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Financial Advice and Investor Protection by Booysen, Sandra Pdf
This comprehensive book offers a rigorous analysis of the legal debates, approaches and practice-related issues surrounding financial advice and investor protection. Despite widespread recognition of the importance of financial inclusion more broadly construed, recent financial crises have highlighted deficits in retail investor protection – this book informs the development of robust yet adaptable frameworks to protect investors, including effective enforcement and dispute resolution.
The Law of Investor Protection by Jonathan Fisher Pdf
This series enables practitioners to stay up to date with litigation and developments in the field of entertainment law. Emphasis is placed on the practical implications of relevant legislative developments and the effects of technology on artists, rights owners and collecting societies
Reforming Corporate Retail Investor Protection by Diane Bugeja Pdf
The spate of mis-selling episodes that have plagued the financial services industries in recent years has caused widespread detriment to investors. Notwithstanding numerous regulatory interventions, curtailing the incidence of poor investment advice remains a challenge for regulators, particularly because these measures are taken in a 'fire-fighting' fashion without adequate consideration being given to the root causes of mis-selling. Against this backdrop, this book focuses on the sale of complex investment products to corporate retail investors by drawing upon the widespread mis-selling of interest rate hedging products (IRHP) in the UK and beyond. It brings to the fore the relatively understudied field concerning the different degrees of investor protection mechanisms applicable to individual retail investors – as opposed to corporate retail investors – by taking stock of past regulatory reforms and forthcoming regulatory initiatives as well as, more importantly, the conclusions reached by the judiciary in IRHP mis-selling claims. The conclusions are particularly interesting: corporate retail investors are in a vulnerable position when compared to individual retail investors. The former are exposed to a heightened risk of mis-selling, meaning that regulatory intervention should be targeted accordingly. The recommendations made as a result of these findings are further supported by insights emerging from behavioural law and economic theories. This book is aimed at researchers, lawyers and students with an interest in the financial regulation field who are keen to explore potential regulatory reforms to the investment services regime that address the root causes of mis-selling, and restore a level playing field amongst all retail investors.
A critical, comparative and contextual examination of how to protect retail or household investors which considers the financial crisis's implications.
This book candidly and unabashedly tackles the myths and realities of investment advice. It will highlight the challenges of getting worthwhile help. It outlines how investors can access truly worthwhile investment advice, what to avoid and what are reasonable (or unreasonable) expectations of their advisors. The purpose of this book is to empower investors and elevate industry standards, so that consumers can be better served, and well-intentioned advisors are better equipped to serve them. The inspiration for Partners in Preservation came from losing money - a lot of money. In the aftermath of the global financial crisis of 2008, I was staring at my brokerage statements in shock and disbelief. How could my portfolio be a fraction of its original value? How could the cadre of financial advisors I used have possibly gotten me into this mess? And I was not the only one. During that time, I was involved in overseeing the Canadian endowment for my alma mater, Yeshiva University. I was surrounded by captains of industry, the most respected corporate executives, extremely successful entrepreneurs, and seasoned investors. They comprised my investment committee. Yet, in the weeks and months after the crash of financial markets, as we sat there analysing the carnage of the portfolio, it became clear that no one understood how we got here, why our advisors proved useless during this period, and who was going to get us out. As I probed these questions, it occurred to me that the mistake was not really the advisors', as much as it was ours. We were all leaning on pillars that did not exist, relying on promises that could not be made, and buying into fiction - the story of investment advice. It became clear to me that, in most cases, investment advice is not dispensed, it is utilized to tease out capital from its unsuspecting owners. It is a means to an end, not for the investor, but for the individual who will be compensated by the investments thereof. In fact, it appeared that the majority of the industry was in cahoots on this, and hardly anyone was taking note or protesting loudly against it. This book is my protest. It is my attempt to reintroduce genuine investment advice (while exposing the faux version thereof), where it can be found, and who is qualified to dispense it.
Asset Management and Investor Protection by Julian Franks,Colin Mayer,Luis Correia da Silva Pdf
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 Law of Financial Advice, Investment Management, and Trading by Lodewijk D. Setten Pdf
This work provides guidance on legal and regulatory risks, and the protection of the investor, throughout the investment cycle, analysing financial investments, their markets, the market infrastructure, and the roles and responsibilities of financial intermediaries.
