Investor Protection in Light of the Dodd-Frank Act

Investor Protection in Light of the Dodd-Frank Act PDF Author: Caroline S. Jensen
Publisher:
ISBN: 9781613242452
Category : Consumer protection
Languages : en
Pages : 0

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Book Description
Title IX of the Dodd-Frank Wall Street Reform and Consumer Protection Act deals with investor protection and securities regulation. Parts of Title IX address aspects of the securities markets that are commonly viewed as directly involved in the financial crisis, such as credit ratings and securitisation. In particular, the Madoff and Standard Ponzi schemes, discovered in late 2008 and early 2009, raised questions about the quality of regulation by the Securities and Exchange Commission (SEC). As a result, numerous provisions in Title IX address the SEC's performance and resources. This book provides brief summaries of selected provisions in Title IX and attempts to include these provisions that create new SEC authority, that were controversial during the legislative process and appear to have far-reaching consequences for the regulation of securities markets.

Investor Protection in Light of the Dodd-Frank Act

Investor Protection in Light of the Dodd-Frank Act PDF Author: Caroline S. Jensen
Publisher:
ISBN: 9781613242452
Category : Consumer protection
Languages : en
Pages : 0

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Book Description
Title IX of the Dodd-Frank Wall Street Reform and Consumer Protection Act deals with investor protection and securities regulation. Parts of Title IX address aspects of the securities markets that are commonly viewed as directly involved in the financial crisis, such as credit ratings and securitisation. In particular, the Madoff and Standard Ponzi schemes, discovered in late 2008 and early 2009, raised questions about the quality of regulation by the Securities and Exchange Commission (SEC). As a result, numerous provisions in Title IX address the SEC's performance and resources. This book provides brief summaries of selected provisions in Title IX and attempts to include these provisions that create new SEC authority, that were controversial during the legislative process and appear to have far-reaching consequences for the regulation of securities markets.

Enhanced Investor Protection After the Financial Crisis

Enhanced Investor Protection After the Financial Crisis PDF Author: United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 140

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Book Description


Enhanced Investor Protection After the Financial Crisis

Enhanced Investor Protection After the Financial Crisis PDF Author: United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs
Publisher:
ISBN:
Category : Securities
Languages : en
Pages : 128

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Book Description


Is Systemic Risk Prevention the New Paradigm? A Proposal to Expand Investor Protection Principles to the Hedge Fund Industry

Is Systemic Risk Prevention the New Paradigm? A Proposal to Expand Investor Protection Principles to the Hedge Fund Industry PDF Author: Cary Martin Shelby
Publisher:
ISBN:
Category :
Languages : en
Pages : 56

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Book Description
The Dodd-Frank Act finally achieved the inevitable. It subjects hedge funds to significant regulatory oversight even though they were previously exempt from regulation. In 2006, the SEC notoriously failed at this task when the D.C. Court of Appeals held that the agency acted outside of its rulemaking authority in attempting to regulate hedge fund advisers. Through the passage of the Dodd-Frank Act, Congress finally finished what the SEC started by using the current political climate to close this regulatory loophole. The Dodd-Frank Act is a step in the right direction, but it leaves an important question largely unanswered: Should hedge fund investors actually be protected under our federal securities laws? While the Dodd-Frank Act will require many hedge fund advisers to register under the Advisers Act, the extent to which this will actually protect investors is unclear. Overall, the Dodd-Frank Act seems to be limited to systemic risk prevention. Many researchers in this area agree with this approach and believe that investor protection is inapplicable in this case, since such investors are typically institutions or wealthy individuals who can presumably fend for themselves. This view is consistent with traditional notions of investor protection, which reject the argument that investor protection principles should be expanded to hedge fund investors. In contrast, this article focuses on the need for greater protection of these investors since the hedge fund industry has morphed into its own distinct marketplace that has grown increasingly complex. As such, this article specifically argues that the Dodd-Frank Act does not provide hedge fund investors with enough information to adequately protect themselves from the unique informational challenges associated with hedge fund investments. These unique issues encompass an overall lack of standardization within the industry, particularly with respect to its disclosure practices, risk assessments, and valuation procedures. Furthermore, the losses of these sophisticated investors can adversely impact unsuspecting retail investors as well the entire economy, which makes the expansion of investor protection concepts a pressing issue. This article concludes by proposing an alternative regulatory framework that creates uniform and mandatory measures of risk and valuation, which would provide reliable and consistent disclosures to investors, and create more transparency within the hedge fund marketplace.

Dodd-Frank Manual Series

Dodd-Frank Manual Series PDF Author: James Hamilton
Publisher: Aspen Publishers
ISBN: 9780808031543
Category : Corporate governance
Languages : en
Pages : 0

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Book Description
With regulatory implementation of the Dodd-Frank Wall Street Reform and Consumer Financial Protection Act of 2010 well underway, it has never been more critical for counsel and their corporate clients to have a deep understanding of the implications of these regulatory changes on the banking, securities, and financial services sectors. At Wolters Kluwer Law & Business, we've created the Dodd-Frank Manual Series to identify the issues, explore the topics, and dissect the "need-to-know" regulations. Each volume in this new series, written by Wolters Kluwer Law & Business attorney-editors, explains issues by Title of the Act providing a focused discussion and analysis of specific topics that will expedite your research, giving you the knowledge to confidently advise clients and ensure corporate compliance. Securities Regulation and Corporate Governance (Title IX) offers full explanation of Title IX along with the implementing regulations, forms, guidance, studies and reports. Title IX imposes regulatory reforms in the areas of: investor protection, enforcement and remedies, asset-backed securities, credit rating agencies, corporate governance, SEC funding and organization, the Public Company Accounting Oversight Board, and municipal securities.

