US corporates could face criminal liability risks

2021 ◽  
Keyword(s):  
Financial Regulation ◽  
Criminal Liability ◽  
Student Debt ◽  
Justice Department ◽  
Wall Street ◽  
Content Type ◽  
Liability Risks ◽  
Financial Regulatory

Significance Yellen is widely regarded as a ‘safe pair of hands’; Biden’s other choices for financial regulatory roles are unlikely to infringe the priorities of Democratic donors, including its prominent Wall Street constituency. Impacts Lax financial regulation could cause popular discontent. The SEC and Justice Department may return to the Bush-era position of pursuing C-suite executives and corporations. The CFPB will focus on student debt and payday lender issues but needs itself to be revitalised.

Trump will deprioritise banking reform despite talk

2017 ◽  
Keyword(s):  
Interest Rates ◽  
Financial Regulation ◽  
Donald Trump ◽  
Wall Street ◽  
Banking Reform ◽  
Content Type ◽  
Democratic Candidate ◽  
The Great Depression ◽  
2016 Election ◽  
Compliance Requirements

Subject President Donald Trump and banking reform. Significance President Donald Trump attacked Democratic candidate Hillary Clinton ahead of the November 2016 election over her paid speaking appearances at Wall Street financial institutions before her second presidential run. Although he has appointed several former bankers to administration positions and advanced a deregulatory agenda as president, as a candidate Trump criticised big banks and proposed restoring the Glass-Steagall rule separating commercial and investment banking in the 1933 US Banking Act, enacted during the Great Depression but repealed in 1999. The idea has gained some traction in Congress and Trump called for a “21st century version” of Glass-Steagall in a May 1 interview. Impacts When the Fed normalises interest rates, it will help US banks’ profitability when combined with less-stringent compliance requirements. Stricter stances on financial regulation are likely to be an ideological litmus test for Democratic candidates seeking nomination. Finance-friendly appointments to and legislative restrictions on federal agencies will curtail Washington’s regulatory power.

US financial reform efforts will wane under Trump

2016 ◽  
Keyword(s):  
United States ◽  
Financial Regulation ◽  
Free Market ◽  
The United States ◽  
Financial Reform ◽  
Regulatory Agencies ◽  
Donald Trump ◽  
Content Type ◽  
President Elect ◽  
Financial Regulatory

Subject US financial regulation outlook. Significance President-elect Donald Trump can make a decisive imprint on the financial regulatory institutions and practices of the United States. By selecting individuals who share the free-market principles he seeks to promote, he can reshape the personnel at key agencies. In tandem, he can work with the Republican-controlled Congress to enact new legislation delimiting regulatory agencies’ brief, authority and resources. Impacts Presidential appointees to head agencies will determine what issues are prioritised and how interventionist policy will be. A Trump SEC chair appointee is likely to encourage a return to industry self-policing over federal scrutiny and enforcement. Backsliding by US regulators could have a negative knock-on effect for international Basel IV negotiations.

Marketing funds in Europe: a practical look at the marketing regime under the Alternative Investment Fund Managers Directive 2011/61/EU and other regulatory requirements

2014 ◽  
Vol 15 (3) ◽  
pp. 20-27
Author(s):  
Jacob Ghanty ◽  
Justin Cornelius ◽  
Matthew Baker ◽  
Chris Ormond
Keyword(s):  
Financial Regulation ◽  
Investment Fund ◽  
Regulatory Requirements ◽  
Investment Funds ◽  
Content Type ◽  
Fund Managers ◽  
Wide Range ◽  
Questions And Answers ◽  
Financial Regulatory ◽  
Alternative Investment

Purpose – To provide a practical look at the Alternative Investment Fund Managers Directive 2011/61/EU (AIFMD) and other regulatory requirements as they pertain to marketing funds in Europe. Design/methodology/approach – A series of questions and answers exploring some of the principal issues to be aware of when raising a fund in Europe. AIFMD is the key focus, but we also examine other financial regulation that may apply alongside AIFMD, as well as cross-border implications of any marketing initiative. Findings – One of the original aims of AIFMD was to harmonise the management and marketing of alternative investment funds in Europe so that a uniform set of rules will eventually apply. However, in the meantime, the law and regulations relating to marketing are particularly complicated, with a wide range of different requirements that may apply depending on who you are and where you are marketing. Originality/value – Practical guidance from experienced investment management and financial regulatory lawyers.

