SFC Investigations and Enforcement Proceedings PDF Download

Author: Nathan Dentice
Publisher:
ISBN: 9789888600205
Category : Futures
Languages : en
Pages : 1077

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Author: Judith Seddon
Publisher: Law Business Research Ltd.
ISBN: 1912377837
Category :
Languages : en
Pages : 987

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Book Description
There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.

Author: International Monetary Fund. Monetary and Capital Markets Department
Publisher: International Monetary Fund
ISBN: 1498305989
Category : Business & Economics
Languages : en
Pages : 223

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Book Description
This Financial Sector Assessment Program report on People’s Republic of China–Hong Kong Special Administrative Region highlights that it has developed a sound framework for the regulation of securities markets, which exhibits a high level of implementation of the International Organization of Securities Commissions Principles. Both the Securities and Futures Commission (SFC) and the Hong Kong Monetary Authority (HKMA) are sophisticated regulators and have been able to leverage from domestic and international expertise to develop sound supervisory practices. Further, while traumatic, the Lehman minibond experience has led to material improvements in conduct supervision that have permeated both the SFC and the HKMA. Continuing efforts by the SFC to build up its capacity to identify and monitor emerging risks should increase the SFC’s ability to react in a timely manner to an evolving landscape, marked by an increased interconnection with the Mainland China, an active presence by international players and increased regional competition as an international finance center. It is important to consider translating the operational independence that the regulators have enjoyed into de-jure independence, through modifications in the current legal governance arrangements for both SFC and HKMA.

Author: Emilios Avgouleas
Publisher: Cambridge University Press
ISBN: 110847036X
Category : Business & Economics
Languages : en
Pages : 531

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Book Description
Examines the law and policy of financial regulation using a combination of conceptual analysis and strong empirical research.

Author: Financial Crisis Inquiry Commission
Publisher: Cosimo, Inc.
ISBN: 1616405414
Category : Political Science
Languages : en
Pages : 692

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Book Description
The Financial Crisis Inquiry Report, published by the U.S. Government and the Financial Crisis Inquiry Commission in early 2011, is the official government report on the United States financial collapse and the review of major financial institutions that bankrupted and failed, or would have without help from the government. The commission and the report were implemented after Congress passed an act in 2009 to review and prevent fraudulent activity. The report details, among other things, the periods before, during, and after the crisis, what led up to it, and analyses of subprime mortgage lending, credit expansion and banking policies, the collapse of companies like Fannie Mae and Freddie Mac, and the federal bailouts of Lehman and AIG. It also discusses the aftermath of the fallout and our current state. This report should be of interest to anyone concerned about the financial situation in the U.S. and around the world.THE FINANCIAL CRISIS INQUIRY COMMISSION is an independent, bi-partisan, government-appointed panel of 10 people that was created to "examine the causes, domestic and global, of the current financial and economic crisis in the United States." It was established as part of the Fraud Enforcement and Recovery Act of 2009. The commission consisted of private citizens with expertise in economics and finance, banking, housing, market regulation, and consumer protection. They examined and reported on "the collapse of major financial institutions that failed or would have failed if not for exceptional assistance from the government."News Dissector DANNY SCHECHTER is a journalist, blogger and filmmaker. He has been reporting on economic crises since the 1980's when he was with ABC News. His film In Debt We Trust warned of the economic meltdown in 2006. He has since written three books on the subject including Plunder: Investigating Our Economic Calamity (Cosimo Books, 2008), and The Crime Of Our Time: Why Wall Street Is Not Too Big to Jail (Disinfo Books, 2011), a companion to his latest film Plunder The Crime Of Our Time. He can be reached online at www.newsdissector.com.