The New Financial Deal

The New Financial Deal PDF Author: David Skeel
Publisher: John Wiley & Sons
ISBN: 1118014928
Category : Business & Economics
Languages : en
Pages : 243

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Book Description
The good, the bad, and the scary of Washington's attempt to reform Wall Street The Dodd-Frank Wall Street Reform and Consumer Protection Act is Washington's response to America's call for a new regulatory framework for the twenty-first century. In The New Financial Deal, author David Skeel offers an in-depth look at the new financial reforms and questions whether they will bring more effective regulation of contemporary finance or simply cement the partnership between government and the largest banks. Details the goals of the legislation, and reveals that how they are handled could dangerously distort American finance, making it more politically charged, less vibrant, and further removed from basic rule of law principles Provides an inside account of the legislative process Outlines the key components of the new law To understand what American financial life is likely to look like in five, ten, or twenty years, and how regulators will respond to the next crisis, we need to understand Dodd-Frank. The New Financial Deal provides that understanding, breaking down both what Dodd-Frank says and what it all means.

Financial Stability Regulation as Indirect Investor/Consumer Protection Regulation

Financial Stability Regulation as Indirect Investor/Consumer Protection Regulation PDF Author: Hilary J. Allen
Publisher:
ISBN:
Category :
Languages : en
Pages : 31

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Book Description
An investor who purchases shares in a corporation, at a price that has been inflated by misleading information, suffers when the truth comes to light and the share price falls. A consumer seeking financing to buy a home suffers if a lender misleads the consumer about the cost and features of a mortgage that the consumer subsequently obtains. In the United States, investor protection regulations, as administered by the Securities and Exchange Commission (“SEC”), aim to address the first scenario by providing remedies for fraud in connection with the purchase or sale of a security. To address the latter scenario, a slew of federal consumer protection legislation exists that seeks to protect the consumer from unfair, deceptive, abusive and discriminatory practices. Since the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”), these consumer protection statutes have largely been administered by the Consumer Financial Protection Bureau (“CFPB”). In both of these examples, the primary focus is on the harm that individual investors and consumers can suffer at the hands of unscrupulous actors. However, both investors and consumers are - collectively - hurt more by the economic disruptions that follow a financial crisis than they are from individual instances of misconduct. Despite this, a shared characteristic of the SEC and CFPB is that both agencies typically discharge their protector functions from a direct perspective. Unfortunately, such an approach neglects the indirect harm that consumers and investors suffer as a result of financial instability. That is not to say that the SEC and the CFPB are currently discharging their functions in identical ways: there are certainly striking differences in culture and approach that are evident when we compare the agencies, and when we compare investor- and consumer-targeted laws more generally. A more detailed analysis of such distinctions, and the design and purpose of the SEC and CFPB, can be found in the other contributions to this Symposium. The aim of this Article, however, is to illustrate the depth of harm that can befall both investors and consumers in the aftermath of a financial crisis, and in doing so, make the case that financial stability regulation - which aims to prevent such crises - should be conceptualized as a vitally important, albeit indirect, form of consumer protection and investor protection regulation.

Regulating Wall Street

Regulating Wall Street PDF Author: New York University Stern School of Business
Publisher: John Wiley & Sons
ISBN: 0470949864
Category : Business & Economics
Languages : en
Pages : 592

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Book Description
Experts from NYU Stern School of Business analyze new financial regulations and what they mean for the economy The NYU Stern School of Business is one of the top business schools in the world thanks to the leading academics, researchers, and provocative thinkers who call it home. In Regulating Wall Street: The New Architecture of Global Finance, an impressive group of the Stern school’s top authorities on finance combine their expertise in capital markets, risk management, banking, and derivatives to assess the strengths and weaknesses of new regulations in response to the recent global financial crisis. Summarizes key issues that regulatory reform should address Evaluates the key components of regulatory reform Provides analysis of how the reforms will affect financial firms and markets, as well as the real economy The U.S. Congress is on track to complete the most significant changes in financial regulation since the 1930s. Regulating Wall Street: The New Architecture of Global Finance discusses the impact these news laws will have on the U.S. and global financial architecture.

Retail Investor Protection Act

Retail Investor Protection Act PDF Author: United States. Congress. House. Committee on Financial Services
Publisher:
ISBN:
Category : Investment advisors
Languages : en
Pages : 16

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Book Description


The Law of Investor Protection

The Law of Investor Protection PDF Author: Jonathan Fisher
Publisher: Sweet & Maxwell
ISBN: 9780421673007
Category : Financial services industy
Languages : en
Pages : 734

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Book Description
This series enables practitioners to stay up to date with litigation and developments in the field of entertainment law. Emphasis is placed on the practical implications of relevant legislative developments and the effects of technology on artists, rights owners and collecting societies