Implications of online funding regulations for small businesses

2014 ◽  
Vol 22 (4) ◽  
pp. 349-364 ◽  
Author(s):  
Peter Yeoh
Keyword(s):  
Small Businesses ◽  
Global Financial Crisis ◽  
Secondary Data ◽  
Added Value ◽  
Primary Data ◽  
Content Type ◽  
Investment Opportunities ◽  
The Usa ◽  
Small Investors ◽  
The Uk

Purpose – This paper aims to examine the implications of exemptions to facilitate small businesses’ access to crowdfunding (CF) schemes. The aftermath of the 2008 global financial crisis and even now witnessed many small profits and non-profits encountering significant difficulties in accessing funding from the conventional sources and on many occasions have to turn to the newly emerging Internet-enabled donation or product compensation CF schemes. Access to securities-based CF schemes has, however, been seriously difficult due to securities laws obstacles. Regulatory authorities in the USA and the UK have responded with exemptions to facilitate small businesses’ access to CF. Design/methodology/approach – The paper driven by the qualitative doctrinal approach would rely extensively on primary data from the applicable regulations and secondary data from industry sources and other publicly available commentaries. Findings – Securities-based CF schemes hitherto heavily restricted in the USA and the UK are under current regulatory interventions-accorded exemption status, thereby enabling enhanced access for those small businesses seeking alternatives to conventional financing and enhanced investment opportunities for small investors. The paper’s preliminary analysis suggests that the proposed new regulatory rules in the USA and the UK are generally well-balanced with adequate small investors’ protection, while simultaneously not hampering the innovative growth of small businesses with excessive restrictions. Further, the preparedness of the regulators to fine-tune the proposed rules as the CF industry evolves would likely ensure its orderly growth, thereby helping to address various humanitarian and social challenges in these jurisdictions. Originality/value – The added value of the analysis lies in its substantive evaluation of the proposed rules in both jurisdictions to ascertain the feasibility of securities-based CF schemes as alternatives for small businesses in relation to traditional financing and enhanced investment opportunities for small unsophisticated investors.

Customer due diligence (CDD) mandate and the propensity of its application as a global AML paradigm

2014 ◽  
Vol 17 (1) ◽  
pp. 76-95 ◽  
Author(s):  
Norman Mugarura
Keyword(s):  
Money Laundering ◽  
Web Sites ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Content Type ◽  
Regulatory Domains ◽  
The Usa ◽  
Secondary Data Sources ◽  
The Uk

Purpose – It has become customary for states or regulatory domains to come together and evolve normative regimes to deal with overlapping exigencies such as money laundering. Over the past two decades, there has been a proliferation of global AML laws designed to foster international cooperation against money laundering and its predicate crimes. In this same vein, some states have adopted domestic AML laws designed with an ethos of extra-territorial dimension as a caution against the threats posed by money laundering crimes. The paper aims to critically examine CDD to tease out the possibility of harnessing it as a global AML paradigm. Design/methodology/approach – The paper was written by critically examining primary and secondary data sources. In terms of primary data, the author has studied the relevant provision of different AML legislation such as BSA (1970), MLCA (1986), and PATRIOT (2001) Act in the USA; and FSMA (2000) and POCA (2002) in the UK. The author then evaluated these data in the context of the challenges of harnessing CDD across countries. In terms of secondary data sources, the author utilised data in academic text books, journal papers, electronic sources (web sites of AML agencies), and policy and research papers from specialist institutions such as FATF. Findings – The findings corroborate the thesis that much as CDD is an important AML measure, it needs to be streamlined and implemented with care to apply across the board. Research limitations/implications – The paper was written largely by way of library-based research. The author did not carry out interviews to corroborate some of the secondary data sources used in writing it. Carrying out interviews would have helped to minimise the potential for bias secondary data sources used was generated. Practical implications – It is anticipated that this paper can be utilised to foster desired strategic and policy changes at a multiple institutional levels. Originality/value – The paper is one of its kind to be written in its context. It will therefore make a viable contribution to the study of money counter-measures and how they are harnessed globally. It is therefore a must read!

scholarly journals Legal challenges for the cannabis industry

2020 ◽  
Vol 23 (2) ◽  
pp. 327-340
Author(s):  
Peter Yeoh
Keyword(s):  
Secondary Data ◽  
Primary Data ◽  
International Treaties ◽  
Federal Law ◽  
Content Type ◽  
The Status ◽  
Health Related ◽  
The Usa ◽  
The Uk ◽  
Recreational Use

