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Journal articles on the topic 'Securities law'

Author: Grafiati

Published: 4 June 2021

Last updated: 2 February 2022

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1

Proshunin, Maxim M. "PUBLIC SECURITIES AND DERIVATIVES LAW AS BRANCH OF THE FINANCIAL LAW." RUDN Journal of Law 23, no. 4 (December 15, 2019): 533–45. http://dx.doi.org/10.22363/2313-2337-2019-23-4-533-545.

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The article is devoted to financial law issues on securities and derivatives market regulations. The article deals with the financial law nature of the relations that are emerging in the securities and derivatives markets through a review of methods and techniques of securities and derivatives market regulation. The author considers the public interest in the regulation of the securities and derivatives markets, as well as differences between different parts of securities and derivatives markets. The article contains the review of regulatory, compensatory and redistributive functions of the securities and derivatives markets. The author states that control of the securities and derivatives market has to be considered as independent type of state financial control in the Russian Federation. In addition, the securities and derivatives law have to be considered as a branch of financial law. The legal relations arising in course of issuance and circulation of state securities and entering into derivatives deals are separately reviewed and analyzed. It is proved that the basis for recognition of the securities and derivatives market as the financial law categories is similar to reasons proving the existence of public banking law, namely, stock market and derivatives as an integral parts of any financial market system, the presence of public interest in the regulation of relations in the securities and derivatives markets, the existence of a mandatory subject of legal relations, having a public authority (the Bank of Russia), the existence of subordination between the Bank of Russia and professional participants of the securities market where the Bank of Russia acts as a regulator and supervisory authority and wide scope of public law methods used for securities and derivatives market regulations.

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2

Tridimas, Takis. "I. Company Law and Trade in Securities." International and Comparative Law Quarterly 46, no. 1 (January 1997): 202–5. http://dx.doi.org/10.1017/s0020589300060188.

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In the last two years there has been significant legislative activity in the field of company law. The most important development in the field of securities law has been the adoption of a directive amending, inter alia, the Investment Services Directive1 and the directive on undertakings for collective investments in transferable securities2, with a view to reinforcing prudential supervision3. A number of initiatives have been taken with a view to preparing for economic and monetary union. In particular, the Commission has submitted a proposal for a directive on cross-border credit transfers within the European Union which, if adopted, will increase efficiency of cross-border payments4. The regulation of trade in financial services between the Community and third States is of increasing importance, following the conclusion of the General Agreement on Trade in Services5.

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3

Treynor, Jack L. "Securities Law and Public Policy." Financial Analysts Journal 50, no. 3 (May 1994): 10. http://dx.doi.org/10.2469/faj.v50.n3.10.

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4

Weiss, Elliott J. "Pleading Securities Fraud." Law and Contemporary Problems 64, no. 2/3 (2001): 5. http://dx.doi.org/10.2307/1192305.

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5

Ochmann, Paweł. "CZY KAŻDY BILET ZAWSZE MUSI BYĆ ZNAKIEM LEGITYMACYJNYM, CZYLI ROZWAŻANIA O ZASADZIE ‘NUMERUS CLAUSUS’ PAPIERÓW WARTOŚCIOWYCH W POLSKIM PORZĄDKU PRAWNYM." Zeszyty Prawnicze 16, no. 1 (December 1, 2016): 135. http://dx.doi.org/10.21697/zp.2016.16.1.05.

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The ‘Numerus Clausus’ Principle for Securitiesin the Polish Legal SystemSummaryMost specialists on the doctrine of Polish private law hold that thereis a numerus clausus principle for securities in Polish law, although it hasnot been specifically put into words in any act of legislation. According tothe principle only those types of securities may be issued which are regulated by a statute. This means a prohibition on the issue of securities thathave not been legally recognised. There are only a few opinions that saythere is no numerus clausus on securities in Polish legal doctrine. Thisquestion has been the subject of a heated debate, which has attenuatedover the last years. However, many issues have neither been scrutinised nor even noticed. There are still several points worthy of consideration.The author’s aim in this paper is to review the arguments for and againstnumerus clausus; some of them have never been examined before. Hisanalysis leads him to conclude that there is a numerus apertus (i.e. norestrictions) on some securities, such as bonds, while others such asshares, which endow their holder with special rights, are subject to legalrestrictions. The article is an offshoot of research for a dissertation onprivate law conducted on an individual research programme supervisedby Dr. M. Spyra at Collegium Invisibile in the 2013/2014 academic year.

