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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > General
Devise an organized, proactive approach to financial compliance Financial Regulation and Compliance provides detailed, step-by-step guidance for the compliance professional seeking to manage overlapping and new regulatory responsibilities. Written by David Kotz, former Inspector General of the SEC with additional guidance provided by leading experts, this book is a one-stop resource for navigating the numerous regulations that have been enacted in response to the financial crisis. You'll learn how best to defend your organization from SEC, CFTC, FINRA, and NFA Enforcement actions, how to prepare for SEC, FINRA, and NFA regulatory examinations, how to manage the increasing volume of whistleblower complaints, how to efficiently and effectively investigate these complaints, and more. Detailed discussion of the regulatory process explains how aggressive you should be in confronting federal agencies and self-regulatory organizations and describes how commenting on issues that affect your business area can be productive or not. The companion website includes a glossary of terms, regulations and government guidance, relevant case law, research databases, and FAQs about various topics, giving you a complete solution for keeping abreast of evolving compliance issues. These days, compliance professionals are faced with a myriad of often overlapping regulatory challenges. Increased aggressiveness on the part of regulators has led to increased demand on financial firms, but this book provides clear insight into navigating the changes and building a more robust compliance function. * Strengthen internal compliance and governance programs * Manage whistleblower programs and conduct effective investigations * Understand how to minimize exposure and liability from Enforcement actions * Learn how to prepare for the different types of regulatory examinations * Minimize exposure from FCPA violations * Understand the pros and cons of commenting on regulations The volume and pace of regulatory change is causing new and diverse pressures on compliance professionals. Navigate the choppy waters successfully with the insider guidance in Financial Regulation and Compliance.
Americans have always loved risktakers. Like the Icarus of ancient
Greek lore, however, even the most talented entrepreneurs can
overstep their bounds. All too often, the very qualities that make
Icaran executives special-- self-confidence, visionary insight, and
extreme competitiveness--spur them to take misguided and even
illegal chances. The Icaran failure of an ordinary entrepreneur
isn't headline news. But put Icarus in the corporate boardroom and,
as David Skeel vividly demonstrates, the ripple effects can be
profound.
Beginning 30 years ago American citizens were allowed to own and exchange gold in any form, something they had not been able to do for the previous 40 years. Restrictions on gold began with a series of actions intended to buttress the collapsing economy of the 1930s, including executive and legislative action forbidding the private ownership of and trading in gold and abrogating "gold clauses" in contracts--obligations payable in gold or in dollars measured by gold. All of these actions were subsequently upheld by the U.S. Supreme Court. They have profound implications for us today. This book provides a full and thoughtful consideration of all these issues, including the economic and legal history of the events of the 1930s, the effects of those events on government and private practices since that time, the economics of gold clauses and other indexing devices, and the anticipated impact of the legalization of gold ownership. It includes chapters by James M. Buchanan and T. Nicolaus Tideman, Milton Friedman, Harry G. Johnson, Ralph K. Winter, and Gerald T. Dunne, as well as discussions by Allan Meltzer, Karl Brunner, Armen Alchian, Lester Chandler, and David Meiselman among others. The diverse points of view represented make this book valuable to a broad spectrum of people concerned with the relationship between legal and economic policy; with the role of money in times of depression or inflation; and with the importance of gold itself in international and domestic economic systems. It will be important to economists concerned with international trade, macroeconomics, monetary economics; legal scholars concerned with problems of constitutional law, international trade, and the theory of contracts; and to that large group of people who are interested in precious metal that has long been central to human affairs. "Henry G. Manne" is dean and university professor emeritus at George Mason University. He has published many books and articles and is an Honorary Life Member of the American Law and Economics Association. He is considered an expert in insider trading, legal education, law and economics. "Roger LeRoy Miller" is associated with the Institute for University Studies in Arlington, Texas. Some of his most recent books include "Money, Banking and Financial Markets" (with David D. VanHoose), "Business Law Today: The Essentials" (with Gaylord A. Jentz) and "Economics Today."
Over the last decade, the U.S., UK Israel and other states have begun to use Unmanned Aerial Vehicles (UAVs) for military operations and for targeted killings in places like Pakistan, Yemen and Somalia. Worldwide, over 80 governments are developing their own drone programs, and even non-state actors such as the Islamic State have begun to experiment with drones. The speed of technological change and adaptation with drones is so rapid that it is outpacing the legal and ethical frameworks which govern the use of force. This volume brings together experts in law, ethics and political science to address how drone technology is slowly changing the rules and norms surrounding the use of force and enabling new, sometimes unprecedented, actions by states. It addresses some of the most crucial questions in the debate over drones today. Are drones a revolutionary form of technology that will transform warfare or is their effect merely hype? Can drone use on the battlefield be made wholly consistent with international law? How does drone technology begin to shift the norms governing the use of force? What new legal and ethical problems are presented by targeted killings outside of declared war zones? Should drones be considered a humane form of warfare? Finally, is it possible that drones could be a force for good in humanitarian disasters and peacekeeping missions in the near future? This book was previously published as a special issue of The International Journal of Human Rights.