Purpose The purpose of this paper to examine laws and regulations applicable to cannabis in the USA and the UK, including legal reforms and international treaty obligations. Design/methodology/approach This study relies on primary data from statutes and secondary data from online and offline resources, including relevant case studies. Findings Federal laws in the USA and existing UK cannabis legal regime generally prohibit recreational use of cannabis. Increasingly, various individual states in the USA have enabled the use of cannabis health-related uses, thereby challenging the status of the UN treaties on drug enforcement. As the USA struggles to reconcile the conflicts between federal law on cannabis and individual states within its borders, much of the rest of the world, including the UK, are struggling with how best to reconcile their domestic positions with their UN treaty obligations. Social implications Recent disclosures of past recreational use of prohibited drugs by several candidates vying to be the UK Prime Minister suggests why understanding the laws governing the use of cannabis is useful and relevant to the general public. Originality/value This paper provides a general but integrated review of national laws in the USA and the UK, as well as international treaties governing the use of cannabis.

Impacts of electronic monitoring on the community life: blessing or disguise?

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Katarína Vitálišová ◽  
Kamila Borseková ◽  
Anna Vanˇová ◽  
Samuel Koróny
Keyword(s):  
Local Community ◽  
Electronic Monitoring ◽  
Slovak Republic ◽  
Secondary Data ◽  
Primary Data ◽  
Original Research ◽  
Community Life ◽  
Content Type ◽  
Depth Analysis ◽  
The Usa

Purpose The purpose of this paper is to identify and evaluate critically the impacts associated with the implementation of electronic monitoring (EM) of accused and convicted persons on society based on the foreign experience and compare these findings with the original research results on EM in the Slovak Republic. Design/methodology/approach This paper elaborates the secondary data of previous researches in Scotland, Sweden and Florida in the USA. Secondary research is based on in-depth analysis of articles, reports and studies searched via database of Google, Scopus and Science Direct. Based on the studies processed by a causal and qualitative analysis, the authors identify the benefits and risks of EM influencing community life in Europe and the USA. The additional sources of secondary data are the Statistical Yearbook of Ministry of Justice of Slovak Republic, the content of the original law (including relevant amendments) that introduced EM into the Slovak criminal justice system and data on the application of EM in Slovakia provided by the Ministry of Justice. Subsequently, this paper presents the original research findings about the EM implementation in the Slovak Republic. The primary data were conducted via interviews with the representatives of Ministry of Justice, and through the national survey of opinions of judges, probation and mediation officers. The authors used the descriptive statistics and the statistical deduction methods. Findings The key finding of the paper is that there is a very narrow border between EM as blessing and disguise for community involved. Setting proper measures to protect the community, targeted communication and support with attendance of professionals (e.g. mediator and psychologist) for community members might help to avoid possible risks and support the benefits related with EM implementation, namely, social and economic inclusion of offenders, maintaining family and community tights, reducing recidivism or protection of sensitive sites. Practical implications To support the acceptation of EM by local community, the authors recommend to perceive sensitively community involvement and consider potential risks related with EM implementation; to suggest the proper measures to protect the community; and to develop better or targeted communication oriented towards increasing awareness or establishment supporting groups with attendance of professionals (e.g. mediator and psychologist) that might help to avoid possible risks and support the benefits related with EM implementation. Originality/value This paper compares experience with EM based on the secondary data of previous researches in Scotland, Sweden and Florida in the USA. Subsequently, it presents the unique data about the implementation of EM in the Slovak Republic. The topic of EM is still vastly underrated in the literature, and there is a lack of empirical data, so this paper as a combination of case studies and original research could be very helpful in the efficient implementation of EM and setting the proper measures.

A systematic review of Lean in healthcare: a global prospective

2019 ◽  
Vol 36 (8) ◽  
pp. 1370-1391 ◽  
Author(s):  
Jiju Antony ◽  
Vijaya Sunder M. ◽  
Raja Sreedharan ◽  
Ayon Chakraborty ◽  
Angappa Gunasekaran
Keyword(s):  
Systematic Review ◽  
Manufacturing Sector ◽  
Secondary Data ◽  
Healthcare Sector ◽  
Future Research ◽  
Motivating Factors ◽  
Healthcare Organizations ◽  
Content Type ◽  
The Usa ◽  
The Uk

