Investor Protection And Capital Market Regulation In Germany
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Investor Protection And Capital Market Regulation In Germany
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Author : Eric Nowak
language : en
Publisher:
Release Date : 2004
Investor Protection And Capital Market Regulation In Germany written by Eric Nowak and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with categories.
La Porta et al. have shown that differences among countries in legal codes and enforcement of investor protection account for much of the disparity in the size and development of their financial markets. According to their empirical measure of shareholder protection, Germany scores only one out of five possible points on an aggregated index scale. This paper argues that today this assessment is no longer correct, because Germany has reformed its capital market regulation in ways that now afford much greater shareholder protection. In four sections, the paper examines these developments and their effect on changes in corporate governance and investor protection to date. After the introduction some stylized quantitative facts about the development in German equity markets are presented. The second section, which constitutes the main part, covers formal legal changes in corporate governance and investor protection that have a profound effect on the German equity markets. The third section discusses the emergence of a German market for corporate control. The final section concludes.
European Capital Markets Law
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Author : Rüdiger Veil
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-03-24
European Capital Markets Law written by Rüdiger Veil and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-24 with Law categories.
“The richness, clarity and nuances of the structure and methodology followed by the contributors make the book a very valuable tool for students... seeking to obtain a general understanding of the market and how it is regulated.” – Ligia Catherine Arias Barrera, Banking & Finance Law Review The fully updated edition of this user-friendly textbook continues to systematise the European law governing capital markets and examines the underlying concepts from a broadly interdisciplinary perspective. The 3rd edition deals with 3 central developments: the project of the capital markets union; sustainable finance; and the further digitalisation of financial instruments and securities markets. The 1st chapter deals with the foundations of capital markets law in Europe, the 2nd explains the basics, and the 3rd examines the regime on market abuse. Chapter 4 explores the disclosure system and chapter 5 short-selling and high-frequency trading. The role of intermediaries, such as financial analysts, rating agencies, and proxy advisers, is described in chapter 6. Chapter 7 explains compliance and corporate governance in investment firms and chapter 8 illustrates the regulation of benchmarks. Finally, chapter 9 deals with public takeovers. Throughout the book emphasis is placed on legal practice, and frequent reference is made to the key decisions of supervisory authorities and courts. This is essential reading for students involved in the study of capital markets law and financial law.
Regulation Light Germany S Entry Standard
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Author : Andreas Beyer
language : en
Publisher: Herbert Utz Verlag
Release Date : 2010
Regulation Light Germany S Entry Standard written by Andreas Beyer and has been published by Herbert Utz Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
Stricto Sensu Investor Protection Under Mifid Ii
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Author : Christos Gortsos
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2018-07-27
Stricto Sensu Investor Protection Under Mifid Ii written by Christos Gortsos and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-27 with Law categories.
This study analyses Articles 24-30 of Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 “on markets in financial instruments” (MiFID II), which govern, as of January 2018, the most important aspects of investor protection of clients to whom credit institutions and investment firms provide investment services. These Articles contain code-of-conduct and product governance rules, which constitute cornerstones of contemporary EU capital markets law as shaped to address the weaknesses revealed in capital markets’ micro-prudential regulation and supervision after the recent international financial crisis of 2007-2009. The book concisely identifies the elements of continuity and change in relation to the repealed Directive 2004/39/EC (MiFID I), while also presenting the detailed delegated acts of the European Commission and Guidelines of the European Securities and Markets Authority (ESMA), which were adopted on the basis of Articles 24-30 MiFID II.
Ad Hoc Disclosure A Law And Economics Approach
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Author : Veronika Fischer
language : en
Publisher: GRIN Verlag
Release Date : 2009-07-08
Ad Hoc Disclosure A Law And Economics Approach written by Veronika Fischer and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-08 with Law categories.
