Private Equity Corporate Governance And The Dynamics Of Capital Market Regulation
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Private Equity Corporate Governance And The Dynamics Of Capital Market Regulation
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Author : Justin O'Brien
language : en
Publisher: World Scientific
Release Date : 2007-12-03
Private Equity Corporate Governance And The Dynamics Of Capital Market Regulation written by Justin O'Brien and has been published by World Scientific this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-03 with Business & Economics categories.
Global capital markets are in a state of flux. Castigated in the past as “Barbarians at the Gate”, private equity providers are once again proclaiming the end of the public corporation. This important book addresses the implications of private equity for the governance of corporations, the capital markets in which they operate and the professionals who provide corporate advisory services. The book evaluates and ranks the precise nature of the risk posed by private equity by situating it within an overarching analysis of the dynamics of financial capitalism. Key issues addressed include: the management of conflicts of interest, fiduciary duties, the role of enforcement, the efficacy of adopting a rules- or principles-based system of regulation, the form and function of compliance, and a detailed examination of how to embed accountability into an integrity system for the financial markets. The book therefore has enormous benefit for industry, regulatory and academic communities alike. Contents:Introduction: The Dynamics of Capital Market Governance (J O'Brien)The Conceptual Underpinnings of Australian Securities Regulation (M Rodgers)Evolving ‘Rules of the Game’ in Corporate Governance Reform (J Hill)Overlapping Fields and Constructed Legalities: The Endogeneity of Law (L B Edelman)The Significance of Relative Autonomy in How Regulation of the Financial Services Sector Evolves (G Gilligan)ASIC v Citigroup: Investment Banks, Conflicts of Interest, and Chinese Walls (P F Hanrahan)Enforcement of Capital Markets Regulation: The United Kingdom and Its International Markets (I MacNeil)Why Auditors Don't Find Fraud (N M Hodson)Compliance, Ethics and Responsibility: Emergent Governance Strategies in the US and UK (D McBarnet)Professional Norms (D Cocking)Sarbanes-Oxley and the Search for Accountable Corporate Governance (M J Dubnick)Charting an Icarian Flightpath: The Implications of the Qantas Deal Collapse (J O'Brien)Institutions, Integrity Systems and Market Actors (S Miller) Readership: Postgraduate law and business students; also suitable for general informed market (e.g. investment bankers, compliance professionals, providers of corporate advisory services including lawyers, tax advisors and auditors). Keywords:Private Equity;Conflicts of Interest;Financial Regulation;Enforcement;Investment Banks;Fiduciary DutiesKey Features:Presents an integrated series of recommendations on how compliance (and wider regulatory) frameworks should be recalibrated in order to take into account the unique challenges posed by both private equity and demands to reduce regulatory burden to stem its growthBased on empirical research in three major capital market jurisdictionsContributors include some of the most influential corporate and securities lawyers, ethicists, regulatory specialists, socio-legal scholars, practitioners and policymakers
Corporate Governance And Responsible Investment In Private Equity
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Author : Simon Witney
language : en
Publisher: Cambridge University Press
Release Date : 2021-01-07
Corporate Governance And Responsible Investment In Private Equity written by Simon Witney and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-07 with Business & Economics categories.
Private equity-backed businesses are increasingly prevalent, and their governance practices are a black box. This book lifts the lid.
Corporate Governance In Global Capital Markets
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Author : Janis Sarra
language : en
Publisher: UBC Press
Release Date : 2011-11-01
Corporate Governance In Global Capital Markets written by Janis Sarra and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-01 with Law categories.
The recent failures of Enron, WorldCom, and other large publicly traded corporations have catapulted the issue of corporate governance onto the international stage. In this timely book, Janis Sarra draws together the work of legal scholars and practitioners from across North America to provide a comprehensive analysis of corporate governance issues in global capital markets. The contributors to this collection explore the theoretical underpinnings of corporate governance and provide concrete illustration of different models and their outcomes. While the perspectives of the authors sometimes differ, their common project is to explore different normative conceptions of the corporation in order to contribute to an analysis of global trends in corporate governance.
Corporate Governance And Regulatory Impact On Mergers And Acquisitions
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Author : Greg N. Gregoriou
language : en
Publisher: Elsevier
Release Date : 2007-07-26
Corporate Governance And Regulatory Impact On Mergers And Acquisitions written by Greg N. Gregoriou and has been published by Elsevier this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-26 with Business & Economics categories.
Corporate Governance and regulatory presssures have been much in the news lately. How they affect the bottom line of corporations has been difficult to quantify, and research is just beginning to be published that addresses this crucial question. This book is the first collection for new research about the impact of takeover regulation and corporate governance on M&A financial results. It will be essential reading to any M&A specialist, an investment banker, a hedge fund manager, a private equity director, or a venture capitalist. Also a must read for financial analysts who follow M&A targets. The book presents research from around the world so it provides a global perspective on this important topic. *The first and only book of research on takeover regulation and corporate governance affecting M&A results*Stands out from all the "How to" books on M&A and M&A disaster books because it provides solid high-quality research on what works and how different decisions affect company and shareholder value*Research provides a guideline for decisionmakers in investment banks, private equity companies, and for financial analysts
Corporate Governance In The Shadow Of The State
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Author : Marc Moore
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-03-01
Corporate Governance In The Shadow Of The State written by Marc Moore and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-01 with Business & Economics categories.
