[PDF] Reforming Corporate Retail Investor Protection eBook

Author : Diane Bugeja
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 20,80 MB
Release : 2019-12-12
Category : Law
ISBN : 1509925872

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The spate of mis-selling episodes that have plagued the financial services industries in recent years has caused widespread detriment to investors. Notwithstanding numerous regulatory interventions, curtailing the incidence of poor investment advice remains a challenge for regulators, particularly because these measures are taken in a 'fire-fighting' fashion without adequate consideration being given to the root causes of mis-selling. Against this backdrop, this book focuses on the sale of complex investment products to corporate retail investors by drawing upon the widespread mis-selling of interest rate hedging products (IRHP) in the UK and beyond. It brings to the fore the relatively understudied field concerning the different degrees of investor protection mechanisms applicable to individual retail investors – as opposed to corporate retail investors – by taking stock of past regulatory reforms and forthcoming regulatory initiatives as well as, more importantly, the conclusions reached by the judiciary in IRHP mis-selling claims. The conclusions are particularly interesting: corporate retail investors are in a vulnerable position when compared to individual retail investors. The former are exposed to a heightened risk of mis-selling, meaning that regulatory intervention should be targeted accordingly. The recommendations made as a result of these findings are further supported by insights emerging from behavioural law and economic theories. This book is aimed at researchers, lawyers and students with an interest in the financial regulation field who are keen to explore potential regulatory reforms to the investment services regime that address the root causes of mis-selling, and restore a level playing field amongst all retail investors.

Author : Parimala Veluvali
Publisher : Springer
Page : 137 pages
File Size : 23,7 MB
Release : 2019-05-17
Category : Business & Economics
ISBN : 3030127567

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This book focuses on the regulatory aspect of retail investor protection in the context of Initial Public Offerings (IPOs) in the Indian securities market. The book captures the salient policy changes that have transformed the IPO markets in India from their rudimentary structure at their present advanced structure. While primary markets reforms in India have been an ongoing endeavor, there has been a renewed emphasis in the recent past on reforming the market keeping the retail investors in focus. Greater retail participation is the intended objective of the reforms agenda. The book assesses retail participation in all the IPOs that have been floated between the period 2012-2017 in terms of their subscriptions, size of investment and quantum of applications. The book also provides a concise overview of the significant legislative developments that have been enacted keeping the retail investor in focus.

Author : Niamh Moloney
Publisher : Cambridge University Press
Page : 501 pages
File Size : 43,63 MB
Release : 2010-01-21
Category : Law
ISBN : 1139485555

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As governments around the world withdraw from welfare provision and promote long-term savings by households through the financial markets, the protection of retail investors has become critically important. Taking as a case study the wide-ranging EC investor-protection regime which now governs EC retail markets after an intense reform period, this critical, contextual and comparative examination of the nature of investor protection explores why the retail investor should be protected, whether retail investor engagement with the markets should be encouraged and how investor protection laws should be designed, particularly in light of the financial crisis. The book considers the implications of the EC's investor protection rules 'on the books' but also considers investor protection law and policy 'in action', drawing on experience from the UK retail market and in particular the Financial Services Authority's extensive retail market activities, including the recent Retail Distribution Review and the Treating Customers Fairly strategy.

Author : Rafael La Porta
Publisher :
Page : 42 pages
File Size : 23,4 MB
Release : 1999
Category : Corporate governance
ISBN :

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Recent research has documented large differences between countries in ownership concentration in publicly traded firms, in the breadth and depth of capital markets, in dividend policies, and in the access of firms to external finance. We suggest that there is a common element to the explanations of these differences, namely how well investors, both shareholders and creditors, are protected by law from expropriation by the managers and controlling shareholders of firms. We describe the differences in laws and the effectiveness of their enforcement across countries, discuss the possible origins of these differences, summarize their consequences, and assess potential strategies of corporate governance reform. We argue that the legal approach is a more fruitful way to understand corporate governance and its reform than the conventional distinction between bank-centered and market-centered financial systems

Author : Oded Cohen
Publisher :
Page : 56 pages
File Size : 43,95 MB
Release : 2020
Category :
ISBN :

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Earlier studies show that an increase in compliance costs following investor protection reforms induces public firms to delist from stock exchanges. Using a difference-in-differences approach, I show in this paper that a decrease in the private benefits of control following investor protection reforms may also make listing less attractive for the controlling shareholders and induces them to take the firms private. Specifically, following extensive investor protection reforms at the country level in Israel, firms with inferior standards of corporate governance, pre-reform, were more likely to go private post-reform. Moreover, my results support the conjecture that by restricting controlling shareholders from using a senior executive position as a platform for tunneling, the reforms reduced their incentive to keep their firms public.