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6

Bozanic, Zahn, Preeti Choudhary, and Kenneth J. Merkley. "Securities Law Expertise and Corporate Disclosure." Accounting Review 94, no. 4 (September 1, 2018): 141–72. http://dx.doi.org/10.2308/accr-52265.

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ABSTRACT We examine whether securities lawyers involved in SEC comment letter inquiries act as client advocates by resisting disclosure changes or as gatekeepers by encouraging disclosure transparency. Consistent with an advocacy role, we find that securities lawyers' involvement in SEC comment letters is associated with resisting disclosure inquiries through redacting information from filings and issuing fewer amendments to previous disclosures. Our evidence also supports the view that the role of securities lawyers extends beyond the specific inquiry; their involvement is associated with improved readability and more cautionary language in the subsequent 10-K, and fewer future restatements and comment letters. Last, we find that securities lawyers serve more of an advocacy role when proprietary costs are high and when the inquiry involves a possible amendment, but more of a gatekeeper role when an inquiry is more complex. JEL Classifications: M41

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7

Skeel, David A. "Behaviorism in Finance and Securities Law." Supreme Court Economic Review 21, no. 1 (January 2013): 77–103. http://dx.doi.org/10.1086/675266.

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8

Yeon, Asmah Laili. "Law Enforcement In Malaysian Securities Markets." IOSR Journal of Business and Management 1, no. 5 (2012): 20–27. http://dx.doi.org/10.9790/487x-0152027.

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9

Bear, Larry Alan, and Rita Maldonado-Bear. "The securities industry and the law." Journal of Banking & Finance 26, no. 9 (September 2002): 1867–88. http://dx.doi.org/10.1016/s0378-4266(02)00196-6.

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10

Karmel, Roberta S. "Progress Report on Securities Law Harmonization." Proceedings of the ASIL Annual Meeting 88 (1994): 409–15. http://dx.doi.org/10.1017/s0272503700082719.

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11

Nicholls, Christopher C. "Civil Enforcement in Canadian Securities Law." Journal of Corporate Law Studies 9, no. 2 (October 2009): 367–408. http://dx.doi.org/10.1080/14735970.2009.11421546.

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12

Kronke, Herbert. "T. Keijser (ed.), Transnational Securities Law." European Business Organization Law Review 18, no. 4 (September 25, 2017): 801–6. http://dx.doi.org/10.1007/s40804-017-0086-y.

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13

Chen, Ding. "Old Wines in New Bottles? Private Securities Litigation in China’s New Securities Law." Amicus Curiae 2, no. 2 (March 1, 2021): 169–87. http://dx.doi.org/10.14296/ac.v2i2.5252.

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Private securities litigation has been very weak since the establishment of China’s stock market some 30 years ago. A new law on securities took effect in March 2020 and introduces some reformist changes to this area. This article will examine the likely effect of the new Securities Law on this form of litigation. In particular, it will examine China’s most celebrated ‘quasi-class action’ system, i.e. Special Representative Litigation. This procedure is borrowed from Taiwan’s non-profit organization model. The essay argues that, since the new Securities Law has made only limited efforts in addressing the primary reason for the weak private securities litigation, namely, lack of judicial independence, it is unlikely to make any significant changes to private securities litigation in China. Keywords: private securities litigation; securities law; class action; cost of litigation; judicial independence.

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14

Al-Shammaa, Faeq Mohammed. "The Development of Holding the Securities Account System." Journal of Law 10, no. 2 (January 1, 2013): 9–31. http://dx.doi.org/10.12785/law/100201.

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15

Kerr, J. J. "Arbitrability of Securities Law Claims in Common Law Nations." Arbitration International 12, no. 2 (June 1, 1996): 171–78. http://dx.doi.org/10.1093/arbitration/12.2.171.

