, this book examines the impact of the Gramm Leach Bliley Act (GLBA), also called the Financial Modernization Act of 1999, which fundamentally changed the financial landscape in the United States. The GLBA allows the formation of financial holding companies that can offer an integrated set of commercial banking, securities and insurance products. The tenth anniversary of the most sweeping financial legislation reform in the industry’s structure is a natural benchmark for assessing the effects of the law and for questioning whether changes are necessary in the working of this historic legislation. The importance of this review is reinforced by a variety of proposals in the last several years to reform the regulation of financial institutions that have attracted considerable attention among regulators and in the financial firms that they regulate. Most recently, the financial crisis and the failure of some large financial institutions have called into question the legitimacy of America’s current financial structure and its regulation, including to some degree the GLBA. There is no doubt that regulatory reform is front and center on today’s policy agenda. The lessons of the GLBA experience and its effects, both domestic and international, on financial markets and competitiveness, risk-taking and risk management by financial services firms and their regulators will be critical to the direction the country takes and the effort to ensure that future financial crises do not occur or have less costly damage. With contributions from academics, policy experts, and a sponsor of the GLBA, Congressman James Leach, this book is invaluable to anyone interested in financial system reform.
Author | : Masahiro Kawai |
Publisher | : Brookings Institution Press |
Total Pages | : 441 |
Release | : 2011 |
Genre | : Business & Economics |
ISBN | : 0815704895 |
"In the wake of the global financial crisis that began in 2008, offers a systematic overview of recent developments in regulatory frameworks in advanced and emerging-market countries, outlining challenges to improving regulation, markets, and access in developing economies"--Provided by publisher.
Author | : Alain Jeunemaître |
Publisher | : Springer |
Total Pages | : 251 |
Release | : 1997-10-13 |
Genre | : Business & Economics |
ISBN | : 1349258679 |
What lies at the heart of financial regulation? Economic principles? Public interest motives? Bureaucratic procedures? Many academics have extensively written on financial regulation. Rarely, practitioners, and in particular European practitioners, have had their say, the opportunity to express their views on how financial regulation is and should be governed. The book attempts to fill that gap: heads of Securities Commissions, representatives of self-regulatory organizations and exchanges, lawyers, have debated on the different issues of regulation. They draw the lessons from their experience and their regulatory achievements.
Author | : John A. Tatom |
Publisher | : Springer |
Total Pages | : 240 |
Release | : 2011-01-13 |
Genre | : Business & Economics |
ISBN | : 9781441966360 |
What role should regulation play in financial markets? What have been the ramifications of financial regulation? To answer these and other questions regarding the efficacy of legislation on financial markets, this book examines the impact of the Gramm Leach Bliley Act (GLBA), also called the Financial Modernization Act of 1999, which fundamentally changed the financial landscape in the United States. The GLBA allows the formation of financial holding companies that can offer an integrated set of commercial banking, securities and insurance products. The tenth anniversary of the most sweeping financial legislation reform in the industry’s structure is a natural benchmark for assessing the effects of the law and for questioning whether changes are necessary in the working of this historic legislation. The importance of this review is reinforced by a variety of proposals in the last several years to reform the regulation of financial institutions that have attracted considerable attention among regulators and in the financial firms that they regulate. Most recently, the financial crisis and the failure of some large financial institutions have called into question the legitimacy of America’s current financial structure and its regulation, including to some degree the GLBA. There is no doubt that regulatory reform is front and center on today’s policy agenda. The lessons of the GLBA experience and its effects, both domestic and international, on financial markets and competitiveness, risk-taking and risk management by financial services firms and their regulators will be critical to the direction the country takes and the effort to ensure that future financial crises do not occur or have less costly damage. With contributions from academics, policy experts, and a sponsor of the GLBA, Congressman James Leach, this book is invaluable to anyone interested in financial system reform.
Author | : Jean-Baptiste Zufferey |
Publisher | : Springer |
Total Pages | : 360 |
Release | : 1997-07-23 |
Genre | : Business & Economics |
ISBN | : |
Profound changes in the financial markets have caused many lawmakers to modernise their legislation. This work provides a fundamental analysis of the questions raised by the laws ruling trading systems. In doing so, it defines such terms as: stock exchange analogous system protection of investors protection of the market function It also offers answers to questions such as: What trading rules do the financial intermediaries (banks) have to observe? What objectives should be pursued by lawmakers? What role is to be left to competition? What should be left to self-regulation? This work takes both a critical and comparative approach, looking in particular at Anglo-Saxon, Continental, and European legislation. it provides a comparative analysis of each subject covered, including the advantages and disadvantages that exist in the diverse legal solutions envisaged, As well as the current state of the various controversies in the existing doctrine.
Author | : Douglas Arner |
Publisher | : Oxford Legal Research Library |
Total Pages | : 0 |
Release | : 2016 |
Genre | : Law |
ISBN | : 9780198706472 |
Since the publication of the first edition in 2006, financial regulation around the world has changed dramatically as a result of the 2008 global financial crisis. As one of the world's leading financial centres, international regulatory reforms have had a significant impact on the legal and regulatory system in Hong Kong. This new second edition provides a comprehensive and authoritative single-volume guide to the main areas of financial regulation and financial law in Hong Kong. Given the massive changes in financial regulation globally and in Hong Kong, the second edition has been substantially rewritten and revised to address changes in markets and their legal and regulatory frameworks, as well as the implications of these changes to future market development. The book is in five parts: The first part considers the evolution of Hong Kong's role as a financial centre and the development of its financial regulatory structure, one that is perhaps unusually complex given the size of the jurisdiction. The second part discusses the regulation of the banking, securities, insurance sectors, including the regulatory powers of the Hong Kong Monetary Authority (HKMA), the Securities and Futures Commission of Hong Kong (SFC), the Office of the Commissioner of Insurance (OCI), and the forthcoming Independent Insurance Authority (IIA). The third part covers regulation of financial products and services, including securities offerings and listings, investment products and asset management, financial derivatives, and takeovers and mergers. The fourth part addresses market conduct and misconduct, including corporate governance, market abuse and financial crime. Finally, the fifth part examines the international context, focusing on the relationship between Hong Kong's financial markets and regulation and mainland China as well as key issues for Hong Kong's role as a major global financial centre.