Market Conduct Regulation

Financial regulation can usefully be bifurcated into prudential and business conduct dimensions. The former concentrates on standards, guidelines and recommendations of best practice on capital adequacy, liquidity and solvency risk and procedures for the orderly winding down of regulated financial institutions. Market conduct regulation, on the other hand, refers to the operation of the market. Regulators are increasingly moving towards expansive definitions of what consitutes market integrity. This series explores the consequences of this move. It evaluates market conduct regulatory performance across three main areas - structure (or mandate), internal processes and managerial discretion - and five dimensions Compliance, Ethics, Deterrernce, Accountability and Risk (CEDAR).

Financial Stability Board Publishes Recommendations to Strengthen Oversight and Regulation of Shadow Banking

The Financial Stability Board has published a report setting out the FSB’s recommendations on a number of issues concerning shadow banking that were requested by the G-20 leaders at the November 2010 Seoul Summit.
Originally Published: 
Thursday, October 27, 2011

SEC Requires Shareholder Approval of Executive Compensation and Golden Parachute Compensation

The Securities and Exchange Commission has amended its rules to implement the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 relating to shareholder approval of executive compensation and “golden parachute” compensation arrangements.
Originally Published: 
Monday, April 4, 2011

Hong Kong Exchanges and Clearing Limited Issues Consultation Paper on Clearing House Risk Management Reform Measures

Hong Kong Exchanges and Clearing Limited has released a consultation paper which details its internal review of its three clearing houses’ risk management measures, with particular focus on the stress testing methodologies and the adequacy of clearing houses’ financial resources when acting as centr
Originally Published: 
Friday, July 1, 2011

SEC Issues Rules for Implementing the Whistleblower Provisions of Section 21F of the Securities Exchange Act of 1934

Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 established a whistleblower program that requires the Securities and Exchange Commission to pay an award to eligible whistleblowers who voluntarily provide the SEC with original information about a violation of the fed
Originally Published: 
Wednesday, May 25, 2011

U.S. Federal Deposit Insurance Corporation Approves Two “Living Will” Rules

On September 13, 2011, the Federal Deposit Insurance Corporation approved a final rule implementing Section 165(d) of the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 which requires large and systemically important financial institutions to develop and maintain resolution plans, of
Originally Published: 
Tuesday, September 27, 2011

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