Compliance

The Global financial Crisis saw risk identification and mitigation strategies fail at all levels. In part this can be traced to defective internal control systems; in part to flawed incentives. If success is predicated on short-term performance, as measured by share price, then the capacity to challenge executive strategy is weakened. Non-executive directors proved unwilling or unable to hold executives to account. Institutional shareholders failed to exercise (albeit limited) ownership rights. External gatekeepers, including lawyers and auditors, were seen to be ineffective or complicit. Neither rules nor principles-based approaches to regulatory governance proved responsive enough.

The compliance program of research explores the reasons for past failure. It assesses the extent to which the reform agenda addresses mechanistic approaches to compliance. It addresses this at the level of internal reporting systems, the articulation of what constitutes or should constitute directors’ duties, and impact on regulatory strategies.

Disclosure of Inside Information and Troubled Financial Institutions: A Critical Analysis of Member State Practice

Latui, Joris. Disclosure of Inside Information and Troubled Financial Institutions: A Critical Analysis of Member State Practice. Law and Financial Markets Review, Vol. 5, No. 1, Jan 2011: 62-76. Availability: <http://search.informit.com.au/documentSummary;dn=824435427438676;res=IELBUS>
Originally Published: 
Saturday, January 1, 2011

Civil Society and Horizontal Subsidiarity in Financial Market Regulation: Some Reflections on Roger McCormick's Proposals

Siclari, Domenico. Civil Society and Horizontal Subsidiarity in Financial Market Regulation: Some Reflections on Roger McCormick's Proposals. Law and Financial Markets Review, Vol. 5, No. 4, Jul 2011: 306-312.
Originally Published: 
Friday, July 1, 2011

Lenders' liability for environmental damages in the absence of statutory regulation - lessons from the Israeli model

Plato-Shinar, Ruth and Gelpe, Marcia. Lenders' liability for environmental damages in the absence of statutory regulation - lessons from the Israeli model: Part 1. Law and Financial Markets Review, Vol. 5, No. 5, Oct 2011: 367-379.
Originally Published: 
Saturday, October 1, 2011

Federal deposit insurance corporation and bank of England memorandum on resolving globally active systemically important financial institutions

Davies, Paul. Federal deposit insurance corporation and bank of England memorandum on resolving globally active systemically important financial institutions. Law and Financial Markets Review, Vol. 7, No. 6, Nov 2013: 304-310.
Originally Published: 
Friday, November 1, 2013

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