Equivalence and Substituted Compliance in Financial Markets Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Equivalence and Substituted Compliance in Financial Markets Law PDF full book. Access full book title Equivalence and Substituted Compliance in Financial Markets Law by Jonas Schürger. Download full books in PDF and EPUB format.
Author: Jonas Schürger
Publisher:
ISBN: 9780198876762
Category : Electronic books
Languages : en
Pages : 0
Get Book Here
Book Description
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.
Author: Jonas Schürger
Publisher:
ISBN: 9780198876762
Category : Electronic books
Languages : en
Pages : 0
Get Book Here
Book Description
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.
Author: Lily Vo
Publisher:
ISBN:
Category :
Languages : en
Pages : 44
Get Book Here
Book Description
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.
Author: Eilis Ferran
Publisher: OUP Oxford
ISBN: 0191651141
Category : Law
Languages : en
Pages : 531
Get Book Here
Book Description
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.
Author: Eilís Ferran
Publisher: Oxford University Press
ISBN: 0192634682
Category : Law
Languages : en
Pages : 705
Get Book Here
Book Description
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: Francesco Pennesi
Publisher: Springer Nature
ISBN: 3030992691
Category : Business & Economics
Languages : en
Pages : 276
Get Book Here
Book Description
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.
Author: Diehl, Martin
Publisher: IGI Global
ISBN: 1466687460
Category : Business & Economics
Languages : en
Pages : 439
Get Book Here
Book Description
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.
Author: The Law The Law Library
Publisher: Createspace Independent Publishing Platform
ISBN: 9781721510160
Category :
Languages : en
Pages : 192
Get Book Here
Book Description
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
Author: George A Papaconstantinou
Publisher: Bloomsbury Publishing
ISBN: 1509966773
Category : Law
Languages : en
Pages : 317
Get Book Here
Book Description
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.
Author: Austen Parrish
Publisher: Edward Elgar Publishing
ISBN: 1800885598
Category : Political Science
Languages : en
Pages : 519
Get Book Here
Book Description
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.
Author: Ross P. Buckley
Publisher: Cambridge University Press
ISBN: 1107100933
Category : Business & Economics
Languages : en
Pages : 485
Get Book Here
Book Description
Taking stock of the 2008 global financial crisis, this book provides 'outside the box' solutions for reforming international financial regulation.
