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Keywords: Legislation
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Journal Articles
Dutch investment advisors’ perceptions towards the MiFID II directive
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Journal of Financial Regulation and Compliance (2021) 29 (2): 202–217.
Published: 18 December 2020
...Tom Loonen Purpose The Markets in Financial Instruments Directive (MiFID) II directive was enforced in the EU in January 2018. While EU-member states implemented this directive in their national legislation, investment firms are still enforcing compliance. With the purpose of “investor protection...
Journal Articles
Meta‐regulation of OTC derivatives contracts post reform
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Journal of Financial Regulation and Compliance (2013) 21 (2): 188–200.
Published: 03 May 2013
... to credit (Skeel and Partnoy, 2007 ; Scheerer, 2007 ; Cerulus, 2012). © Emerald Group Publishing Limited 2013 Derivative markets Legislation Financial regulation Governance United States of America Dodd‐Frank Meta‐regulation Self‐governance In the aftermath of the 2008...
Journal Articles
The conundrum of legislating risk reduction through financial regulatory reform: The case of Dodd‐Frank and FASB accounting changes
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Journal of Financial Regulation and Compliance (2013) 21 (2): 150–163.
Published: 03 May 2013
...James F. Gilsinan; Neil Seitz; James Fisher; Muhammad Q. Islam; James Millar Purpose The purpose of this paper is to examine the legislative process, in order to determine the likely effectiveness of financial reform efforts in the USA. Design/methodology/approach Case study of the legislative...
Journal Articles
Legally scored
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Journal of Financial Regulation and Compliance (2013) 21 (1): 39–50.
Published: 15 February 2013
...Wen Li Chan; Hsin‐Vonn Seow Purpose Achieving equal treatment of credit applicants has been a legitimate concern of legislators and the credit industry. However, measures taken to date in attempting to comply with anti‐discrimination laws arguably do not allow for the most effective use of credit...
Journal Articles
Co‐designing compliance to the Anti‐Money Laundering Act within the small and medium enterprise sector
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Journal of Financial Regulation and Compliance (2013) 21 (1): 84–101.
Published: 15 February 2013
.... Originality/value This paper is first of its kind to propose the use of “design” in order to improve the AML/CTF compliance indices. Larger financial institutions have resources and a history of exposure to anti‐money laundering legislation (Drummond, 2009), leading criminals to consider small businesses...
Journal Articles
Bank failure and deposit protection in the Isle of Man: A case study on investor protection in a British Isles offshore jurisdiction
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Journal of Financial Regulation and Compliance (2012) 20 (3): 322–351.
Published: 20 July 2012
... jurisdiction and its offshore development. Focussing on the period 1982‐2010, it discusses the three separate bank collapses and insular regulatory and legislative responses. The focal point of the paper is a critical evaluation of the new Isle of Man DCS including comparisons where appropriate with deposit...
Journal Articles
Central clearing for credit default swaps: A legal analysis of the new central clearing regulations in Europe and the US
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Journal of Financial Regulation and Compliance (2012) 20 (2): 212–244.
Published: 04 May 2012
... to central clearing in the EU and US regulatory initiatives. Finally, the paper is concluded with an evaluation of both legislations in the light of all previous analyses. Findings The research first shows that central clearing regulations rely on a series of presumptions, both concerning the gravity...
Journal Articles
Does flexibility hinder financial regulation? The case of CRA enforcement in the USA
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Journal of Financial Regulation and Compliance (2010) 18 (3): 193–200.
Published: 27 July 2010
.... Originality/value This is believed to be the first empirical study on bank‐specific factors associated with AA lending under the CRA. Drew Dahl can be contacted at: drew.dahl@usu.edu © Emerald Group Publishing Limited 2010 United States of America Banks Loans Legislation...
Journal Articles
Legal commentary
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Journal of Financial Regulation and Compliance (2010) 18 (3): 293–300.
Published: 27 July 2010
... Financial services Legislation Date of Judgment: 11 February 2010 The court in these proceedings had to decide certain preliminary issues of law arising out of a mis‐selling claim brought against Royal Bank of Scotland Plc (hereafter “the Bank”) by Titan Steel Wheels Ltd (hereafter “Titan...
Journal Articles
Bank failure and deposit protection in offshore Britain: the case of Guernsey
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Journal of Financial Regulation and Compliance (2010) 18 (3): 272–292.
Published: 27 July 2010
.... Legislation establishing Guernsey's deposit protection scheme is described and critically evaluated. Findings Guernsey's scheme is a rushed legislative reaction dominated by finance centre reputational concerns. The legislation is clear and comprehensive but the long‐term robustness of its funding model...
Journal Articles
FSA challenge in Court of Appeal to finding of Financial Services and Markets Tribunal on question of whether solicitors' firm had contravened financial promotion regime
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Journal of Financial Regulation and Compliance (2009) 17 (3): 349–356.
Published: 24 July 2009
... be contacted at: joanna.gray@ncl.ac.uk © Emerald Group Publishing Limited 2009 United Kingdom Legislation Financial services Regulation Solicitors (Financial Services Authority v. Fox Hayes: Court of Appeal (civil division): Lord Justice Longmore, Lord Justice Wilson, Lord...
Journal Articles
Special bank resolution and shareholders' rights: balancing competing interests
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Journal of Financial Regulation and Compliance (2009) 17 (3): 277–301.
Published: 24 July 2009
... examines the nature of the shareholders' rights and the legal protection afforded to them. In the European context, the relevant sources of law are the European Convention on Human Rights and the applicable community legislation. It considers different options for resolution within this framework ranging...
Journal Articles
How increased enforcement can offset statutory deregulation: The case of the Community Reinvestment Act
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Journal of Financial Regulation and Compliance (2007) 15 (3): 262–274.
Published: 31 July 2007
... regulators in the USA legislative changes regarded as “deregulation” also require a sympathetic and supportive administration to be realized. Originality/value The paper offers insights into how increased enforcement can offset statutory deregulation, focusing on the case of the Community Reinvestment...
Journal Articles
The Lamfalussy process four years on
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Journal of Financial Regulation and Compliance (2005) 13 (2): 110–120.
Published: 01 June 2005
... such as implementation and enforcement (Levels 3 and 4 of the Lamfalussy process), significant progress has been made in implementing the proposals contained in the original Lamfalussy Report. Preparation of EU legislation affecting securities markets is now more transparent, with better involvement of external...
Journal Articles
A brave new world: The impact of domestic and international regulation on money laundering prevention in the UK
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Journal of Financial Regulation and Compliance (2003) 11 (2): 138–145.
Published: 01 June 2003
...Antony Whitehouse © Emerald Group Publishing Limited 2003 Money laundering Legislation Proceeds of crime MLAC JMLSG FSA Journal of Financial Regulation and Compliance Volume 11 Number 2 A brave new world: The impact of domestic and international regulation on money laundering...