Over recent decades corporate governance has developed an increasingly high profile in legal scholarship and practice, especially in the US and UK. But despite widespread interest, there remains considerable uncertainty about how exactly corporate governance should be defined and understood. In this important work, Marc Moore critically analyses the core dimensions of corporate governance law in these two countries, seeking to determine the fundamental nature of corporate governance as a subject of legal enquiry. In particular, Moore examines whether Anglo-American corporate governance is most appropriately understood as an aspect of 'private' (facilitative) law, or as a part of 'public' (regulatory) law. In contrast to the dominant contractarian understanding of the subject, which sees corporate governance as an institutional response to investors' market-driven private preferences, this book defines corporate governance as the manifestly public problem of securing the legitimacy – and, in turn, sustainability – of discretionary administrative power within large economic organisations. It emphasises the central importance of formal accountability norms in legitimating corporate managers' continuing possession and exercise of such power, and demonstrates the structural necessity of mandatory public regulation in this regard. In doing so it highlights the significant and conceptually irreducible role of the regulatory state in determining the key contours of the Anglo-American corporate governance framework. The normative effect is to extend the state's acceptable policy-making role in corporate governance, as an essential supplement to private ordering dynamics. Shortlisted for The Peter Birks Prize for Outstanding Legal Scholarship 2013.
The New Stock Market
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Author : Merritt B. Fox
language : en
Publisher: Columbia University Press
Release Date : 2019-01-08
The New Stock Market written by Merritt B. Fox and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-08 with Business & Economics categories.
The U.S. stock market has been transformed over the last twenty-five years. Once a market in which human beings traded at human speeds, it is now an electronic market pervaded by algorithmic trading, conducted at speeds nearing that of light. High-frequency traders participate in a large portion of all transactions, and a significant minority of all trade occurs on alternative trading systems known as “dark pools.” These developments have been widely criticized, but there is no consensus on the best regulatory response to these dramatic changes. The New Stock Market offers a comprehensive new look at how these markets work, how they fail, and how they should be regulated. Merritt B. Fox, Lawrence R. Glosten, and Gabriel V. Rauterberg describe stock markets’ institutions and regulatory architecture. They draw on the informational paradigm of microstructure economics to highlight the crucial role of information asymmetries and adverse selection in explaining market behavior, while examining a wide variety of developments in market practices and participants. The result is a compelling account of the stock market’s regulatory framework, fundamental institutions, and economic dynamics, combined with an assessment of its various controversies. The New Stock Market covers a wide range of issues including the practices of high-frequency traders, insider trading, manipulation, short selling, broker-dealer practices, and trading venue fees and rebates. The book illuminates both the existing regulatory structure of our equity trading markets and how we can improve it.
Global Capital Markets
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Author : P.M. Vasudev
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-08-25
Global Capital Markets written by P.M. Vasudev and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-25 with categories.
This topical volume examines key developments in the law regulating capital markets, drawing on examples from around the world – including United States, Canada, Europe, China, India, and New Zealand. With perspectives from international scholars, chapters look at current issues including the regulation of crowdfunding, efforts in Europe for shareholder empowerment, hedge fund activism in Canada, international regulatory cooperation, and regulation of corporate governance in China through securities law rules.
Stock Market Short Termism
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Author : Kim M. Willey
language : en
Publisher: Springer
Release Date : 2019-07-12
Stock Market Short Termism written by Kim M. Willey and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-12 with Business & Economics categories.
Consideration of harmful short-termism in capital markets is prevalent amongst legal and business academics. It is also garnering increased attention in corporate board rooms and executive suites, and from the investing public. As a result, correcting perceived short-termism in capital markets has become a rationale for reform used by regulators across the globe. Despite the considerable attention given to this phenomenon, there has not yet been a comprehensive book analyzing the perceived short-termism problem, its sources and causes, and reform efforts undertaken to date. This book fills this gap by documenting the rise of the short-termism discussion, analyzing the significance of the problem, and considering the proposed legal remedies. Based on this analysis, a framework for effective short-termism reform is offered.
Research Handbook On Global Capital Markets Law
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Author : Iris H.-Y. Chiu
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-06-01
Research Handbook On Global Capital Markets Law written by Iris H.-Y. Chiu and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-01 with Law categories.
This Research Handbook is a one-stop resource on global capital markets and the laws that regulate them. Featuring contributions from leading global experts, the Research Handbook delves into a range of issues including investment products such as equity finance; sustainable finance; fintech; impact investing; and private equity. It also provides analysis on institutional and procedural issues such as large and small companies' capital formation, the roles of institutional shareholders and information providers, and the practices and regulation of financial trading markets.
Corporate Governance
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Author : Jonathan R. Macey
language : en
Publisher: Princeton University Press
Release Date : 2008-09-22
Corporate Governance written by Jonathan R. Macey and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-22 with Law categories.
Even in the wake of the biggest financial crash of the postwar era, the United States continues to rely on Securities and Exchange Commission oversight and the Sarbanes-Oxley Act, which set tougher rules for boards, management, and public accounting firms to protect the interests of shareholders. Such reliance is badly misplaced. In Corporate Governance, Jonathan Macey argues that less government regulation--not more--is what's needed to ensure that managers of public companies keep their promises to investors. Macey tells how heightened government oversight has put a stranglehold on what is the best protection against malfeasance by self-serving management: the market itself. Corporate governance, he shows, is about keeping promises to shareholders; failure to do so results in diminished investor confidence, which leads to capital flight and other dire economic consequences. Macey explains the relationship between corporate governance and the various market and nonmarket institutions and mechanisms used to control public corporations; he discusses how nonmarket corporate governance devices such as boards and whistle-blowers are highly susceptible to being co-opted by management and are generally guided more by self-interest and personal greed than by investor interests. In contrast, market-driven mechanisms such as trading and takeovers represent more reliable solutions to the problem of corporate governance. Inefficient regulations are increasingly hampering these important and truly effective corporate controls. Macey examines a variety of possible means of corporate governance, including shareholder voting, hedge funds, and private equity funds. Corporate Governance reveals why the market is the best guardian of shareholder interests.