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16

Vygovskyy, Oleksandr. "Conflict of laws issues related to securities transactions." Informatologia 52, no. 1-2 (June 30, 2019): 45–54. http://dx.doi.org/10.32914/i.52.1-2.5.

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In this article we examine the conflict of laws issues of cross-border securities transactions. It deals with the problems of attributing lex situs to securities held under direct holding system and conflict of laws problems related to intermediated securities. We analyze possible variants of the conflict of laws rule for the securities and formulate our own attitude towards identification of the most efficient solutions of conflict of laws issues

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17

NNONA, GEORGE C. "THE NIGERIAN INVESTMENT AND SECURITIES ACT: DELINEATING ITS BOUNDARIES IN RELATION TO THE REGISTRATION OF SECURITIES." Journal of African Law 50, no. 1 (April 2006): 24–46. http://dx.doi.org/10.1017/s0021855306000040.

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This article examines the requirement of the Nigerian Investment and Securities Act, 1999 (ISA) that securities be registered prior to being offered to the public, with a view to determining the limits (boundaries) of that requirement. It shows that the boundaries can be staked out along three dimensions: items excluded from the registration requirement because they are not caught by the definition of securities under the ISA; items that qualify as securities under the ISA's definition of that term but which are exempt from registration for various policy reasons (exempt securities); and items which are exempt only because of the nature of the transactions involved rather than the nature of the securities themselves (exempt transactions). It shows that while doubts about the limits of the registration requirement exist at some points where the boundaries cannot be readily staked out without interpretive difficulties, such doubts and the points in relation to which they exist are relatively residual, except in areas where the Nigerian Securities and Exchange Commission has in its rule-making manifested a misconception of its powers under the ISA.

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18

Lau, Alex K. L. "The new PRC securities law: quality control on the securities market in China." Managerial Auditing Journal 15, no. 1/2 (February 2000): 53–59. http://dx.doi.org/10.1108/02686900010304641.

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19

Podolski, T. M. "Japanese banking, securities and anti-monopoly law." International Affairs 66, no. 1 (January 1990): 214. http://dx.doi.org/10.2307/2622282.

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20

Newman, Karl, and Takis Tridimas. "II. Company Law and Trade in Securities." International and Comparative Law Quarterly 48, no. 3 (July 1999): 707–10. http://dx.doi.org/10.1017/s0020589300063545.

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In the last two years, there has been a dearth of legislative initiatives in the field of company law.1This may be attributed to several reasons. Whilst the company law harmonisation programme is now largely complete, the principle of subsidiarity has to some extent hampered moves toward further harmonisation. Disagreement still reigns over certain crucial issues such as employee participation in corporate management. Also, in the light of the objective to advance EMU, there has been a shift in the Community's priorities. The search for consensus continues in relation to the proposal for a thirteenth company law directive on take-overs and the proposed European Company Statute, although, currently, the national delegations seem to be closer to agreement in relation to the latter than in relation to the former.2

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21

Tridimas, Takis. "II. Company Law and Trade in Securities." International and Comparative Law Quarterly 42, no. 3 (July 1993): 724–28. http://dx.doi.org/10.1093/iclqaj/42.3.724.

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22

Tridimas, Takis. "I. Company Law and Trade in Securities." International and Comparative Law Quarterly 44, no. 1 (January 1995): 214–18. http://dx.doi.org/10.1093/iclqaj/44.1.214.

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23

WILLIS, PETER. "INTERNATIONAL HARMONISATION OF SECURITIES LAW: AUSTRALIA'S RESPONSE." Journal of Financial Regulation and Compliance 2, no. 2 (February 1994): 165–83. http://dx.doi.org/10.1108/eb024805.

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24

Mooney, Charles W. "Private Law and the Regulation of Securities Intermediaries : Perspectives under the Geneva Securities Convention and United States Law." Uniform Law Review 15, no. 3-4 (August 1, 2010): 801–13. http://dx.doi.org/10.1093/ulr/15.3-4.801.