Diploma Thesis from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1,3, University of Augsburg (Prof. Dr. Möllers), course: Diplomarbeit, language: English, abstract: The economic analysis of the duty of ad-hoc disclosure and related issues in this paper led to the following conclusions: Due to information asymmetries between issuers and investors, a regula-tion of the rules of disclosure is necessary, which reduces the incentive for individual investors to costly gather information, and transfer this in-formation process onto issuers. The legislator‟s goal for such reason can be found in the safeguarding of capital market efficiency as to both correct pricing and liquidity (or sufficient investor participation). The duty of ad-hoc disclosure should fully be transferred to the issuer, as it is the cheapest cost avoider and has sufficient own interests to provide correct and timely information. Nevertheless, legislation must avoid that the issuer can be held liable for information as if it was advice by detail-ing which information has to be given in which form. Furthermore, it must be ensured that investors are not flooded with information, but that only a sensible amount of pertinent information as opposed to advertising information is published. For the lesion of this duty of disclosure, not only the issuer as an entity, but as well the board members should be held liable, as this introduces additional incentives for compliance and adds liable capital for possible damaged parties. Nevertheless, both legislator and jurisdiction will have to limit the risk of abusive investor claims, which are likely to occur in such a constellation. If liability for defective ad-hoc disclosure can be established, the awarded damage should be out-of-pocket measure, as it limits liability to the actual amount of damage and does not transfer the risk of an investment in a way inconsistent with the general principles of the capital market. Furthermore, it provides advantages in processing multiple claims and can be unequivocally determined by a finance-mathematical method based on the Capital Asset Pricing Model.
Foreign Investments On Chinese Capital Markets
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Author : Rüdiger Veil
language : en
Publisher:
Release Date : 2017
Foreign Investments On Chinese Capital Markets written by Rüdiger Veil and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Capital market categories.
Over the last decade, Chinese stock markets have developed rapidly. Most importantly, their opening to foreign investment has meant a steady increase in international influence, but also confronted China with a number of challenges in ensuring stable and well-functioning markets. This volume discusses these developments and analyses the efforts needed to secure market integrity and investor protection, particularly through enforcement mechanisms in both capital markets and corporate law. It sheds light on the tasks and experiences met along the way and provides further food for thought on possible reforms of Chinese capital markets law.Survey of contentsI. Investments on Chinese Capital Markets Xiang Jian/Chen Yicong: The Process of Opening up the Capital Market in China: Current Practice and Emerging Trends - Steffen Gehring: The Chinese Capital Markets - from a German Institutional Investor's Perspective - Gong Baihua: The China (Shanghai) Pilot Free Trade Zone - An Experimental Field to Understand the Impact of the Trans-Pacific Partnership Agreement in China II. Enforcement Concepts in Chinese and German Securities Regulation Su Huchao: Enforcement of Regulatory Powers in Capital Markets: China's Practice and Analysis - Gao Xujun: Internationalization of the Chinese Capital Market and the Improvement of Investor Protection in China - Thomas Höppner: Enforcement by Supervisory Authorities: Concepts and Experiences in Germany - Alma Pekmezovic/Rüdiger Veil: Enforcement of Financial Information in Germany - Anne Gläßner/Manuel Gietzelt/Matthias Casper: Collective Action and Private Enforcement under the German KapMuG - A Comparative Evaluation III. Enforcement Concepts in Chinese and German Corporate Law - The Role of the Supervisory Board Klaus J. Hopt: The German Law of and Experience with the Supervisory Board - Guo Li/Matsuo Takayuki: The Chinese Board of Supervisors System: An International Comparison.
The Law Of Capital Markets In The Eu
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Author : Konstantinos Sergakis
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-03-07
The Law Of Capital Markets In The Eu written by Konstantinos Sergakis and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-07 with Law categories.
This authoritative textbook offers a thorough, theoretical and practical overview of the current EU legal framework applicable to capital markets. It is intended to enable a critical analysis of the overall regulatory principles as well as the interaction between market actors and EU law which has shaped the regulatory agenda both at national and EU level. The book gives an overview of the foundations of EU capital markets and touches upon issuer disclosure obligations, inappropriate market practices and gatekeepers. EU law is the main focus, complemented by comparative analysis where applicable, primarily relating to UK, French and German laws. Ideal for upper-level undergraduate or graduate law students taking a module in Capital Markets Law, Securities Regulation, Corporate Finance Law or EU Company Law. Also useful for accounting, business or economics MSc students who need to broaden their understanding of the legal aspects of capital markets, and for academics and policy makers.
Eu Investor Protection Regulation And Liability For Investment Losses
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Author : Marnix Wallinga
language : en
Publisher: Springer Nature
Release Date : 2020-10-30
Eu Investor Protection Regulation And Liability For Investment Losses written by Marnix Wallinga and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-30 with Law categories.