Purpose Fostered by a rapid spread beyond the manufacturing sector, Lean philosophy for continuous improvement has been widely used in service organizations, primarily in the healthcare sector. However, there is a limited research on the motivating factors, challenges and benefits of implementing Lean in healthcare. Taking this as a valuable opportunity, the purpose of this paper is to present the key motivating factors, limitations or challenges of Lean deployment, benefits of Lean in healthcare and key gaps in the literature as an agenda for future research. Design/methodology/approach The authors used the secondary data from the literature (peer-reviewed journal articles) published between 2000 and 2016 to understand the state of the art. The systematic review identified 101 articles across 88 journals recognized by the Association of Business Schools ranking guide 2015. Findings The systematic review helped the authors to identify the evolution, current trends, research gaps and an agenda for future research for Lean in healthcare. A bouquet of motivating factors, challenges/limitations and benefits of Lean in healthcare are presented. Practical implications The implications of this work include directions for managers and healthcare professionals in healthcare organizations to embark on a focused Lean journey aligned with the strategic objectives. This work could serve as a valuable resource to both practitioners and researchers for learning, investigating and rightly adapting the Lean in the healthcare sector. Originality/value This study is perhaps one of the comprehensive systematic literature reviews covering an important agenda of Lean in Healthcare. All the text, figures and tables featured here are original work carried by five authors in collaboration (from three countries, namely, India, the USA and the UK).

Artificial intelligence: accelerator or panacea for financial crime?

2019 ◽  
Vol 26 (2) ◽  
pp. 634-646 ◽  
Author(s):  
Peter Yeoh
Keyword(s):  
Artificial Intelligence ◽  
Secondary Data ◽  
Financial Crime ◽  
Public And Private ◽  
Content Type ◽  
Competitive Edge ◽  
Business Cases ◽  
The Usa ◽  
The Uk ◽  
Administrative Sanctions

PurposeThis purpose of this viewpoint is to address the intended good and unintended bad impacts of artificial intelligence (AI) applications in financial crime.Design/methodology/approachThe paper relied primarily on secondary data resources, business cases and relevant laws and regulations, and it used a legal-economics perspective.FindingsCurrent AI systems could function as antidotes or accelerator of financial crime, in particular cybercrime. Research suggests criminal law could be applied via three approaches to curb these cybercrimes. However, others considered this to be an inappropriate mechanism to hold AI agents accountable, as present AI systems were not deemed capable of making ethically informed choices. Instead, administrative sanctions would be considered more appropriate for now. While keeping vigilance against AI malicious acts, regulatory authorities in the USA and the UK have opted largely for the innovation-friendly, market-oriented, permissionless approach over the state-interventionist stance so as to maintain their global competitive edge in this domain.Originality/valueThe paper reinforced the growing arguments that AI applications should be deployed more as panacea for financial crimes rather than being abused as crime accelerators. There equally though is the need for both public and private sectors to be mindful of the unintended negative, harmful consequences to society, especially those connected to cybercrime. This implied the further need to beef up attention and resources to help mitigate these risks.

Wine tourism signage programs in the USA

2017 ◽  
Vol 29 (4) ◽  
pp. 457-483
Author(s):  
Erick T. Byrd ◽  
Joyendu Bhadury ◽  
Samuel P. Troy
Keyword(s):  
Best Practices ◽  
Secondary Data ◽  
Tourism Industry ◽  
Wine Industry ◽  
Primary Data ◽  
Regulatory Environment ◽  
Content Type ◽  
Wine Tourism ◽  
The Usa ◽  
Practical Implications

Purpose Highway signage programs are important to the success of winery tourism industry. The purpose of this paper is to investigate the regulatory environment US wineries operate under in regards to highway signage programs. The goal then is to compare wine tourism-related highway signage programs in the USA and identify best practices for the programs. Design/methodology/approach Twenty-six programs from 13 US states are included in this study. Research collected both primary data (through interviews with 30 officials and representatives) and secondary data (from websites, government publications) to identify the costs, regulations and rules of each program. Findings A review of these programs shows that while there are many common elements in these programs, all are managed differently, have different operational and facility requirements for participation and vary in cost. Practical implications Highway signage programs related to winery tourism are best administered by a single state-wide governmental agency or foundations/trusts. Second, highway signage program should link with a separate certification program for the wineries which guarantees a certain minimum amount of local content. Winery owners and officials interviewed also emphasized the need for synergy among neighboring wineries to facilitate winery tourism. Originality/value Limited research has been conducted about the regulatory environment of signage programs that are specific to the wine industry in the USA. This study begins to address this gap in the literature by presenting an overview and best practices of 26 wine tourism-related highway signage programs from 13 different states across the USA.

