Author: Susan D. Sawtelle
Publisher: DIANE Publishing
ISBN: 1437989357
Category : Business & Economics
Languages : en
Pages : 47
Book Description
Civil Liability of Securities Underwriters
Author: Olia Skripova
Publisher:
ISBN: 9781780682631
Category : Disclosure of information
Languages : en
Pages : 0
Book Description
This book is dedicated to the Law and Economics analysis of civil liability of securities underwriters, for the damage caused by material misstatements of corporate information by securities issuers. It starts by looking at securities underwriters from a practical and business perspective, asserting that they are undeniably indispensable and central figures in the process of securities offering. From the economics point of view, their main value comes from their ability to monitor the issuer's disclosure during the distribution of securities, to ensure that such disclosure does not contain materially misleading statements or omissions and to take preventive action if needed. This is known as the gatekeeping function of securities underwriters. Further, it is investigated whether there is a need for additional incentives for securities underwriters in order to make them perform the gatekeeping function well, as different market-based and legal enforcement mechanisms already exist. To determine the expected civil liability, the book considers five main components of liability regimes in the US, the EU, the Netherlands, and the UK - potential parties to a dispute, the liability standard, the measure of damages, the procedural rules, and the nature of the liability rules. This analysis leads to the conclusion that, in all of these countries, the expected civil liability threat is likely to be insufficient to encourage meaningful compliance by securities underwriters, and there might be a systematic under-enforcement of the underwriter's gatekeeping function. As a possible solution to the drawbacks of existing underwriter civil liability systems in each of the countries analyzed, it is suggested there should be a switch from the current negligence liability to strict liability. This should be coupled with placing the burden of proof of loss causation on the plaintiff and capping damages by the amount of the underwriting fee. (Series: European Studies in Law and Economics - Vol. 16) [Subject: Law and Economics, Corporate Law, Comparative Law]
Publisher:
ISBN: 9781780682631
Category : Disclosure of information
Languages : en
Pages : 0
Book Description
This book is dedicated to the Law and Economics analysis of civil liability of securities underwriters, for the damage caused by material misstatements of corporate information by securities issuers. It starts by looking at securities underwriters from a practical and business perspective, asserting that they are undeniably indispensable and central figures in the process of securities offering. From the economics point of view, their main value comes from their ability to monitor the issuer's disclosure during the distribution of securities, to ensure that such disclosure does not contain materially misleading statements or omissions and to take preventive action if needed. This is known as the gatekeeping function of securities underwriters. Further, it is investigated whether there is a need for additional incentives for securities underwriters in order to make them perform the gatekeeping function well, as different market-based and legal enforcement mechanisms already exist. To determine the expected civil liability, the book considers five main components of liability regimes in the US, the EU, the Netherlands, and the UK - potential parties to a dispute, the liability standard, the measure of damages, the procedural rules, and the nature of the liability rules. This analysis leads to the conclusion that, in all of these countries, the expected civil liability threat is likely to be insufficient to encourage meaningful compliance by securities underwriters, and there might be a systematic under-enforcement of the underwriter's gatekeeping function. As a possible solution to the drawbacks of existing underwriter civil liability systems in each of the countries analyzed, it is suggested there should be a switch from the current negligence liability to strict liability. This should be coupled with placing the burden of proof of loss causation on the plaintiff and capping damages by the amount of the underwriting fee. (Series: European Studies in Law and Economics - Vol. 16) [Subject: Law and Economics, Corporate Law, Comparative Law]
Securities Fraud Liability of Secondary Actors
Author: Susan D. Sawtelle
Publisher: DIANE Publishing
ISBN: 1437989357
Category : Business & Economics
Languages : en
Pages : 47
Book Description
Publisher: DIANE Publishing
ISBN: 1437989357
Category : Business & Economics
Languages : en
Pages : 47
Book Description
U.S. Regulation of the International Securities and Derivatives Markets
Author:
Publisher: Aspen Law & Business Publishers
ISBN:
Category : Business & Economics
Languages : en
Pages : 254
Book Description
Publisher: Aspen Law & Business Publishers
ISBN:
Category : Business & Economics
Languages : en
Pages : 254
Book Description
Treatise on the Law of Securities Regulation
Author: Thomas Lee Hazen
Publisher: West Group Publishing
ISBN:
Category : Business & Economics
Languages : en
Pages : 842
Book Description
Publisher: West Group Publishing
ISBN:
Category : Business & Economics
Languages : en
Pages : 842
Book Description
The Securities Litigation Review
Author: William Savitt
Publisher:
ISBN: 9781910813645
Category :
Languages : en
Pages : 310
Book Description
Publisher:
ISBN: 9781910813645
Category :
Languages : en
Pages : 310
Book Description
Securities
Author: William M. Prifti
Publisher:
ISBN:
Category : Securities
Languages : en
Pages :
Book Description
Publisher:
ISBN:
Category : Securities
Languages : en
Pages :
Book Description
Securities Market Issues for the 21st Century
Author: Merritt B. Fox
Publisher:
ISBN: 9781982966850
Category : Securities
Languages : en
Pages : 476
Book Description
Publisher:
ISBN: 9781982966850
Category : Securities
Languages : en
Pages : 476
Book Description
Fundamentals of Securities Regulation
Author: Louis Loss
Publisher: Aspen Publishers Online
ISBN: 073554199X
Category : Securities
Languages : en
Pages : 1646
Book Description
Publisher: Aspen Publishers Online
ISBN: 073554199X
Category : Securities
Languages : en
Pages : 1646
Book Description
Research Handbook on Securities Regulation in the United States
Author: Jerry W. Markham
Publisher: Edward Elgar Publishing
ISBN: 1782540075
Category : Business & Economics
Languages : en
Pages : 563
Book Description
This fascinating Handbook provides a clear explanation of the securities market regulation regime in the United States. A diverse set of contributors offer a comprehensive overview of the regulatory process, Dodd-Frank, the principal securities statute
Publisher: Edward Elgar Publishing
ISBN: 1782540075
Category : Business & Economics
Languages : en
Pages : 563
Book Description
This fascinating Handbook provides a clear explanation of the securities market regulation regime in the United States. A diverse set of contributors offer a comprehensive overview of the regulatory process, Dodd-Frank, the principal securities statute
Securities Law Techniques
Author:
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages :
Book Description
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages :
Book Description