The Cambridge Handbook of Investor Protection by Arthur B. Laby Pdf
The topic of investor protection has occupied investors, businesses, regulators, academics, and courts since the 1930s. The topic exploded in importance after the 2008 financial crisis and the Bernard Madoff Ponzi scheme of the same year. Investor protection scholarship now seeks to respond to developments such as the institutionalization of the markets, the democratization of finance, and the enhanced role of market professionals and other gatekeepers. Additionally, although the philosophy of full disclosure remains the guiding principle behind the securities laws, recent research has questioned the merits of a disclosure-based regime. In light of these trends, regulators try to strike the right balance between imposing a strict investor protection regime, on the one hand, and giving businesses the freedom to innovate new projects, market new services, and reduce costs, on the other. The Cambridge Handbook of Investor Protection brings together leading scholars to inform this debate and fill a gap left by these developments.
Enhancing Investor Protection and the Regulation of Securities Markets by United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs Pdf
Stricto Sensu Investor Protection under MiFID II by Christos Gortsos Pdf
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.
Regulating Investor Protection under EU Law by Antonio Marcacci Pdf
This book analyzes the legal system for the protection of retail investors under the European Union law of investment services. It identifies the regulatory leitmotiv driving the EU lawmaker and ascertains whether and to what extent such a system is self-sufficient, using a set of EU-made and EU-enforced rules that is essentially different and autonomous from the domestic legal orders. In this regard, the book takes a double perspective: comparative and intra-firm. Given the federal dimension of the US legal system and, thus, the “role-model” it plays vis-à-vis the EU, the book compares the two systems. To fully highlight the existing gaps and measure how self-sufficient the EU system is against its American counterpart, the Union/Federal level as such is analyzed – i.e., detached from the national (in EU terms) and State (in US terms) level. Regulating Investor Protection under EU Law also showcases the unique intra-firm perspective from a European investment firm and analyzes how EU-produced public-law rules become a set of compliance requirements for investment services providers. This “within-the-firm” angle gauges the self-sufficiency of the EU system of retail investor protection from the standpoint of an EU-regulated entity. The book is intended for both compliance professionals and academic scholars interested in this topic while also including illustrative sections intended to provide a broader regulatory view for less-experienced readers.
United States. Congress. House. Committee on Financial Services. Subcommittee on Capital Markets, Insurance, and Government Sponsored Enterprises
Author : United States. Congress. House. Committee on Financial Services. Subcommittee on Capital Markets, Insurance, and Government Sponsored Enterprises Publisher : Unknown Page : 280 pages File Size : 41,9 Mb Release : 2010 Category : Business & Economics ISBN : PURD:32754081263950
Additional Reforms to the Securities Investor Protection Act by United States. Congress. House. Committee on Financial Services. Subcommittee on Capital Markets, Insurance, and Government Sponsored Enterprises Pdf
Capital Markets Regulatory Reform by United States. Congress,United States House of Representatives,Committee on Financial Services Pdf
Capital markets regulatory reform : strengthening investor protection, enhancing oversight of private pools of capital, and creating a national insurance office : hearing before the Committee on Financial Services, U.S. House of Representatives, One Hundred Eleventh Congress, first session, October 6, 2009.
Newcomers to financial investment can find dozens of advice books written especially for them, but this brand-new title is a book with a difference. It speaks directly to you—if you’re an investor with a portfolio worth $100,000 or more. The well-known investment advisor and bestselling author Phil DeMuth addresses the bread-and-butter issues facing that underserved segment of the equities investment community. He will tell you— How to custom tailor your asset allocation to your personal circumstances How to capture the recognized outperforming market anomalies in your portfolio How to keep what you’ve got and avoid Wall street’s wealth extraction machine Author DeMuth also passes along some invaluable retirement investing advice learned from Warren Buffett, and he explains the primary asset protection and tax minimization strategies that work for those in the high-net-worth bracket. Here are investment strategies for the affluent, as well as for those who are approaching affluence and are trying to take that big step forward.
