The Crypto-Security

2019 ◽  
pp. 229-248
Author(s):  
Philipp Hacker ◽  
Chris Thomale
Keyword(s):  
Functional Analysis ◽  
Comparative Advantage ◽  
Securities And Exchange Commission ◽  
Securities Regulation ◽  
Eu Law ◽  
Consumer Law ◽  
Capital Funding ◽  
The Us ◽  
The Moment ◽  
Initial Coin Offerings

This chapter analyses the interplay between initial coin offerings (‘ICOs’) and securities regulation, with a particular focus on EU law. ICOs have come to dwarf traditional venture capital funding in the blockchain space. However, the US Securities and Exchange Commission (‘SEC’) has determined that a number of token types constitute securities under US law, with potentially far-reaching consequences for initiators in terms of liability. Under EU law, explicit regulatory or court guidance is lacking at the moment. Against this background, this chapter develops a taxonomy of tokens by differentiating between investment, utility, and currency tokens. It shows that only investment tokens typically qualify as securities under EU law. Currency tokens are exempted because of their proximity to payment services regulation; and utility tokens will, for the most part, fall under EU consumer law, not securities regulation. These results derive from a functional analysis of EU securities regulation and arguably amount to a comparative advantage of EU law vis-à-vis US law in terms of the regulatory burden for token developers.

Part VII International Securities, Including Markets and Clearing Systems, 22 US Equity Market Structure

2021 ◽  
Author(s):  
Pittman Edward L ◽  
Kramer Howard L
Keyword(s):  
Equity Markets ◽  
Securities And Exchange Commission ◽  
Securities Regulation ◽  
Bank Failures ◽  
Market Participants ◽  
Us Congress ◽  
Securities Exchanges ◽  
The Us ◽  
Day To Day Operations ◽  
Over Time

This chapter provides an overview of the laws applicable to the markets and regulated market participants in the US. It recounts how US securities markets have evolved significantly over time due to advancements in technology and intervening efforts by lawmakers and securities regulators. It also notes the current US system of securities regulation, which was formulated in the early 1930s by the US Congress in an attempt to restore confidence in the financial system following a market collapse, bank failures, and widespread scandals. This chapter looks at the laws that directly affect the day—to—day operations of securities exchanges and equity markets in the US and are enforced by the US Securities and Exchange Commission (SEC). It also mentions the Securities Exchange Act of 1934 (Exchange Act) as the principal law that governs the US equity markets.

SEC focuses on initial coin offerings: tokens may be securities under federal securities laws

2018 ◽  
Vol 19 (1) ◽  
pp. 10-14
Author(s):  
Jeremy I. Senderowicz ◽  
K. Susan Grafton ◽  
Timothy Spangler ◽  
Kristopher D. Brown ◽  
Andrew J. Schaffer
Keyword(s):  
Financial Services ◽  
Design Methodology ◽  
Securities And Exchange Commission ◽  
Content Type ◽  
The Us ◽  
Recent Developments ◽  
Securities Laws ◽  
Initial Coin Offerings

Purpose To explain the recent determination by the US Securities and Exchange Commission (SEC) with respect to so-called “token sales” or “initial coin offerings” (ICOs) that some tokens may be securities under federal securities laws and to address other recent actions by the SEC with respect to ICOs. Design/methodology/approach Reviews the SEC’s determination that some tokens issued in an ICO may be securities under federal securities laws as outlined by the SEC’s Division of Enforcement in a “Report of Investigation Pursuant to Section 21(a) of the Securities Exchange Act of 1934: The DAO.” Provides overview of SEC Investor Alert, Investor Bulletin, and recent comments and actions of the Staff regarding investment in ICOs and provides guidance to those interested in participating in an ICO as an investor or issuer. Findings These actions by the SEC make it clear that the SEC is closely monitoring the market for ICOs, and that it wants potential investors and issuers to be aware that it is watching and may take action if it believes the securities laws have been violated. Originality/value Practical overview of recent developments and guidance from experienced securities and financial services lawyers.

scholarly journals The transition from memory retrieval to extinction

2004 ◽  
Vol 76 (3) ◽  
pp. 573-582 ◽  
Author(s):  
Martín Cammarota ◽  
Daniela M. Barros ◽  
Mónica R.M. Vianna ◽  
Lia R.M. Bevilaqua ◽  
Adriana Coitinho ◽  
...  
Keyword(s):  
Basolateral Amygdala ◽  
Conditioned Fear ◽  
Test Session ◽  
Protein Synthesis Inhibitors ◽  
Molecular Systems ◽  
Safe Area ◽  
The Us ◽  
New Learning ◽  
The Moment ◽  
Training Apparatus