Global financial regulation in the “New International Economic Order”

2019 ◽  
Vol 27 (1) ◽  
pp. 13-30 ◽  
Author(s):  
Habtamu Simachew Belay
Keyword(s):  
International Economic ◽  
Developing Countries ◽  
Financial Regulation ◽  
Regulatory System ◽  
International Economic Order ◽  
Economic Order ◽  
Informal Networks ◽  
Content Type ◽  
The Past ◽  
Financial Regulatory

Purpose In 1974, the UN General Assembly adopted a landmark resolution proclaiming the establishment of a New International Economic Order. One of the basic aims of this declaration was to enhance the voice and participation of developing countries in the international economic decision-making process based on norms of equitable governance. More than four decades have passed since its adoption. This paper aims to reflect on the past 43 years of the global financial regulatory system in light of the notion of equitable governance as envisioned by the “New International Economic Order”. Design/methodology/approach This paper surveys the global financial regulatory system from the vantage point of equitable economic governance. This discussion covers the period that comes after the 1974 UN landmark resolutions that declare the establishment of a “New International Economic Order”. The authors use qualitative and quantitative approach in this study. They use descriptive statistics and intuitive discussions of certain cases to carry the objective of the paper forward. Findings First, part of the development in global financial regulation manifests the establishment of informal networks that embark on global regulatory issues, while being very exclusive in their membership policies. Second, the lack of full and effective participation of developing countries in the decision-making and norm setting remains unsolved in the global financial regulatory system. Third, the shadow role of the World Bank and International Monetary Fund was of great significance in assisting the implementation of non-binding regulatory rules of international finance in developing countries despite the concerns of legitimacy and equity in the making of international standards. In sum, the global financial regulatory system that emerged in the past four decades is quite different from that aspired by the NIEO. Originality/value The declaration of NIEO coincides with the collapse of the Bretton Wood’s fixed exchange rate which in turn leads to the emergence of a new financial system and regulatory development. This period marked the proliferation of informal networks that make policy recommendations or non-binding rules with global implications. As far as the literature review goes far, this paper is the first to survey the post Bretton Wood’s period of the global financial regulatory architecture based on the tenets of the “New International Economic Order”.

Difficulties of the Financial Reform in the USA

2013 ◽  
pp. 147-158
Author(s):  
V. Kulakova
Keyword(s):  
Economic Policy ◽  
Consumer Protection ◽  
Financial Regulation ◽  
Financial Reform ◽  
Wall Street ◽  
Political Sciences ◽  
Consumer Protection Act ◽  
The Usa ◽  
Major Factors ◽  
International Financial Regulation

We study the reform of financial regulation initiated by the Dodd—Frank Wall Street Reform and Consumer Protection Act of 2010. Major factors impeding Obama’s financial and economic policy are explored, including institutional difficulties, party warfare, lobbyism, and systemic inconsistencies of international financial regulation. We also examine challenges that are being faced by economic and political sciences due to the changes in financial regulation and also assess the level of radicality of the financial reform.

Benefit-Cost Analysis for Financial Regulation

2013 ◽  
Vol 103 (3) ◽  
pp. 393-397 ◽  
Author(s):  
Eric Posner ◽  
E. Glen Weyl
Keyword(s):  
Cost Analysis ◽  
Financial Markets ◽  
Financial Regulation ◽  
Allocative Efficiency ◽  
Social Value ◽  
Wall Street ◽  
Benefit Cost Analysis ◽  
The Social ◽  
Benefit Cost ◽  
Rule Making

Calls for benefit-cost analysis in rule-making, based on the Dodd-Frank Wall Street Reform Act, have revealed a paucity of work on allocative efficiency in financial markets. We propose three principles to help fill this gap. First, we highlight the need for quantifying the statistical cost of a crisis to trade off the risk of a crisis against loss of growth during good times. Second, we propose a framework quantifying the social value of price discovery, and highlighting which arbitrages are over- and under-supplied from a social perspective. Finally, we distinguish between insurance benefits and gambling-facilitation harms of market completion.

scholarly journals FINANCIAL METHODS OF INFLUENCE ON INNOVATIVE MODERNIZATION OF ECONOMY IN THE CONTEXT OF THE WORLD EXPERIENCE

2019 ◽  
pp. 116-126
Author(s):  
R.S. Bilyk
Keyword(s):  
Financial Regulation ◽  
Developed Countries ◽  
State Regulation ◽  
Economic Resources ◽  
High Tech ◽  
Financial Policy ◽  
The World ◽  
Accelerated Depreciation ◽  
Institutional Foundations ◽  
Financial Regulatory