This book examines the relationship between the EU investor protection regulations enshrined in MiFID and MiFID II and national contract and torts law. It describes how the effect of the conduct of business rules as implemented in national financial supervision legislation in private law extends to the issue of enforcement, and critically assesses this interaction from the perspective of EU law. In particular, the conclusions identified in the book will deepen readers’ understanding of the interplay between the conduct of business rules and private law norms governing a firm’s liability to pay damages, such as duty of care, attributability of damage, causation, contributory negligence and limitation. In turn, the book identifies the subordination and the complementarity model to conceptualise the interaction between the conduct of business rules and private law norms. Moreover, the book challenges the view that civil courts are – or should be – forced to give private law effects to violation of the MiFID and MiFID II conduct of business rules in line with the subordination model. Instead, the complementarity model is advanced as the preferred approach to this interaction in view of what MiFID and MiFID II require from Member States in terms of their implementation, as well as the desirability of each model. This model presupposes that courts should consider the conduct of business rules when adjudicating individual disputes, while preserving the autonomy of private law norms governing liability of investment firms towards clients. Based on analysis of case law of courts in Germany, the Netherlands and England & Wales, as well as scholarly literature, the book also compares the available causes of action, the conditions of liability and the obstacles investors face when claiming damages, as well as how and the extent to which investors can benefit from the conduct of business rules in clearing these obstacles. In so doing, under the approach adopted by national courts to the interplay between the conduct of business rules of EU origin and private law, the book shows how investors can benefit from the influence of these rules on private law norms. In closing, it demonstrates a hybridisation of private law remedies resulting from the accommodation of the conduct of business rules into the private law discourse according to the complementarity model, illustrating how judicial enforcement through private law means may contribute to investor protection.
Asset Management And Investor Protection
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Author : Julian Franks
language : en
Publisher: OUP Oxford
Release Date : 2003-01-16
Asset Management And Investor Protection written by Julian Franks and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-16 with Business & Economics categories.
Asset management is a major industry playing an increasingly important role in economic activity around the world. Asset managers provide services to individuals, governments, public agencies, banks, pension funds, insurance companies, and charities, to name a few. Traditionally, asset management has been primarily associated with the 'stock market' economies of the UK and the USA, but, as this book shows, some of the most spectacular growth in activity of recent years has occurred in Continental Europe. This has presented opportunities and challenges. New forms of financial instruments and institutions have emerged in countries that have traditionally relied on debt and non-market forms of intermediation. Competition has intensified, and entry has occurred both within and across national markets. However, this growth has been accompanied by potential problems: while investors enjoy a wider range of products and services, they face more complex instruments and transactions. Therefore, the potential for failures, such as misdealing and fraud, may have increased. The natural response is to strengthen regulation, but there is a fine balance to be struck between inadequate and excessive regulation of asset managers. This is particularly complicated in the context of European capital markets. European countries have traditionally had very different financial systems and asset management businesses, therefore it is no surprise to discover many different approaches to regulating asset managers. How should the European Commission respond to this diversity? Should it seek to create greater uniformity via common regulatory rules? The particular focus of this book is financial resource requirements. There is currently an active debate about the role capital requirements should play in asset management, particularly in the European context. In order to address this issue, the authors argue that it is necessary to understand the nature of the asset management business in different countries and the risks that it faces. They therefore discuss how the asset management business operates; how it is organized; the nature and size of risks in the business, who bears them, and how they are financed; and what the alternative forms of investor protection are, together with their associated costs and benefits.
The German Financial System
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Author : Jan P. Krahnen
language : en
Publisher: OUP Oxford
Release Date : 2004-03-25
The German Financial System written by Jan P. Krahnen and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-03-25 with Business & Economics categories.
This book is both a reference book on Germany's financial system and a contribution to the economic debate about its status at the beginning of the twenty-first century. In giving a comprehensive account of the many facets of the system, it covers corporate governance, relationship lending, stock market development, investor protection, the venture capital industry, and the accounting system, and reports on monetary transmission and the credit channel, regulation and banking competition, the insurance and investment industry, and mergers and acquisitions. Special chapters at the beginning and at the end of the book adopt the financial system perspective, analysing the mutual fit of different features of the financial system; and each of the fifteen chapters addresses particular myths that surround it. The book is invaluable for those who want to understand the German economy and its financial system, promising not only a compilation of facts and statistics on Germany's financial markets and institutions, but also an analysis of its current structure and the determinants of its future development.