The use of anti-money laundering tools to regulate Ponzi and other fraudulent investment schemes

2017 ◽  
Vol 20 (3) ◽  
pp. 231-246 ◽  
Author(s):  
Norman Mugarura
Keyword(s):  
Money Laundering ◽  
Practical Implication ◽  
Secondary Data ◽  
Content Type ◽  
The Public ◽  
Advance Fee Fraud ◽  
Criminal Exploitation ◽  
Investment Opportunities ◽  
Different Types ◽  
The Usa

Purpose The purpose of this paper is to explore dynamic issues relating to Ponzi and other fraudulent investment schemes to demonstrate how scammers convince victims of investment opportunities that turn out to be nothing but fraudulent. Specifically, it explores the nature of Ponzi, Pyramid, Advance fees scams and the mechanisms used to defraud unsuspecting victims of their money. The risks associated with Ponzi schemes can be gleaned in the fraud case of Bernie Madoff (1998) who had been running a Ponzi scheme in the USA for 20 years and reaping investors of their returns without ever discovering it until the business collapsed. The other notorious investment scams include “the Nigerian letter frauds” which combine the threat of impersonation fraud with a variation of an advance fee scheme in which a letter is mailed to offer recipients the “opportunity” to share in a percentage of millions of dollars that the author – a self-proclaimed government official – is trying to transfer out of his country. This article assesses the possibility of using anti-money laundering regulatory tools such as a “risk based approach” and “Know Your Customer” to protect victims of fraudulent investment schemes. Design/methodology/approach The paper was written by analysis of primary and secondary data and by utilising newspaper reports on different types of fraudulent investment schemes and the context in which they normally happen in practice. It has also utilized case studies and relevant examples to demonstrate different typologies of fraudulent schemes and the possibility of using anti-money laundering regulatory tools to regulate them. Findings The findings suggest that many people who fall victims of fraudulent investment schemes such as Ponzi and advance fee fraud are not gullible but lack knowledge of their sophistication and how they operate to defraud unsuspecting victims of their savings. Research limitations/implications The paper was largely a library-based research, and there were no interviews carried out to corroborate some of the data used in writing it. This minimises inherent bias in the use of secondary data sources to undertake a study. Practical implications The practical implication of the paper is to highlight the inherent risks in Ponzi and other fictitious investment schemes that are often cleverly conjured to exploit ignorance of the public and defraud them of their savings. It demonstrates that while financial institutions can use their regulatory tools such as KYC to safeguard financial markets from criminal exploitation, people should be vigilant to avoid falling victims of criminal exploitation and lose their savings. Social implications With globalisation, the market is awash with different types of investment opportunities, but people need to keep in mind that it has also created opportunities for criminal exploitation. Some opportunities that are being offered such as advance fee and other schemes are cleverly devised to exploit ignorance of the public. Therefore, this paper highlights the pitfalls which potential investors need to bear in mind when deciding on where to invest and how to invest their money. Originality/value Research on Ponzi schemes, advance fee fraud and misuse of letters of credit do not seem to have received proportionate scholarly attention as other forms of financial crimes. This paper, therefore, addresses a need in the market on many issues it relates.

Institutionalising the war against corruption: new approaches to assets tracing and recovery

2020 ◽  
Vol 27 (1) ◽  
pp. 217-230
Author(s):  
Ehi Eric Esoimeme
Keyword(s):  
Design Methodology ◽  
Secondary Data ◽  
Research Papers ◽  
Content Type ◽  
The Public ◽  
Asset Recovery ◽  
Recovery Scheme ◽  
The Usa ◽  
Nigerian Government ◽  
The Uk

Purpose This paper aims to critically analyse the existing framework on assets tracing and recovery in Nigeria. It will thereafter provide analysis of the asset and recovery measures of advanced countries such as the USA and the UK. The results from the analysis will yield maximum insight and help the Nigerian Government to make better policies and laws on assets tracing and recovery. Design/methodology/approach This paper will rely on primary and secondary data drawn from the public domain. It will also rely on documentary research. Findings This paper determined that the Nigeria asset recovery scheme is likely to be more effective if Nigeria adopts the approach of the UK and the USA. Research limitations/implications This paper will suggest new ways for assets tracing and recovery. The suggested approaches/methods are being used in advanced countries such as the UK and the USA. Originality/value Previous research papers have extensively discussed the problems faced with assets tracing and recovery from a prohibitive and investigative standpoint. This paper will discuss the topic from a preventive standpoint with little focus on investigative mechanisms.