These article is about the objective preconditions and regularities of conducting transformational changes in the economy of different countries of the world on innovative basis. It is substantiated, that the development of innovative modernization of the economy should be one of the main means system of state regulation itself. The experience of developed countries of the world had analyzed with regard to the use of financial methods and tools for activating innovation and conducting R & D. It substantiated, that the necessity of implementation of this experience in Ukraine in order to ensure modernization of the economy through introduction of various tax privileges, accelerated depreciation of fixed capital, cheap loans, etc.. It had proved, that the development and implementation of financial regulation methods in the mechanism of innovation modernization of the economy should take into account the features and structure of the domestic economy, the depth of globalization transformations and the degree of development of financial institutions. The focus of financial regulatory methods for modernizing the economy involves the concentration, distribution and redistribution of financial and economic resources, reorientation of the economy towards an innovative model of development. The priority directions had determined and recommendations had developed on improving the institutional foundations of financial policy in the context of innovative modernization of the Ukrainian economy. Among the most important areas are the following: the search for new sources and increase of financing of innovative development, improvement of the effectiveness of the influence of financial instruments on the rate of economic growth, the growth of the share of high-tech component of the economy, etc.

scholarly journals British law on corporate bribery

2015 ◽  
Vol 22 (1) ◽  
pp. 16-27 ◽  
Author(s):  
Jonathan Mukwiri
Keyword(s):  
Criminal Liability ◽  
Company Law ◽  
Content Type ◽  
Secondary Sources ◽  
Regulatory Strategy ◽  
Regulatory Approach ◽  
Corporate Criminal Liability ◽  
Corporate Liability ◽  
A Company

Purpose – This paper aims to assess the effectiveness of the Bribery Act 2010 in curbing corporate bribery. Design/methodology/approach – The paper takes a doctrinal focus in assessing UK bribery law using both primary and secondary sources. Findings – This paper finds that the effectiveness of the Bribery Act 2010 in curbing bribery lies in its approach of changing the basis for corporate criminal liability from focusing on the guilt of personnel within the company to focusing on the quality of the system governing the activities of the company. Companies have to address the risks of bribery or risk facing liability for failure to prevent bribery. With its regulatory approach to corporate liability, coupled with its extraterritorial reach, the Bribery Act is likely to change business cultures that facilitate bribery, thereby proving an effective law to corporate bribes. Originality/value – This paper highlights the deficiency of earlier laws in tackling corporate bribery, examines the crime of bribery from a company law perspective and argues that the regulatory strategy in the Bribery Act is likely to be an effective tool against bribery.

Artificial intelligence and human rights: a comprehensive study from Indian legal and policy perspective

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sheshadri Chatterjee ◽  
Sreenivasulu N.S.
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Criminal Liability ◽  
Content Type ◽  
Legal Perspective ◽  
The Government ◽  
The Individual ◽  
The Impact ◽  
Rights Issues ◽  
Comprehensive Study

Purpose The purpose of this study is to investigate the impact of artificial intelligence (AI) on the human rights issue. This study has also examined issues with AI for business and its civil and criminal liability. This study has provided inputs to the policymakers and government authorities to overcome different challenges. Design/methodology/approach This study has analysed different international and Indian laws on human rights issues and the impacts of these laws to protect the human rights of the individual, which could be under threat due to the advancement of AI technology. This study has used descriptive doctrinal legal research methods to examine and understand the insights of existing laws and regulations in India to protect human rights and how these laws could be further developed to protect human rights under the Indian jurisprudence, which is under threat due to rapid advancement of AI-related technology. Findings The study provides a comprehensive insight on the influence of AI on human rights issues and the existing laws in India. The study also shows different policy initiatives by the Government of India to regulate AI. Research limitations/implications The study highlights some of the key policy recommendations helpful to regulate AI. Moreover, this study provides inputs to the regulatory authorities and legal fraternity to draft a much-needed comprehensive policy to regulate AI in the context of the protection of human rights of the citizens. Originality/value AI is constantly posing entangled challenges to human rights. There is no comprehensive study, which investigated the emergence of AI and its influence on human rights issues, especially from the Indian legal perspective. So there is a research gap. This study provides a unique insight of the emergence of AI applications and its influence on human rights issues and provides inputs to the policymaker to help them to draft an effective regulation on AI to protect the human rights of Indian citizens. Thus, this study is considered a unique study that adds value towards the overall literature.

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