Author: International Monetary Fund. Monetary and Capital Markets Department
Publisher: International Monetary Fund
ISBN: 1498383777
Category : Business & Economics
Languages : en
Pages : 157

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Book Description
SUMMARY The Korean authorities have made significant progress since the last FSAP in revising the securities regulatory framework, with the current framework achieving good overall compliance with the International Organization of Securities Commissions (IOSCO) Principles. Importantly, the earlier legal impediments to international cooperation and exchange of information have been removed. Since 2011, Korea also applies the Korean International Financial Reporting Standards (K-IFRS) that follow the International Financial Reporting Standards (IFRS). Although the regulators’ responsibilities are defined in legislation, the complexity of the structure obscures the transparency of the decision-making processes. The responsibility for deciding on a particular supervisory or enforcement action can lie either at the Financial Services Commission (FSC), Securities and Futures Commission (SFC), or Financial Supervisory Service (FSS), depending on the nature and gravity of action, but it is not always clear which one of them is ultimately in charge. The process is further complicated by the use of pre-deliberation committees at various levels. Self-regulatory organizations—the Korea Exchange (KRX), the Korea Financial Investment Association (KOFIA) and the Korean Institute of Certified Public Accountants (KICPA)— also play a role in the regulatory and supervisory processes. Publication of additional information on the decision-making structure and processes would be beneficial. Operational cooperation and coordination between the various authorities is currently addressed by having the agencies represented in each others’ decision-making bodies. However, the full participation of the Minister of Strategy and Finance at the FSC Board has the potential of compromising the independence of the FSC’s supervisory and enforcement decisions. Consideration should be given on how best to mitigate the potential for undue political influence arising from such governance arrangements by, for example, restricting the participation of the Minister of Strategy and Finance in the supervisory and enforcement decisions. Attention should also be paid to ensuring that the various arrangements for gathering commercial input provide for equal and transparent treatment of market participants.

Author: Brian T. Fitzpatrick
Publisher:
ISBN: 1108803881
Category : Law
Languages : en
Pages : 578

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Book Description
Economic activity is more globally integrated than ever before, but so is the scope of corporate misconduct. As more and more people across the world are affected by such malfeasance, the differences in legal redress have become increasingly visible. This transparency has resulted in a growing convergence towards an American model of robust private enforcement of the law, including the class-action lawsuit. This handbook brings together scholars from nearly two dozen countries to describe and assess the class-action procedure (or its equivalent) in their respective countries and, where possible, to offer empirical data on these systems. At the same time, the work presents a variety of multidisciplinary perspectives on class actions, from economics to philosophy, making this handbook an essential resource to academics, lawyers, and policymakers alike.

Author: William Savitt
Publisher:
ISBN: 9781910813645
Category :
Languages : en
Pages : 310

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Author: United States
Publisher:
ISBN:
Category : Banking law
Languages : en
Pages : 114

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Book Description

Author: Will Hayes
Publisher: Oxford University Press
ISBN: 0192675230
Category : Law
Languages : en
Pages : 305

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Book Description
Legal Professional Privilege in Criminal Investigations and Proceedings is concerned with the law of legal professional privilege and its practical application in criminal cases and internal investigations, providing a single point of reference for all criminal practitioners regardless of the type of case in which they are involved. Focused and structured around the practical issues that criminal lawyers encounter and the stage in proceedings at which they typically arise, the book offers guidance and analysis on issues such as communicating with third parties to obtain evidence for trial, invoking the crime-fraud exception in criminal proceedings, and the effect on privilege of disclosing the reasons for advice to answer no comment. The authors also discuss the relationship between privilege and powers of search and seizure, conducting privilege reviews, compelled interviews, reference to privileged material in an expert's report, and prosecution privilege and disclosure obligations. Finally, the volume addresses corporate co-operation and waiver of privilege, inadvertent waiver by lawyers at court, appeals based on criticism of previous legal representatives and fresh evidence, and the extent to which privilege can apply to internal investigation witness interviews and fact-finding reports. Legal Professional Privilege in Criminal Investigations and Proceedings will provide vital guidance for criminal defence lawyers - both solicitors and barristers - as well as those involved in the criminal justice system more widely, including prosecution lawyers, investigators, independent counsel undertaking privilege reviews, and members of the judiciary who are asked to determine privilege issues in criminal proceedings.