Memory is measured by measuring retrieval. Retrieval is often triggered by the conditioned stimulus (CS); however, as known since Pavlov, presentation of the CS alone generates extinction. One-trial avoidance (IA) is a much used conditioned fear paradigm in which the CS is the safe part of a training apparatus, the unconditioned stimulus (US) is a footshock and the conditioned response is to stay in the safe area. In IA, retrieval is measured without the US, as latency to step-down from the safe area (i.e., a platform). Extinction is installed at the moment of the first unreinforced test session, as clearly shown by the fact that many drugs, including PKA, ERK and protein synthesis inhibitors as well as NMDA receptor antagonists, hinder extinction when infused into the hippocampus or the basolateral amygdala at the moment of the first test session but not later. Some, but not all the molecular systems required for extinction are also activated by retrieval, further endorsing the hypothesis that although retrieval is behaviorally and biochemically necessary for the generation of extinction, this last process constitutes a new learning secondary to the unreinforced expression of the original trace.

Accounting Standards and Earnings Quality — Evidence from Registered ADRs

2018 ◽  
Vol 21 (04) ◽  
pp. 1850022
Author(s):  
Yaseen S. Alhaj-Yaseen ◽  
Kean Wu ◽  
Leslie B. Fletcher
Keyword(s):  
Financial Reporting ◽  
Earnings Quality ◽  
Accounting Standards ◽  
Securities And Exchange Commission ◽  
High Quality ◽  
Reporting Standard ◽  
International Financial Reporting Standard ◽  
The Us ◽  
Us Gaap

This paper examines the changes in earnings quality of registered American Depositary Receipts (ADRs) as a result of switching accounting standards. We aim to shed light on the potential impact of International Financial Reporting Standard (IFRS) adoption on US firms. A suboptimal approach to achieve this goal is through examination of US firms’ surrogates such as ADRs. Unlike previous studies, we made a distinction between registered and unregistered ADRs and affirmed that registered ADRs are the closest surrogates with which to conduct our analysis because they are exclusively required to adhere to the Securities and Exchange Commission (SEC)’s stringent disclosure requirements. When cross-listing their equity on the US exchanges, foreign issuers can file their financial reports with the SEC using IFRS, US GAAP (generally accepted accounting principles), or their domestic GAAP with reconciliation to US GAAP. An improvement in earnings quality is documented when ADRs adopt US GAAP or IFRS versus domestic GAAP. However, when the comparison is made between US GAAP and IFRS, no difference in earnings quality is documented. These results indicate that switching to high-quality accounting standards is likely to improve earnings quality. This improvement is maximized when the difference between reporting standards is high and minimized if otherwise. Our conclusion is that the adoption of IFRS in the US is unlikely to change earnings quality of local issuers. Moreover, we drew a distinction between reconciliation with and adoption of high-quality accountings standards and find that while the former can enhance earnings quality, the latter can further improve it.

scholarly journals DAYA SAING EKSPOR TEKSTIL DAN PRODUK TEKSTIL INDONESIA DAN VIETNAM KE AMERIKA SERIKAT DAN REPUBLIK RAKYAT TIONGKOK

2018 ◽  
Vol 12 (2) ◽  
pp. 205-234
Author(s):  
. Ragimun
Keyword(s):  
Exchange Rates ◽  
Market Share ◽  
Comparative Advantage ◽  
Real Exchange Rates ◽  
Fixed Effect Model ◽  
Fixed Effect ◽  
Effect Model ◽  
The Us ◽  
Constant Market Share Analysis ◽  
Constant Market Share

AbstrakTekstil dan Produk Tekstil (TPT) adalah produk ekspor utama Indonesia dan Vietnam. Penelitian ini  bertujuan menganalisis daya saing ekspor TPT Indonesia dan Vietnam di pasar AS dan RRT. Metode yang digunakan adalah Constant Market Share Analysis (CMSA), Revealed Comparative Advantage (RCA), dan Model Ekonometrika (Fixed Effect Model). Hasil penelitian menunjukkan bahwa produk TPT Indonesia dan Vietnam tidak mempunyai daya saing kuat di pasar RRT, tetapi keduanya memiliki daya saing kuat di pasar AS. Pengembangan ekspor TPT Vietnam lebih terkonsentrasi di pasar RRT, sedangkan Indonesia lebih terkonsentrasi di pasar AS. TPT Indonesia mampu beradaptasi di pasar RRT dan AS, sedangkan TPT Vietnam hanya mampu beradaptasi di pasar RRT. Daya saing TPT Indonesia dan Vietnam di pasar AS dan RRT sangat dipengaruhi oleh Penanaman Modal Asing (PMA) manufaktur negara asal. Daya saing TPT Indonesia sangat dipengaruhi Produk Domestik Bruto (PDB) negara tujuan, sedangkan Vietnam sangat dipengaruhi oleh faktor nilai tukar riil, tarif, PDB negara tujuan dan PMA manufaktur Vietnam. Untuk meningkatkan daya saing ekspor TPT, Indonesia perlu memperhatikan PMA manufaktur negara asal dan PDB negara tujuan. AbstractTextile and Textile Product (TPT) are the main export products of Indonesia and Vietnam. This study examined the competitiveness of Indonesian and Vietnamese TPT in the US and PRC markets by using the CMSA, RCA methods and the Fixed Effect Model. The result showed TPT products from Indonesia and Vietnam do not have strong competitiveness in the PRC market, but they are highly competitive in the US market. The TPT export from Vietnam is mostly concentrated in the PRC market, while TPT from Indonesia was in the US market. Indonesian TPT is able to adapt in both PRC and US markets, while the Vietnamese TPT is only able to adapt in the PRC market. The competitiveness of Indonesian and Vietnamese TPT in the US and PRC markets is strongly influenced by the home country's FDI manufacturing. Indonesia's TPT competitiveness is strongly influenced by the GDP of the destination country, while Vietnam is strongly influenced by the factors of real exchange rates, tarrif, GDP of destination countries and Vietnam's FDI manufacturing. To improve the competitiveness of TPT export, Indonesia needs to give a great concern toward FDI manufacture and GDP of US and PRC.