Author : Arthur B. Laby
Publisher : Cambridge University Press
Page : 687 pages
File Size : 41,83 MB
Release : 2022-10-27
Category : Law
ISBN : 1108995926

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The topic of investor protection has occupied investors, businesses, regulators, academics, and courts since the 1930s. The topic exploded in importance after the 2008 financial crisis and the Bernard Madoff Ponzi scheme of the same year. Investor protection scholarship now seeks to respond to developments such as the institutionalization of the markets, the democratization of finance, and the enhanced role of market professionals and other gatekeepers. Additionally, although the philosophy of full disclosure remains the guiding principle behind the securities laws, recent research has questioned the merits of a disclosure-based regime. In light of these trends, regulators try to strike the right balance between imposing a strict investor protection regime, on the one hand, and giving businesses the freedom to innovate new projects, market new services, and reduce costs, on the other. The Cambridge Handbook of Investor Protection brings together leading scholars to inform this debate and fill a gap left by these developments.

Author : Rafael La Porta
Publisher :
Page : 44 pages
File Size : 18,59 MB
Release : 2008
Category :
ISBN :

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Recent research has documented large differences between countries in ownership concentration in publicly traded firms, in the breadth and depth of capital markets, in dividend policies, and in the access of firms to external finance. We suggest that there is a common element to the explanations of these differences, namely how well investors, both shareholders and creditors, are protected by law from expropriation by the managers and controlling shareholders of firms. We describe the differences in laws and the effectiveness of their enforcement across countries, discuss the possible origins of these differences, summarize their consequences, and assess potential strategies of corporate governance reform. We argue that the legal approach is a more fruitful way to understand corporate governance and its reform than the conventional distinction between bank-centered and market-centered financial systems.

Author : United States Congress
Publisher : Createspace Independent Publishing Platform
Page : 280 pages
File Size : 12,36 MB
Release : 2018-01-04
Category :
ISBN : 9781983491047

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Additional reforms to the Securities Investor Protection Act : hearing before the Subcommittee on Capital Markets, Insurance, and Government Sponsored Enterprises of the Committee on Financial Services, U.S. House of Representatives, One Hundred Eleventh Congress, first session, December 9, 2009.

Author : Donald C. Langevoort
Publisher : Oxford University Press
Page : 225 pages
File Size : 14,59 MB
Release : 2016-05-06
Category : Business & Economics
ISBN : 019022567X

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In the midst of globalization, technological change, and economic anxiety, we have deep doubts about how well the task of investor protection is being performed. In the U.S., the focus is on the Securities & Exchange Commission. Part of the explanation is economic and political: the failure to know the right balance between investor protection and capital formation, and the resulting battle among interest groups over their preferred solutions. In Selling Hope, Selling Risk, author Donald C. Langevoort argues that regulation is also frustrated at nearly every turn by human nature, as exhibited both on the buy-side (investors) and sell-side (corporate executives, bankers, stockbrokers). There is plenty of savvy and guile, but also ample hope, fear, ego, overconfidence, social contagion and the like that persistently filter and distort the messages regulators try to send. This book is the first sustained effort to link the key initiatives of securities regulation with our burgeoning awareness in the social sciences of how people and organizations really behave in economic settings. It examines why corporate fraud occurs and how best to deter it and compensate its victims; the search for an edge via insider trading; the disclosure apparatus and its gatekeepers; sales efforts and manipulation in Ponzi schemes, internet scams, private offerings and crowdfunding; and how this all helps explain the recent global financial crisis. It ends by turning these insights back on the task of regulation itself, and the strategies (and frustrations) of making regulation work in a financial world that is at once increasingly sophisticated yet deeply human and incurably flawed.