Cross-border regulation and fintech: are transnational cooperation agreements the right way to go?

2019 ◽  
Vol 24 (2) ◽  
pp. 367-395
Author(s):  
Petja Ivanova
Keyword(s):  
At Risk ◽  
Financial Markets ◽  
Financial Stability ◽  
Financial Regulation ◽  
Financial Sector ◽  
Cross Border ◽  
Transnational Cooperation ◽  
Regulatory Instruments ◽  
The Right ◽  
Financial Technology

Abstract In light of inevitable cross-border scenarios in today’s highly interconnected financial markets and since financial stability may be put at risk by the rising phenomenon of financial technology (known as fintech), the importance of developing effective ways to regulate fintech across borders cannot be neglected. The financial sector has changed from a traditional one marked by conventional financial intermediation structures towards an increasingly technology-affected one. Not only this change but anticipated developments too require if not extensively reconsidering the design of financial regulation,1 then at least not turning a blind eye to shaping developments. Whether the numerous recently sprouting bilateral fintech cooperation agreements are adequate transnational regulatory instruments to address fintech effectively across borders is for this paper to elucidate.

scholarly journals Moore's Law versus Murphy's Law: Algorithmic Trading and Its Discontents

2013 ◽  
Vol 27 (2) ◽  
pp. 51-72 ◽  
Author(s):  
Andrei A Kirilenko ◽  
Andrew W Lo
Keyword(s):  
Financial Markets ◽  
Financial Stability ◽  
Financial Regulation ◽  
Economic Incentives ◽  
Unintended Consequences ◽  
Algorithmic Trading ◽  
Market Participants ◽  
Financial Regulatory ◽  
Financial Technology ◽  
Key Innovations

Financial markets have undergone a remarkable transformation over the past two decades due to advances in technology. These advances include faster and cheaper computers, greater connectivity among market participants, and perhaps most important of all, more sophisticated trading algorithms. The benefits of such financial technology are evident: lower transactions costs, faster executions, and greater volume of trades. However, like any technology, trading technology has unintended consequences. In this paper, we review key innovations in trading technology starting with portfolio optimization in the 1950s and ending with high-frequency trading in the late 2000s, as well as opportunities, challenges, and economic incentives that accompanied these developments. We also discuss potential threats to financial stability created or facilitated by algorithmic trading and propose “Financial Regulation 2.0,” a set of design principles for bringing the current financial regulatory framework into the Digital Age.

Transparency Regulation in Financial Markets – Moving into the Surveillance Age?

2011 ◽  
Vol 2 (3) ◽  
pp. 305-321
Author(s):  
Iris H-Y Chiu
Keyword(s):  
Financial Crisis ◽  
Financial Markets ◽  
Financial Regulation ◽  
Global Financial Crisis ◽  
Financial Sector ◽  
Regulatory Control ◽  
Legal Reforms ◽  
The Global Financial Crisis ◽  
Risk Oversight

In the wake of the global financial crisis, the trajectory of legal reforms is likely to turn towards more transparency regulation. This article argues that transparency regulation will take on a new role of surveillance as intelligence and data mining expand in the wholesale financial sector, supporting the creation of designated systemic risk oversight regulators.The role of market discipline, which has been acknowledged to be weak leading up to the financial crisis, is likely to be eclipsed by a more technocratic governance in the financial sector. In this article, however, concerns are raised about the expansion of technocratic surveillance and whether financial sector participants would internalise the discipline of regulatory control. Certain endemic features of the financial sector will pose challenges for financial regulation even in the surveillance age.

EU Law (MiFID II) and effective regulation: a step towards financial stability?

2019 ◽  
Vol 26 (6) ◽  
pp. 833-848
Author(s):  
Mariia Domina Repiquet
Keyword(s):  
Financial Markets ◽  
Financial Stability ◽  
Financial Regulation ◽  
Duty Of Care ◽  
Eu Law ◽  
Systemic Risks ◽  
Two Sides ◽  
The Eu

This article examines to what extent EU law is effective in preserving global financial stability and, therefore, preventing financial crisis. A difference between macro- and micro-approaches to financial regulation is explained. Whilst the former is concerned with the minimization of systemic risks and maintaining of the financial stability, the latter is focused on the effective regulation of all financial markets’ players, whatever the size of their portfolios. These approaches are the two sides of the same coin, that is limiting the possibility that future financial crises will occur. This paper argues that the effective regulation of investment firms, especially their duty of care, helps to preserve overall financial stability. The choice of the MiFID II as a case study is explained by its appreciation as one of the biggest achievements of EU policymakers in the context of financial law so far. How does a duty to ‘know your customer’ affect global financial stability within the EU? What is the role of soft law in preserving the financial system? These are the questions that this paper seeks to answer.

