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Equivalence And Substituted Compliance In Financial Markets Law
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Book Synopsis Equivalence and Substituted Compliance in Financial Markets Law by : Jonas Schürger
Download or read book Equivalence and Substituted Compliance in Financial Markets Law written by Jonas Schürger and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equivalence and Substituted Compliance in Financial Markets Law provides in-depth analysis of deference in the EU, Switzerland, and the US legal frameworks. It examines equivalence mechanisms in these jurisdictions from a comparative, economic, and constitutional perspective, discussing questions of national law, EU law, and world trade law.
Download or read book Substituted Compliance written by Lily Vo and published by . This book was released on 2015 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent trend toward globalization of financial markets has resulted in a growing need for effective U.S. policies with respect to foreign banking organizations that conduct business with U.S. persons or within U.S. territory. These foreign financial entities typically fall within the jurisdiction of both the U.S. and their home countries. Due to concerns that excessively risky activities of foreign entities could adversely affect U.S. markets, the Dodd-Frank Act defaults toward the National Treatment Model, mandating that all foreign entities within U.S. jurisdiction comply with U.S. regulations in addition to their home country regulations. However, the Dodd-Frank approach creates problems due to variations in financial regulations among jurisdictions -- U.S. regulations are often redundant or in conflict with the entities' host country rules. This article therefore recommends that U.S. agencies develop a policy that would: permit efficient transactions with jurisdictions that previously had conflicting regulations; reduce costs associated with complying with duplicative regulations; and minimize the risk of contagion to U.S. markets.This article will evaluate several potential regulatory frameworks for international entities -- specifically harmonization, minilateralism, mutual recognition, and outcome-based substituted compliance -- in the areas of entity registration; prudential standards, such as capital adequacy and liquidity; and transaction requirements, such as margin. Substituted compliance is a policy in which international financial institutions with operations in the U.S. could be deemed in compliance with U.S. law and regulations by complying with their host countries' regulations, provided that the regulations in the host country are declared to be "equivalent" to their U.S. counterparts. If correctly implemented, substituted compliance could be the most effective framework for achieving the desired policy objectives in the areas of entity registration and over-the-counter derivative transactions. However, despite the benefits of substituted compliance, this article recognizes the lack of viability of substituted compliance with respect to prudential requirements until U.S. regulators have increased confidence in foreign regulators' abilities to control contagion. This article suggests potential reforms that could provide such confidence.
Book Synopsis Analyzing the Economics of Financial Market Infrastructures by : Diehl, Martin
Download or read book Analyzing the Economics of Financial Market Infrastructures written by Diehl, Martin and published by IGI Global. This book was released on 2015-08-17 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prosperity and stability of any economic structure is reliant upon a foundation of secure systems that regulate the movement of money across the globe. These structures have become an integral part of contemporary society by reducing monetary risk and increasing financial security. Analyzing the Economics of Financial Market Infrastructures is a pivotal reference source for the latest scholarly research on the current developments in financial systems and how these processes are evolving due to new regulations and technical advances. Featuring extensive coverage on a range of relevant topics on payment systems, central securities depositories, central counterparties, and trade repositories, this book is an essential reference source for professionals in the financial sector, analysts, IT professionals, and academicians concerned with emerging research on financial markets. This book features timely, research-based chapters on a variety of crucial topics including, but not limited to, payment timing, multi-layer networks, transaction simulations, payment system analysis, and regulation of financial marketplaces.
Book Synopsis Principles of Corporate Finance Law by : Eilis Ferran
Download or read book Principles of Corporate Finance Law written by Eilis Ferran and published by OUP Oxford. This book was released on 2014-02-20 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate finance theory seeks to understand how incorporated firms address the financial constraints that affect their investment decisions. This is achieved by using varied financial instruments that give holders different claims on the firm's assets. Recent scholarship in this area explores precisely how legal mechanisms affect corporate finance and the development of financial markets. The legal environment is crucially important in explaining the choices that companies make about their capital structure. This book combines company law, capital market regulation and commercial law to give readers a detailed understanding of the legal and regulatory issues relating to corporate financial transactions. Informed by insights from the theoretical and empirical work of financial economists, the book examines, from a legal perspective, key elements of corporate financing structures and capital markets in the UK. The authors' practical experience of transactions and regulatory issues ensures that thorough scholarly inquiry and critical reflection are complemented by an assured understanding of the interface between legal principles and rules as they are documented and in their actual operation.