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25

Rachman, Nora. "Securities Trading Meets Corporate Law : What Are “Securities” and Who Holds Them ? Trends and Patterns in Brazilian Law." Uniform Law Review 15, no. 3-4 (August 1, 2010): 833–44. http://dx.doi.org/10.1093/ulr/15.3-4.833.

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26

Kędzierski, Dawid Van, Paweł Chmielnicki, Michał Stachura, and Dobrochna Minich. "The functions of securities law: An expert survey of legislative intent in Poland." PLOS ONE 16, no. 1 (January 28, 2021): e0246117. http://dx.doi.org/10.1371/journal.pone.0246117.

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Under the conventional view, securities law is intended to protect ordinary (retail) investors. However, some scholars from the school of Law & Economics (L&E), guided by considerations of economic efficiency, claim instead that the principal function of securities law is to reduce transaction costs and risk to professionals. This paper examines those claims empirically. Our research design blends content analysis methods with expert survey techniques to arrive at numerical assessments of determinants of Polish securities law. We find that the L&E view is supported by our data very weakly, only insofar as consumer protection is not the main driver of securities law. The veracity of this claim appears to be time-dependent. We do not find sufficient support for the main components of the L&E view, i.e., that securities law is meant to reduce transaction costs and risk to professionals. However, our data does not refute the L&E hypotheses, and, therefore, we consider them to be an open question. We phrase our conclusions cautiously because of the relatively small number of experts surveyed and of statutory sources of securities law in Poland.

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27

Müller, Michael F. "Approaches to the law applicable to proprietary effects of transactions in securities taken in uniform law: a lesson for the EU." Uniform Law Review 24, no. 4 (November 22, 2019): 711–23. http://dx.doi.org/10.1093/ulr/unz037.

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Abstract The modern practice of securities trading has led to almost insurmountable tensions with classical conflict-of-laws doctrine. The Hague Securities Convention set out to provide for a new and uniform solution. In a recent communication from the Commission, the topic has resurfaced on the European agenda. Against this background, this article poses the question of whether the discussion around the Convention can serve as a lesson for the European Union (EU). It is submitted that neither the status quo of EU law is satisfactory nor does the adoption of the Convention offer a fully convincing solution but that the problem should be targeted at its root: the outdated concept of some national substantive laws in intermediated securities.

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28

Huang, Peter H. "Trust, Guilt, and Securities Regulation." University of Pennsylvania Law Review 151, no. 3 (January 2003): 1059. http://dx.doi.org/10.2307/3312885.

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29

Easterbrook, Frank H., and Daniel R. Fischel. "Optimal Damages in Securities Cases." University of Chicago Law Review 52, no. 3 (1985): 611. http://dx.doi.org/10.2307/1599630.

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30

Easterbrook, Frank H. "Derivative Securities and Corporate Governance." University of Chicago Law Review 69, no. 3 (2002): 733. http://dx.doi.org/10.2307/1600631.

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31

Glick, Shanah D. "Are Viatical Settlements Securities within the Regulatory Control of the Securities Act of 1933?" University of Chicago Law Review 60, no. 3/4 (1993): 957. http://dx.doi.org/10.2307/1600162.

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32

Heindler, Florian. "The law applicable to third-party effects of transactions in intermediated securities." Uniform Law Review 24, no. 4 (December 1, 2019): 685–710. http://dx.doi.org/10.1093/ulr/unz043.

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Abstract The conflict-of-laws rules applicable to the third-party effects of transactions in intermediated securities have attracted a great deal of interest in legal practice and academia. The article reviews the current legal developments in the European Union (EU), the international trends (Geneva Securities Convention and Hague Securities Convention), and the challenges of technological innovation. The article proposes interpreting the category of conflict-of-laws rules applicable to the third-party effects of transactions in intermediated securities in a concise, short, functional, and abstract way. Furthermore, it puts the discussions on the proper connecting factor into context and comments on the most recent developments in the EU in this respect. Finally, it adds to the discussion on proper connecting factors for digital ledger technology-based settlement systems (blockchain) and other current trends.

