Regulatory Design

The Global Financial Crisis has demonstrated the limits of debates over privileging rules over principles or vica-versa. Effective regulatory design necessitates a pro-active interaction between rules, principles and social norms in order to determine that stated values actually inform practice. This series examines the impact of the GFC on regulatory design.    

US Regulatory Agencies Seek Public Comment on Risk Retention Proposal

In accordance with the risk-retention requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010, six federal agencies are seeking public comment on a proposed rule that would require sponsors of asset-backed securities to retain at least 5 percent of the credit risk of the a
Originally Published: 
Thursday, March 31, 2011

European Securities and Markets Authority Outlines Future Regulatory Framework for Exchange-Traded Funds and Other UCITS Issues

The European Securities and Markets Authority has published a consultation paper setting out future guidelines on Undertakings for Collective Investment in Transferable Securities Exchange-Traded Funds and other Undertakings for Collective Investment in Transferable Securities related issues
Originally Published: 
Monday, January 30, 2012

Australian Treasury Releases Proposed Directors’ Liability Reforms to Harmonise Laws on Liability for Corporate Fault

The proposed Personal Liability for Corporate Fault Reform Bill 2012 (“Bill”) represents the first tranche of the Commonwealth Government’s response to the Directors’ Liability reform project, which forms part of the Council of Australian Governments’ National Partnership Agreement to Deliver a Seam
Originally Published: 
Friday, January 27, 2012

Australian Corporations and Markets Advisory Committee Releases Report on Derivatives

The report prepared by the Corporations and Markets Advisory Committee responds to a request from the Australian Government for advice on the suitability of the legislative definition of “derivative” for today’s derivatives markets and whether it may be possible to decrease complexity in this area o
Originally Published: 
Thursday, December 22, 2011

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