Book Synopsis Principles of Corporate Finance Law by : Eilís Ferran
Download or read book Principles of Corporate Finance Law written by Eilís Ferran and published by Oxford University Press. This book was released on 2023-09-27 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate finance theory seeks to understand how incorporated firms address the financial constraints that affect their investment decisions. This is achieved by using varied financial instruments that seek to give holders different claims on the firm's assets. Recent scholarship in this area has highlighted the critical importance of the legal environment in explaining the choices that companies make about their capital structure. This book combines company law, capital markets law, and aspects of commercial and insolvency law to give readers a detailed understanding of the legal and regulatory issues relating to corporate finance. Informed by insights from theoretical and empirical work, the book examines from a legal perspective the key elements of corporate financing structures and capital markets in the UK. The authors' practical experience of transactions and regulatory issues ensures that thorough scholarly inquiry and critical reflection are complemented by an assured understanding of the interface between legal principles and rules as they are documented and in their actual operation. Key developments covered in this third edition include the post-Brexit adaptation of UK company law and capital market regulation, important new cases on parent company liability in tort, creditor-facing duties of directors, issuer and director liability for misleading statements to the market, alternatives to public market financing, and recent changes in the practice of debt finance.
Author :The Law The Law Library Publisher :Createspace Independent Publishing Platform ISBN 13 :9781721510160 Total Pages :192 pages Book Rating :4.5/5 (11 download)
Book Synopsis Interpretive Guidance and Policy Statement Regarding Compliance with Certain Swap Regulations (Us Commodity Futures Trading Commission Regulation) (Cftc) (2018 Edition) by : The Law The Law Library
Download or read book Interpretive Guidance and Policy Statement Regarding Compliance with Certain Swap Regulations (Us Commodity Futures Trading Commission Regulation) (Cftc) (2018 Edition) written by The Law The Law Library and published by Createspace Independent Publishing Platform. This book was released on 2018-06-16 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interpretive Guidance and Policy Statement Regarding Compliance with Certain Swap Regulations (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition) The Law Library presents the complete text of the Interpretive Guidance and Policy Statement Regarding Compliance with Certain Swap Regulations (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition). Updated as of May 29, 2018 On July 12, 2012, the Commodity Futures Trading Commission ("Commission" or "CFTC") published for public comment its proposed interpretive guidance and policy statement ("Proposed Guidance") regarding the cross-border application of the swaps provisions of the Commodity Exchange Act ("CEA"), as added by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act" or "Dodd-Frank"). On December 21, 2012, the Commission also proposed further guidance on certain aspects of the Proposed Guidance ("Further Proposed Guidance"). This book contains: - The complete text of the Interpretive Guidance and Policy Statement Regarding Compliance with Certain Swap Regulations (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition) - A table of contents with the page number of each section
Book Synopsis Equivalence in Financial Services by : Francesco Pennesi
Download or read book Equivalence in Financial Services written by Francesco Pennesi and published by Springer Nature. This book was released on 2022-04-24 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equivalence in Financial Services offers a comprehensive and cross-industry examination of the rules and procedures under EU financial legislation dedicated to third-country market actors. The equivalence regime has become particularly topical after Brexit, as the United Kingdom is now a third country from the perspective of the European Union. This book investigates whether the current equivalence system is fit for its purpose, namely facilitating cross-border finance while minimizing as extensively as possible financial risks. After describing how the European Commission adopts equivalence measures, the book examines the implementation of the equivalence regime for the following entities: Credit Rating Agencies, Benchmarks, Trading Venues, Investment Firms, Investment Funds, Central Securities Depositories, Trade Repositories, and Central Counterparties. Addressing the most recent policy and legal developments, Equivalence in Financial Services provides an insightful guide into this complex area of financial regulation for scholars of financial regulation, legal practitioners, and policy makers.