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33

Alain, Robert. "Le droit des valeurs mobilières et le retour des compagnies publiques au statut de compagnie privée." Les Cahiers de droit 20, no. 3 (April 12, 2005): 539–82. http://dx.doi.org/10.7202/042328ar.

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This article examines the « going private » phenomenon as it has developed in the United States and Canada over the past few years as well as its implications for Quebec law. « Going private » transactions involve different means of corporate reorganization that allow a few controlling shareholders to eliminate, without adequate compensation, most other shareholders from further participation in a corporate body. Such transactions are of interest to those who study company law or securities law as the methods employed often go beyond the spirit of both. The author attempts to demonstrate the role each can play in preventing abuses of minority rights. Corporate law, while ensuring majority rule, seeks to protect individual shareholders while securities law has developed to avoid the manipulation of individual shareholders in transactions involving securities. The author believes that « going private » should take place only if full disclosure of the aims of the controlling group have been given to the minority, if there is a valid business purpose for going private and if the eliminated shareholders are treated fairly. Examples of these criteria are to be found in recent American, Canadian and Quebec jurisprudence as well as in the policy statements of the Securities Exchange Commission and the Ontario Securities Commission. These are analysed in relation to present Quebec law. The author suggests that the Quebec Securities Commission should adopt a policy statement on « going private » similar to that of the OSC. This would be a better means of ensuring that the Quebec Securities Commission fulfill its role of promoting investor protection and an efficient securities market.

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34

Proshunin, M. M. "Voluntary Liquidation of Credit Organization: Law Issues." Rossijskoe pravosudie 6 (May 20, 2020): 107–12. http://dx.doi.org/10.37399/issn2072-909x.2020.6.107-112.

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The article reveals the legal issues of voluntary liquidation of the credit organization process and considers the main stages of such process. In order to simplify the liquidation of the credit organisation for both the Bank of Russia and representatives of the credit organization the article contains some suggestions for development of Russian banking regulations, in particular, set out of qualification and business reputation requirements for members of the liquidation committee and transformation of the credit organization being a professional participant on securities market into non-bank financial organization – professional participant on securities market.

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35

Li, Xianhua. "Evolution and Evaluation of Chinese Securities Legislation in the Context of the Alteration of Securities Law : From the Perspectives of Basic Legal Principles of Securities Law." Northeast Asian law journal 13, no. 3 (January 31, 2020): 283–99. http://dx.doi.org/10.19035/nal.2020.13.3.12.

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36

Galanov, Vladimir A., and Aleхandra V. Galanova. "THE LAW ABOUT SECURITIES MARKET AS A LAW ABOUT FINANCE MARKETS." Vestnik of the Plekhanov Russian University of Economics, no. 1 (February 12, 2018): 68–74. http://dx.doi.org/10.21686/2413-2829-2018-1-68-74.

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37

Peráček, Tomáš, Boris Mucha, Patricia Brestovanská, and Jana Kajanová. "Selected Ways of Acquiring Securities in the Conditions of the Slovak Republic." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 66, no. 6 (2018): 1589–99. http://dx.doi.org/10.11118/actaun201866061589.

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One of the basic tools of the capital market are securities. Under the currently valid and effective legislation, ownership of securities can be acquired through three types of scrambling contracts. It is a contract for the purchase of securities, a contract for the donation of securities and a contract for the loan of a security. These contract types are primarily regulated in the Securities Act as the “lex specialis” of securities law, with subsequent reference to the legal regulation contained in the Civil Code and the Commercial Code. The authors are focused on a donation of securities lending of securities, which are used in practice only a little, or even at all. For this reason, no attention is paid to them either by legal theorists. The authors, through scientific and doctrinal interpretation, examine the selected provisions of the Securities Act, the Civil Code and the Commercial Code relating to the issues of these agreements. Through professional literature and court decisions, they are looking for answers to practical application problems. Last but not least, they compare legal regulations in Slovakia and the Czech Republic and point to the differences. The study of the selected issues related to the acquisition of securities in the conditions of the Slovak Republic represents the main objective of this contribution, which affects also the area of economics or financial management. Priority, however, is in the area of financial law with significant transitions to civil and commercial law.