Following the financial and public debt crisis, the EU's Economic and Monetary Union (EMU) has been under intense political scrutiny. The measures adopted in response to the crisis have granted additional powers to the EU (and national) authorities, the exercise of which can have massive implications for the economies of the Member States, financial institutions and, of course, citizens. The following questions arise: how can we hold accountable those institutions that are exercising power at the national and EU level? What is the appropriate level, type and degree of accountability and transparency that should be involved in the development of the EU's governance structures in the areas of fiscal and economic governance and the Banking Union? What is the role of parliaments and courts in holding those institutions accountable for the exercise of their duties? Is the revised EMU framework democratically legitimate? How can we bridge the gap between the citizens - and the institutions that represent them - and those institutions that are making these important decisions in the field of economic and monetary policy? This book principally examines the mechanisms for political and legal accountability in the EMU and the Banking Union. It examines the implications that the reforms of EU economic governance have had for the locus and strength of executive power in the Union, as well as the role of parliaments (and other political fora) and courts in holding the institutions acting in this area accountable for the exercise of their tasks. It further sets out several proposals regarding transparency, accountability, and legitimacy in the EMU.
Scandals in financial institutions, weakness in the world economy, and volatility in financial markets bring to the fore issues of regulation and consumer protection. This comparative survey of how investors are currently protected in a range of European countries and the USA is set in an accessible theoretical framework. It will be invaluable for academics and students involved in the analysis of financial markets and regulation as well as practitioners in financial institutions and regulatory authorities.
Scandals in financial institutions, weakness in the world economy, and volatility in financial markets bring to the fore issues of regulation and consumer protection. This comparative survey of how investors are currently protected in a range of European countries and the USA is set in an accessible theoretical framework. It will be invaluable for academics and students involved in the analysis of financial markets and regulation as well as practitioners in financial institutions and regulatory authorities.
Contemporary Issues in Economic and Financial Analysis 99 includes fourteen studies on contemporary issues within governance and regulations by authors invited from various universities and institutions. The chapters are a mix of discussion-based studies and empirical research studies aimed at understanding particular aspects of governance and regulations. Some refer to a particular country-specifically Malta, Indonesia, and India-and others are more generic and/or European-focused. These chapters include studies of the following: the challenges of corporate governance in small family-owned firms; a credit institution's perspective for managing conduct risk in the boardroom; the implications of the regulation and governance of financial advice in Europe for the retail financial advice sector and its consumers; the barriers to the development of Maltese cooperatives; corporate governance and cash holdings in Indian firms; whether good governance fosters trust in the government; the impact of takeover bids on European law and corporate governance; the developments and outcomes of the reform of the doctrine of "utmost good faith" in the UK; whether corporate decisions in Indonesia are a result of corporate governance requirements; earning management and audit reports; the European deposit insurance scheme; product intervention of supervisory authorities in financial services; the teaching of financial services regulation; how to link the human element to the risk management process, which is one of the internal control processes in governance of an organisation; and whether the transparency regime on the financial institutions market really works.
With Economic and Monetary Union, the European Union has embarked on one of the biggest projects in its history. Previous literature has focused on how EMU came into being and on the policy issues that it raises. European States and the Euro seeks to move the discussion forwards by offering the first systematic evaluation of how it is affecting EU states, both members and non-members of the Euro-Zone. It is the first book to explicitly situate EMU in the growing literature on Europeanization. It examines the effects on public policies, political structures, discourses, and identities. The book seeks to identify the scope of EMU's effects, the direction that it imparts to political and policy changes, the mechanisms by which it produces its effects, and the role of domestic institutions, political leadership and specific forms of discourse in shaping responses. In addition, the book assesses how, and with what effects, EMU is affecting key policy sectors labour markets and wages, welfare states, and financial market governance. What conditions the degree of convergence discernible in these sectors? Finally, the book seeks to 'contextualize' EMU by assessing its effects both in comparison with other variables like globalization and in a historical perspective of the European Monetary System as a 'training ground'. The book combines sectoral and country case studies with a thematic treatment by recognized experts in their fields. It moves from globalization, through EU-level changes, to member states and finally to specific sectors. The main conclusions are that EMU is most important in affecting the timing, tempo and rhythm of domestic change that these changes are experienced pre-eminently at the level of policy; that it strengthens pressures for convergence; but that different domestic institutional arrangements and discourses lead to variations in policy processes and effects and in the way change is 'framed'. In particular, whilst EMU contains a neo-liberalizing tendency exhibited most clearly in financial market effects, it is not to be characterized as a neo-liberal project by means of which the EU is becoming an economic and social space simply converging around Anglo-American market capitalism.