scholarly journals Comparative-Legal Analysis of Alternative Tax Dispute Resolution: the Practice of the Russian Federation, the United States, the Netherlands and Germany

2017 ◽  
pp. 58-64
Author(s):  
Елена Цветкова ◽  
Elena Tsvetkova
Keyword(s):  
United States ◽  
The Netherlands ◽  
Dispute Resolution ◽  
The United States ◽  
Alternative Methods ◽  
Main Trend ◽  
Legal Analysis ◽  
Tax Rate ◽  
The Us ◽  
The Moment

The main trend of recent years is the complication of tax administration. In order to improve it states develop forms of work with taxpayers, including alternative tax dispute resolution. The author analyses alternative tax dispute resolution that have already developed in Russia and compares them with similar procedures in the United States, the Netherlands and Germany. To the alternative methods that are applied in Russia the author refers tax monitoring and agreement on the settlement of a tax dispute. Tax monitoring is not seen as a form of tax control, but as a mean of resolving and preventing the occurrence of a tax dispute. The conclusion of an agreement between a tax authority and a taxpayer on the settlement of a dispute in court is possible by reaching a compromise on the qualification of relations, on actual circumstances, on the interpretation of the tax rate. The article contains examples of programs that exist in the US and Germany in the sphere of tax dispute resolution. Also issues related to the implementation of the mediation procedure existing in the United States, the Netherlands and Germany and the possibility of their application in Russia are considered. The author emphasizes the impossibility of applying the procedure of mediation in tax disputes in Russia at the moment due to the lack of legislative regulation.

Strategic Experts and Improvising Regulators: Explaining the IASC's Rise to Global Influence, 1973–2001

2005 ◽  
Vol 7 (3) ◽  
pp. 1-26 ◽  
Author(s):  
Leonardo Martinez-Diaz
Keyword(s):  
Developing Countries ◽  
International Organizations ◽  
Accounting Standards ◽  
Core Values ◽  
Securities And Exchange Commission ◽  
International Accounting Standards ◽  
Technical Expertise ◽  
Accounting Standard ◽  
The Us ◽  
Global Influence

This article traces the ascent of the International Accounting Standards Committee (IASC) from an obscure group with little influence in the early 1970s to a pre-eminent position as global accounting standard-setter in 2001. I argue that the rise of the IASC can be explained by several factors, including the IASC's ability to build legitimacy through technical expertise, to embed itself in a network of international organizations, and to benefit from rivalries among developed and developing countries and among European and American regulators. But the most important reason for the IASC's success is that its core values aligned strongly with the interests of the most powerful regulator-the US Securities and Exchange Commission.

Private and Public Enforcement of Securities Regulation

2015 ◽  
Author(s):  
Howell E. Jackson ◽  
Jeffery Y. Zhang
Keyword(s):  
Financial Stability ◽  
Regulatory Reform ◽  
Banking Regulation ◽  
Securities Regulation ◽  
Public Enforcement ◽  
Valuation Effects ◽  
Cross Listing ◽  
The Us ◽  
Private And Public ◽  
The Impact

This chapter examines the impact of private and public enforcement of securities regulation on the development of capital markets. After a review of the literature, it considers empirical findings related to private and public enforcement as measured by formal indices and resources, with particular emphasis on the link between enforcement intensity and technical measures of financial market performance. It then analyses the impact of cross-border flows of capital, valuation effects, and cross-listing decisions by corporate issuers before turning to a discussion of whether countries that dedicate more resources to regulatory reform behave differently in some areas of market activities. It also explores the enforcement of banking regulation and its relationship to financial stability and concludes by focusing on direct and indirect, resource-based evidence on the efficacy of the US Securities and Exchange Commission’s enforcement actions.

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