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38

Rosenblum, Robert H., Susan A. Gault-Brown, and Amy B. Caiazza. "Peer-to-peer lending platforms: securities law considerations." Journal of Investment Compliance 16, no. 3 (September 7, 2015): 15–18. http://dx.doi.org/10.1108/joic-06-2015-0038.

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Purpose – To provide an overview of the basic model used by many peer-to-peer lending platforms and some of the key peer lending regulatory and structuring considerations under the federal securities laws. Design/methodology/approach – Explains how the basic peer lending model works, how “borrower dependent notes” or “BDNs” may be offered in private placements or less commonly through public offerings, how companies engaged in peer lending are compensated, how sponsors of peer lending programs generally avoid registration as broker-dealers under the Securities Exchange Act of 1934, as investment advisers under the Investment Advisers Act of 1940 and as investment companies under the Investment Company Act of 1940, and how peer lending platforms are structured to take into account the laws that govern online transactions, consumer privacy, and other related issues. Findings – The authors expect that peer-to-peer lending platforms will continue to mature and evolve, and they expect that the issues discussed in this article will continue to drive their structuring decisions, business models, and regulatory compliance under the federal securities laws. Originality/value – Practical guidance from experienced financial services lawyers.

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39

Nan, Yu-mei. "A Study on Takeover Regulation inChinese Securities Law." Chinese Law Review 15, no. ll (June 2011): 1–33. http://dx.doi.org/10.22415/clr.2011.15..001.

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40

Smethurst, J., and J. Benjamin. "Restatement of the law relating to client securities." Capital Markets Law Journal 4, no. 3 (June 19, 2009): 311–22. http://dx.doi.org/10.1093/cmlj/kmp014.

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41

Bossu, W., and E. Addo Awadzi. "Private law underpinnings of public debt securities markets." Uniform Law Review - Revue de droit uniforme 18, no. 3-4 (December 1, 2013): 564–88. http://dx.doi.org/10.1093/ulr/unt025.

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42

Hasson, Kirke M. "{BLR 1941} Gensia Pharmaceuticals - Securities Law - Clinical Trials." Biotechnology Law Report 14, no. 1 (January 1995): 24–25. http://dx.doi.org/10.1089/blr.1995.14.24.

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43

Mangano, Renato. "Blockchain Securities, Insolvency Law and the Sandbox Approach." European Business Organization Law Review 19, no. 4 (November 13, 2018): 715–35. http://dx.doi.org/10.1007/s40804-018-0123-5.

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44

范, 雁楠. "Research on the Extraterritorial Application of Securities Law." Dispute Settlement 07, no. 03 (2021): 105–12. http://dx.doi.org/10.12677/ds.2021.73014.

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45

Besorai, Ahal. "Israel: Securities Regulation." Journal of Financial Crime 3, no. 1 (February 1995): 110–11. http://dx.doi.org/10.1108/eb025689.

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46

Smith, Russell G., and Peter N. Grabosky. "Online Securities Fraud." Journal of Financial Crime 9, no. 1 (March 2001): 54–70. http://dx.doi.org/10.1108/eb026007.

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47

Fischer-Appelt, Dorothee. "The European Securities and Markets Authority: the beginnings of a powerful European securities authority?" Law and Financial Markets Review 5, no. 1 (January 2011): 21–32. http://dx.doi.org/10.5235/175214411794390057.

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48

Connelly, Mark Q. "Multinational Securities Offerings: A Canadian Perspective." Law and Contemporary Problems 50, no. 3 (1987): 251. http://dx.doi.org/10.2307/1191673.

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49

Scott, Hal S. "Internationalization of Primary Public Securities Markets." Law and Contemporary Problems 63, no. 3 (2000): 71. http://dx.doi.org/10.2307/1192324.

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50

D., K. J. "Auctioning New Issues of Corporate Securities." Virginia Law Review 71, no. 8 (November 1985): 1381. http://dx.doi.org/10.2307/1073007.

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