Book Synopsis Financial Market Infrastructure and Economic Integration by : George A Papaconstantinou
Download or read book Financial Market Infrastructure and Economic Integration written by George A Papaconstantinou and published by Bloomsbury Publishing. This book was released on 2024-01-25 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comprehensive study of the interplay between the cutting-edge regulation of financial infrastructure and international economic integration. It tackles a series of important questions: How does the regulation of central counterparties interact with international economic law? Is the WTO able to deal with the regulatory diversity of each country's financial rulebook? Do FTAs foster deeper integration of financial infrastructure services? Can competition law effectively tackle monopolisation and anti-competitive conduct in financial infrastructure? The book discusses how the liberalisation of financial market infrastructure is achieved within the most prominent international economic integration settings: the WTO, Economic Integration Agreements, and EU competition law. It explores whether a more harmonious relationship between financial regulation and economic integration is feasible, and how it can be achieved. The book demonstrates the existence of both structural barriers to trade and trade-facilitating tools that can impede and foster the further integration of financial market infrastructure. Measuring the depth of liberalisation of financial market infrastructure services in more than 120 FTAs, as well as surveying recent case law of the WTO, the Court of Justice of the European Union, and the practice of the European Commission, the book shows how the economic integration of financial market infrastructure occurs. An essential read for those seeking to understand how the cutting-edge regulation of financial market infrastructure and transnational systems of economic integration interact with one another.
Book Synopsis Reconceptualising Global Finance and its Regulation by : Ross P. Buckley
Download or read book Reconceptualising Global Finance and its Regulation written by Ross P. Buckley and published by Cambridge University Press. This book was released on 2016-03-11 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking stock of the 2008 global financial crisis, this book provides 'outside the box' solutions for reforming international financial regulation.
Book Synopsis EU Securities and Financial Markets Regulation by : Niamh Moloney
Download or read book EU Securities and Financial Markets Regulation written by Niamh Moloney and published by Oxford University Press. This book was released on 2023-03-29 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the decade or so since the global financial crisis rocked EU financial markets and led to wide-ranging reforms, EU securities and financial markets regulation has continued to evolve. The legislative framework has been refined and administrative rulemaking has expanded. Alongside, the Capital Markets Union agenda has developed, the UK has left the EU, and ESMA has emerged as a decisive influence on EU financial markets governance. All these developments, as well as the Covid-19 pandemic, have shaped the regulatory landscape and how supervision is organized. EU Securities and Financial Markets Regulation provides a comprehensive, critical, and contextual account of the intricate rulebook that governs EU financial markets and its supporting institutional arrangements. It is framed by an assessment of how the regime has evolved over the decade or so since the global financial crisis and considers, among other matters, the post-crisis reforms to key legislative measures, the massive expansion of administrative rulemaking and of soft law, the Capital Markets Union agenda, the development of supervisory convergence as the means for organizing pan-EU supervision, and ESMA's role in EU financial markets governance. Its coverage extends from capital-raising and the Prospectus Regulation to financial market intermediation and the MiFID II/MiFIR and IFD/IFR regimes, to the new regulatory regimes adopted since the global financial crisis (including for benchmarks and their administrators), to retail market regulation and the PRIIPs Regulation, and on to the EU's third country regime and the implications of the UK's departure from the EU. This is the fourth edition of the highly successful and authoritative monograph first published as EC Securities Regulation. Heavily revised from the third edition to reflect developments since the global financial crisis, it adopts the in-depth contextual and analytical approach of earlier editions and so considers the market, political, institutional, and international context of the regulatory and supervisory regime.
Book Synopsis Complexity's Embrace by : Oonagh E. Fitzgerald
Download or read book Complexity's Embrace written by Oonagh E. Fitzgerald and published by McGill-Queen's Press - MQUP. This book was released on 2018-03-31 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: An unprecedented political, economic, social, and legal storm was unleashed by the United Kingdom's June 2016 referendum to leave the European Union and the government's response to the vote. After decades of strengthening European integration and independence, Brexit necessitates a deep understanding of its international law implications on both sides of the English Channel in order to chart the stormy seas of negotiating and advancing beyond separation. In Complexity's Embrace, international law practitioners and academics from the United Kingdom, Europe, Canada and the United States look beyond the rhetoric of "Brexit Means Brexit" and "no agreement is better than a bad agreement" to explain the challenges that need to be addressed in the diverse fields of trade, financial services, insolvency, intellectual property, environment, and human rights. The authors in this volume articulate, with unvarnished clarity, the international law implications of Brexit, providing policy makers, commentators, the legal community, and civil society with critical information they need to participate in negotiating their future within or outside Europe. Complexity's Embrace explores the many unprecedented questions about the UK's future trading arrangements. Contributors include Thomas Cottier, Armand de Mestral, Oonagh E. Fitzgerald, David A. Gantz, Markus Gehring, Valerie Hughes, Matthias Lehmann, Eva Lein, Dorothy Livingston, Richard Macrory, Luke McDonagh, Marc Mimler, Howard P. Morris, Gabriel Moss, Helen Mountfield, Federico M. Mucciarelli, Joe Newbigin, Colm O’Cinneide, Damilola S. Olawuyi, Christoph G. Paulus, Maziar Peihani, Freedom-Kai Phillips, Stephen Tromans, Diana Wallis, and Dirk Zetzsche.