scholarly journals Shareholder empowerment, steps forward and steps back

2019 ◽  
Vol 27 (2) ◽  
pp. 169-196
Author(s):  
Saad Almohammed Alrayes
Keyword(s):  
Global Financial Crisis ◽  
Effective Means ◽  
Fiduciary Duty ◽  
Content Type ◽  
Shareholder Engagement ◽  
The Usa ◽  
The Global Financial Crisis ◽  
The Uk ◽  
The Impact

Purpose The global financial crisis of 2007-2008 prompted a significant debate on corporate governance and shareholder empowerment. A question arises as to whether shareholders ought to be further empowered to have a greater influence over the companies’ activities. Yet, it is not self-evident that shareholder empowerment ensures better-run companies’ corporate activities. Thus, the purpose of this paper is to critically examine, identify and explain the corporate regulation forms and control collectively to evaluate the effectiveness of shareholder empowerment fully. Design/methodology/approach To do so, this paper sets out a comparative analysis approach between two jurisdictions, the UK and Delaware in the USA. The paper further addresses by undertaking three case studies; Barclays Plc which illustrated the Comply or Explain role, AVIVA (2012) that concentrated on the impact of the shareholder revolt, and the case of Hills Stores Co. v. Bozic (2000), which involved a claim brought by shareholders on the grounds of a breach of fiduciary duty. Findings This paper argues that the shareholder empowerment theoretically provides an effective means through which corporate activities can be regulated. However, to do this, account must be taken that a distinction should be made between long-term and short-term investors to encourage shareholder engagement by responsible long-term investors. Furthermore, the shareholders can exercise their powers effectively and influence the Board’s decision to award executive compensation. Originality/value This paper offered two distinct contributions: assessing whether in times of crisis shareholder empowerment represents a way to regulate corporate activities and by assessing the distinction between the perception of shareholder empowerment and the reality in practice.

The imposing of constraints on capital flows in emerging economies

2015 ◽  
Vol 57 (5) ◽  
pp. 400-416
Author(s):  
Peter Yeoh
Keyword(s):  
Financial Crisis ◽  
Emerging Economies ◽  
Global Financial Crisis ◽  
Secondary Data ◽  
Capital Controls ◽  
Policy Option ◽  
Primary Data ◽  
Content Type ◽  
Study Approach ◽  
The Imf

Purpose – The purpose of this paper is to review the practicality and implications of capital controls in emerging economies in the international financial landscape subsequent to the 1997 Asian financial crisis (AFC) and the 2008 global financial crisis (GFC). Design/methodology/approach – The doctrinal approach used in this study relies primarily on primary data from relevant statutes and regulations in the capital and financial markets, and secondary data from research findings of published sources available in the public domain. It also makes concurrent use of the case study approach. Findings – The disdain over the use of capital controls by emerging economies such as Malaysia in the 1997 AFC by multilateral agencies like the International Monetary Fund (IMF) since then and particularly after the 2008 GFC and the 2011/2012 European financial crisis (EFC) has been quietly and gradually transformed into a viable policy option under defined circumstances, especially at the IMF and global forums like the G20. The 1997 AFC in particular induced East Asian economies and others to strengthen the macroeconomic and financial positions, such that they were not only able to withstand the impacts of the 2008 GFC and the 2011/2012 EFC but also contributed to their gradual recoveries through their participation as net lenders to the IMF. The enhanced confidence of these emerging economies to use various capital controls without seeking IMF support spawned new thinking at the IMF to result in the introduction of policy guidelines sanctioning the use of capital controls under particular circumstances. Research limitations/implications – The paper is constrained by the usual limitations connected with qualitative studies, but this is generally mitigated by triangulation of perspectives and so on. Originality/value – This paper provides a critical overview of the pros and cons of capital controls. In particular, it analyses the implications of capital controls as a policy option for emerging economies when facing severe financial crisis. It also critically discusses how and why flowing from the aftermath of its application by Malaysia in the 1997 AFC and subsequent employment by other successful emerging economies in response to the 2008 GFC and 2011/2012 EFC, multilateral institutions such as the IMF and international forum like the G20 developed a more positive approach toward the use of capital controls.

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