scholarly journals Financial Stability: Risks, Resilience, and Policy

2020 ◽  
pp. 1-4
Author(s):  
Joseph G. Haubrich
Keyword(s):  
Financial Crisis ◽  
Financial Markets ◽  
Financial Stability ◽  
Financial System ◽  
Financial Sector ◽  
Markets And Institutions ◽  
Recent Conference ◽  
The Stability

As the COVID-19 pandemic and its economic fallout continue, policymakers keep a watchful eye on the stability of the financial system. Having learned many lessons from the financial crisis of 2007–2009, they may again turn to that crisis for insights into potential vulnerabilities emerging in the financial sector and ways to make financial markets and institutions more resilient to shocks. At a recent conference on financial stability, 12 papers and two keynotes explored this ground. This Commentary summarizes the papers’ findings and the keynotes.

Part V New Financial Technology in Financial Markets and Infrastructure, 15 Impact on Regulation of Financial Markets

2021 ◽  
Author(s):  
Treleaven Philip ◽  
Sfeir-Tait Sally
Keyword(s):  
Financial Markets ◽  
Financial Services ◽  
Stock Markets ◽  
Financial Stability ◽  
New Economy ◽  
Financial Services Regulation ◽  
Regulation Of Financial Markets ◽  
The Impact ◽  
Financial Technology

This chapter considers the impact of fintech and regtech from a macro perspective. It demonstrates the depth of the changes and importance to consider in all the elements that are converging to create a new reality and a new economy. It also adopts the meaning of the term “fintech” as published by the Bank of International Settlements and the Financial Stability Board, which means “technology—enabled innovation in financial services”. This chapter describes the impact of fintech on financial services regulation. It provides a macro analysis on fintech solutions that are tested or implemented in financial services as they are directly applicable to stock markets and exchanges.

Specifics of Interrelations between the Russian and European Financial Markets

2019 ◽  
Vol 12 (3) ◽  
pp. 134-143
Author(s):  
E. A. Zvonova
Keyword(s):  
Financial Markets ◽  
Financial Market ◽  
Financial Regulation ◽  
Financial System ◽  
Reference Structure ◽  
The European Union ◽  
Developed Economies ◽  
Cross Border ◽  
Russian Economy ◽  
The Subject

The subject of the research is the state of interrelationship between the Russian and European financial markets in the context of the economic and financial sanctions imposed on Russia by the European Union. The relevance of the research stems from the strategic goal set by the President of the Russian Federation — to ensure the “breakthrough” of the Russian economy in order to enter the top five world’s developed economies by 2024–2025.The purpose of the paper was to develop a roadmap for the implementation of the mobilization model of cross-border flows of the Russian capital in the context of modern transformations of the global monetary and financial system. Based on the revealed and analyzed mainstream trends in the interaction of the Russian and European financial markets, a mobilization model of cross-border flows of the Russian capital under the modern conditions has been developed. The asymmetry in mutual exchanges between the Russian and European financial markets is revealed and the risks of all identified forms of asymmetry are defined. The reference structure of foreign assets of the Russian financial market is determined, priority directions for the correction of the structure of external assets and liabilities have been established, and the institutional structure of the monetary and financial regulation of the Russian financial market are specified.It is concluded that based on the roadmap for the model of cross-border flows of the Russian capital under conditions of modern transformations of the global monetary and financial system developed for the period 2019–2025, the Russian financial market is expected to be fairly stable over the next three years, which should be taken into account by the Bank of Russia in making decisions on the monetary policy and accumulation of international currency reserves.

Legal Fragmentation, Extraterritoriality and Uncertainty in Global Financial Regulation

2016 ◽  
Vol 37 (2) ◽  
pp. 406-434 ◽  
Author(s):  
Matthias Lehmann
Keyword(s):  
Financial Stability ◽  
Financial Regulation ◽  
Regulatory Competition ◽  
Collaborative Approach ◽  
Global Regulation ◽  
Information Base ◽  
The Right ◽  
Current Mechanism

Abstract This article explores the reasons for legal fragmentation and extraterritoriality in the global regulation of finance. It shows that duplicative and overreaching rules are not necessarily the result of regulatory competition in which egoistic states undercut the rules of others in order to improve their position. An equally pivotal problem that global financial regulation has to cope with is uncertainty. Such uncertainty exists with regard to the right measures for achieving financial stability and with regard to the willingness and ability of other states to adopt them. The article analyses approaches to overcoming legal fragmentation while maintaining global financial stability. It suggests that there is no alternative to a collaborative approach, using intensified regulatory dialogue, a broadening of the information base and deference to other states’ rules. In order to improve the current mechanism, it proposes the introduction of multinational panels to assess whether regulatory and supervisory set-ups of two or more states lead to comparable outcomes, in which case they must be recognised as being ‘equivalent’ or ‘substituted compliant’.