On 9 November 2005 a symposium took place on the realisation of the Takeover Directive in Europe which was attended by experts on takeover law from six Member States. Their papers are compiled in this volume.
This book relates the development of economic and monetary union in the EC to the development of the single market for financial services. The new edition fully reflects the institutional and legal consequences of the achievement of economic and monetary union in 1999, while taking account also of the continuing flow of Community legislation and case-law in the area of financial services. The transparency resulting from monetary union has shown problems of taxation to be a barrier to market integration, and this is reflected in a new Chapter. On the other hand, this an area in which variable geometry has become a legal reality, and this also is reflected in a new Chapter of the book.
CARlA BODO Board Member of the Cultural Information and Research Centres liaison in Europe (CIRCLE) and Director of the Observatory for the Performing Arts at the Department of the Performing Arts of the Italian Prime Minister's Office, Roma The relation between the public and the private sector in the field of culture, the central theme of this publication, was thoroughly debated during the 1997 CIRCLE Round Table in Amsterdam. It was not the first time CIRCLE addressed this issue. In 1988 CIRCLE'S Bureau was invited to participate in a seminar in Budapest on The State, the Market and Culture. I will never forget the emotional impact of Sacha Rubinstein's demonization of state sup port and his apotheosis of the role of the market in the cultural field in Russia. So, in ad vance of actual events, we suddenly had a premonition of what was going to happen, ofthe turmoil which was about to radically change the socio-political scene of Central and East ern Europe. Six years later, in 1994, we met again in Budapest for a Conference on The Distribu tion of Roles between Government and Arts Councils, Associations and Foundations."
Over the last few decades, many countries have reformed their secured transactions law. One of the main reasons has been the clear link between reform and the availability of credit, and the drive to improve access to finance, particularly for micro, small and medium-sized enterprises. This book focuses particularly on developing economies in Africa, which have legal frameworks influenced by English, French, Belgian, Roman-Dutch and other laws. Reform in this area of law across African countries has taken a number of forms, which are explored and discussed in this book. Secured Transactions Law Reform in Africa is a mixture of a critical description of the pre-reform law and practice, and the reform process itself. It also includes a comparative analysis of the legal provisions and an examination of the early results of the reforms. The book sets out a road map for the future of secured transactions reform; primarily in Africa, but also in other countries that have undertaken or are contemplating similar reforms. This book is the second in a series of books about Secured Transactions Law in countries around the world, and its reform, both on a national and an international scale. The first book, Secured Transactions Law Reform: Principles, Policies and Practice, was published in 2016.
Tax Havens for International Business is a special management report that shows how the establishment of a tax haven operation, in any of many locations worldwide, can save more money than any internal tax-shelter programme. This volume provides a comprehensive, step-by-step plan that simplifies the myriad complexities surrounding the formation and incorporation of branch offices and subsidiary companies within such tax havens as the Bahamas, Bermuda, the Cayman Islands, Greece, Hong Kong, Luxembourg, Malta, The Netherlands, Panama, Puerto Rico, and Switzerland. In addition, it presents detailed information on each tax haven's economic, legal, political, cultural and geographical aspects, which must be considered if such an enterprise is to operate successfully.
Over the past few years, an increasing number of cases have come to light in which securities transactions were erroneously concluded at non-market prices, i.e. so-called mistrades . The examination considers the rights of those involved in mistrades to nullify the transactions."
The climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility. This fully updated edition of Sornarajah's classic text offers thought-provoking analysis of the law in historical, political and economic contexts, capturing leading trends and charting the possible course of future developments. It takes into account the newer types of treaties that establish a regulatory space for states and moves away from inflexible investment protection, exploring the newly created defences relating to environment, human rights, indigenous rights and other areas ending the fragmentation of the law. It looks at the current debates on legitimacy of the system and current efforts at reform. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.
In Taxes on Knowledge in America, Randall P. Bezanson explores the extent to which the publication and distribution of current public information is effected by economic exactions. The book begins with a brief overview of the English history and experience with knowledge taxes, before turning to a discussion of knowledge taxes in America from colonial times to the present. In addition to covering traditional printed publications, Bezanson looks at recent developments in broadcast and cable telecommunications, devotes a chapter to the history of the postal system, and gleans insight from three benchmark Supreme Court decisions. Bezanson provocatively concludes that knowledge is common property and knowledge taxes should be measured by their impact on the diversity of ideas and availability of information throughout society. |
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