The Limits of Disclosure

In the aftermath of crisis, a common regulatory response has been to enhance the level of disclosure. This dates back to the argument made by Justice Louis Brandeis that "sunlight is the best disinfectant." Echoing this sentiment, President Obama argued on 28 January 2009 that the financial crisis derived from a dual failure: the 'irresponsbility that pervailed in Wall Street and Washington." He maintained that "restoring transparency is not only the surest way to achieve results, but also to earn back the trust in government without which we cannot deliver the changes the American people sent us here to make." The crisis also demonstrates, however, the limits of disclosure as a regulatory strategy. The series tests the limits of disclosure-based solutions for retail and wholesale investors across a range of product classes, from relatively simple to complex financial products. 

European Securities and Markets Authority Questions Whether Market Transparency Prevents Crises

The European Securities and Markets Authority has published a speech given by its chairman, Steven Maijoor, which explains the reasons why transparency is an essential ingredient of securities regulation and why it has been considered to be the traditional solution in response to market imperfection
Originally Published: 
Thursday, September 29, 2011

Financial Stability Board Publishes a Note on Financial Stability Issues From Exchange-Traded Funds

The Financial Services Board has published a note which highlights that while exchange traded funds bring a number of benefits to investors and market participants, including easier access to specific asset classes or risk exposures, they may also generate new types of risk, linked to the complexity
Originally Published: 
Tuesday, April 12, 2011

Federal Reserve Bank of New York Staff Report Calls for Incentives for Disclosure

The Federal Reserve Bank of New York has issued a Staff Report arguing that the existing regime for information disclosure is primarily one of compliance, and that to improve corporate governance, reforms should be directed toward providing incentives for disclosure, rather than mandating it.
Originally Published: 
Tuesday, January 31, 2012

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