scholarly journals Financial Markets: From the “Tragedy of Commons” to Balanced Regulation

2020 ◽  
Vol 15 (2) ◽  
pp. 173-190
Author(s):  
Anastasia Podrugina ◽  
◽  
Anton Tabakh ◽  
Keyword(s):  
Financial Markets ◽  
Financial Stability ◽  
Banking Sector ◽  
Financial Regulation ◽  
Financial System ◽  
Political Influence ◽  
Regulation System ◽  
Shadow Banking ◽  
Financial Industry ◽  
Tax Legislation

Nowadays the global financial system faces a triple challenge: the threat of a new systemic financial crisis at both global and regional levels; difficulties of constant adaptation of existing financial business and regulatory practices to intensive technological innovations; direct and hidden consequences of excessive political influence on the financial system through sanctions and selectively applied practices for sanction purposes. Improving the quality of financial regulation will require deeper cooperation between regulators of leading economies and a proactive position of the financial industry, as well as the decentralization of financial regulation. However, it is unlikely that this will happen at the global level. Financial stability became a key goal of global financial regulation in the post-crisis period. We consider financial stability as the «tragedy of commons». The article describes the main trends of financial markets regulation after the crisis: transformation of global financial architecture, anti-money laundering and counter-terrorism financing practices (AML/ CT), financial sanctions. The article analyzes the existing failures of modern post-crisis financial regulation: credit crunch, reduction in the effectiveness of monetary policy, regulatory arbitrage, and increased compliance costs (AML/CT legislation, tax legislation, and the sanctions regime). In the future we expect simultaneous trends of harmonization and standardization of requirements in traditional sectors of financial markets (including traditional institutions of the shadow banking sector), but at the same time regulatory arbitrage1 will induce new financial technologies in order to reduce regulatory costs. The crisis triggered by the coronavirus pandemic in 2020 despite its non-financial nature will almost inevitably have a major impact on financial markets and their regulation. Possible steps to eliminate failures in the financial regulation system are proposed, including recommendations for international organizations.

scholarly journals Some Thoughts on Innovation and Regulation of Financial Technology

2021 ◽  
Vol 13 ◽  
pp. 127-132
Author(s):  
Zhuoying Li
Keyword(s):  
Artificial Intelligence ◽  
Financial Markets ◽  
Information Technologies ◽  
Financial Regulation ◽  
Technology Development ◽  
Regulatory Agencies ◽  
Financial Risks ◽  
Innovative Development ◽  
Financial Industry ◽  
Financial Technology

The recent years witness innovative development of financial industry, which attributes to fast progress and in-depth application of information technologies such as big data, artificial intelligence, and blockchain. But, at the same time, they bring challenges to financial regulation and accelerate rise of regulatory technology. Based on challenges to regulatory agencies brought by financial technology development, this study proposes suggestions for the coordinated relationship between financial innovation and financial technology regulation from the perspective of technology empowerment, in order to improve efficiency of financial markets, and reach a balance between financial technology and prevention of systemic financial risks.

scholarly journals Toward a Central Bank Collateral Framework for ABMI

2021 ◽  
Vol 5 (2) ◽  
pp. p23
Author(s):  
Gongpil Choi
Keyword(s):  
Risk Management ◽  
Financial Crisis ◽  
Central Bank ◽  
Financial Markets ◽  
Financial Stability ◽  
Global Financial Crisis ◽  
Central Banks ◽  
Cross Border ◽  
Market Needs

The post-global financial crisis highlighted the importance of engaging in collateralized securities financing to meet the ever-increasing market needs for liquidity and risk management. Given the heavy reliance on volatile Eurodollar system and the fragmented governance and limited cross-border usability of the collateral among ASEAN+3 countries, it is important to relax prevailing constraints on collateral and mobilize cross-border transactions. To address the imperatives for securing collateral-based cross-border financial markets in the region, Asia needs the initiatives of central banks to develop a regional collateral framework for better financial plumbing. By collaborating on common grounds for cross-border collateral utilization, some of the prevailing constraints on collateral use can be relaxed. The inclusive collateral framework that incorporates CBCA (Central Bank Collateral Arrangement) would provide strong initial market support for the ABMI, thus help achieve sustainable financial stability.

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