Book Synopsis Transnational Securities Regulation by : Antonio Marcacci
Download or read book Transnational Securities Regulation written by Antonio Marcacci and published by Springer Nature. This book was released on 2022-11-25 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides an analysis of the emergence, evolution, and transformation of transnational securities regulation and of the influences from and the interactions between global regulatory powers in the field. Combining insights from law and political science, the work employs a two-tier complementary "on-the-books" and "in-action” approach. The more classical "on-the-books" approach draws on scholarship in United States and European Union securities regulation; transnational regulation and global administrative law; regime complexity; global governance studies; and the regulatory production of the International Organisation of Securities Commissions (IOSCO). The law in-action approach leverages the author’s experience as Compliance senior professional in a multinational financial institution as well as research interviews with senior IOSCO staff. The author’s findings enable the reader to develop an original understanding of IOSCO, its standards, and its unique place in the transnational regulatory arena. They also challenge the doxa that the US are the only driving regulatory power in the securities area when in fact, other regulatory powers are emerging – for the time being, the EU. The balance has shifted and regulatory compromises are achieved at different points in the rule making process.
Book Synopsis International Convergence of Capital Measurement and Capital Standards by :
Download or read book International Convergence of Capital Measurement and Capital Standards written by and published by Lulu.com. This book was released on 2004 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Research Handbook on Extraterritoriality in International Law by : Austen Parrish
Download or read book Research Handbook on Extraterritoriality in International Law written by Austen Parrish and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: By engaging with the ongoing discussion surrounding the scope of cross-border regulation, this expansive Research Handbook provides the reader with key insights into the concept of extraterritoriality. It offers an incisive overview and analysis of one of the most critical components of global governance.
Book Synopsis International Economic Law by : Giovanna Adinolfi
Download or read book International Economic Law written by Giovanna Adinolfi and published by Springer. This book was released on 2016-12-29 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume scrutinises the main challenges faced by States in their current international economic relations from an interdisciplinary perspective. It combines legal research with political and economic analysis and favours dialogue among scientific disciplines. Readers are offered a series of in-depth studies on a rich variety of topics: how to reconcile States’ interest to benefit from economic liberalization with their need to pursue social goals (such as the protection of human rights or of the environment); recent developments under WTO law and regional integration processes; international cooperation in the energy sector; national regulatory developments in the banking sector, sovereign wealth funds and investor-State arbitration.
Book Synopsis Regulating and Supervising European Financial Markets by : Mads Andenas
Download or read book Regulating and Supervising European Financial Markets written by Mads Andenas and published by Springer. This book was released on 2016-08-16 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses the institutions of the European financial market supervision and the challenges of financial markets. The current European supervisory structure for financial markets represents a major development in European supervisory history. Its operation however has to be explored and analysed critically. Has it gone far enough to provide a sufficiently comprehensive and resilient system to reduce or mitigate systemic risks and handle financial crises? Some claim it has gone too far already. Fresh and rigorous critical legal and economic analysis from an independent scholarly perspective are needed to assess whether the institutional design of the European supervisory architecture has proved itself to be an efficient and effective model. This book discusses many dimensions of the structure and workings of the European system from various angles providing different dimensions. The book makes an important contribution to the limited literature on financial market supervision.
Book Synopsis Corporate Compliance on a Global Scale by : Stefano Manacorda
Download or read book Corporate Compliance on a Global Scale written by Stefano Manacorda and published by Springer Nature. This book was released on 2021-11-25 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume presents an innovative and critical analysis of corporate compliance from an interdisciplinary and international perspective. It defines the historical framework and the various roles played by corporate compliance in today's context. It questions how different cultures affect economic behaviors and under which conditions the individual choices may be directed toward law-abiding behavior. Examining corporate compliance as a tool of criminal and regulatory policy strategies in different countries and sectors, this book also aims to provide a picture of the dimension and scope of the public-private partnership, focusing on the prevention and detection of corporate crimes. It analyzes the effects of corporate compliance on the internal organization in terms of cost-benefit assessment, as well as the opportunities in technical innovation for detecting and controlling risk.
