Journal of Financial Regulation and Compliance: Volume 3 Issue 1

THE CAPITAL ADEQUACY REGULATION OF US BROKER‐DEALERS: A COMPARATIVE ANALYSIS — PART 1

RICHARD DALE

As financial markets across the world become more integrated, the potential for financial shocks to be transmitted both from one jurisdiction to another and from one financial…

A CRITICAL EVALUATION OF THE COMPLIANCE ADMINISTRATIVE CONTROL SYSTEM WITHIN ALBERT E SHARP AND ITS MOTIVATIONAL IMPACT UPON THOSE IT IS SUPPOSED TO CONTROL

GARY HAGLAND

Schedule 2 of the Financial Services Act 1986 (FSA) was amended by s. 204(1) of the Companies Act 1989 to make it incumbent on self‐regulatory organisations (SROs) to have a…

HOW WILL THE MONEY LAUNDERING REGULATIONS WORK?

MICHAEL CLARKE

This paper looks at how the new money laundering regulations are likely to work, not in the light of the stringent penalties for failing to observe them, but of the practicalities…

CONSUMER PROTECTION IN RETAIL INVESTMENT SERVICES: PROTECTION AGAINST WHAT?

DAVID T. LLEWELLYN

Given the potential costs of regulation, the objectives and rationale of regulation need to be made clear. The paper argues that the ultimate rationale of regulation is not…

CIVIL DISCLOSURE AND FREEZING ORDERS: IMPACT OF US EXTRATERRITORIALITY PROVISIONS

ROWAN BOSWORTH‐DAVIES

The author examines the implications of the extraterritoriality provisions contained within the US Money Laundering Control Act 1986 and considers the impact that they have on…

MANIPULATIONS AND STOCK EXCHANGE TRANSACTIONS: THE APPLICATION OF THE GERMAN CRIMINAL CODE AND INSIDER DEALING PROVISIONS

HANS‐GÜNTHER NORDHUES

German law has recently taken an important and long‐overdue step in the battle against dishonesty on the stock markets by implementing EC directives 88/627 and 89/592…

THE IMPACT OF GLOBALISATION ON TODAY'S BUSINESS, AND WHY INFORMATION SYSTEM SECURITY IS STRATEGIC

IAN O. ANGELL

In this paper Professor Angell gives his predictions for the effect of global communication networks on the world economy and in particular on governmental and company structures…

REGINA v INVESTORS COMPENSATION BOARD EX PARTE BOWDEN & ANOTHER

Balcombe, Rose LJJ, J Hutchison

A number of investors, among them the appellants in this case, took out ‘home income plans’ (HIPs) promoted by insurance brokers who were FIMBRA members. Mortgage loans were…

(1) WESTDEUTSCHE LANDESBANK GIROZENTRALE v ISLINGTON LONDON BOROUGH COUNCIL

Dillon LJ, Leggatt LJ, Kennedy LJ

Westdeutsche Landesbank Girozentrale (hereinafter referred to as ‘the Bank’) entered into a ten‐year interest rate swap agreement with Islington London Borough Council…

DEPOSIT PROTECTION BOARD v BARCLAYS BANK PLC

Keith, Goff, Browne‐Wilkinson, Mustill, Lloyd

This case concerned the validity of a scheme entered into by some depositors in the Bank of Credit and Commerce International (hereinafter referred to as ‘BCCI’) in order to…

PERSONAL INVESTMENT AUTHORITY: RULE CHANGE

On 4th November, 1994 the PIA issued Rule Notice 4 which, as well as making certain amendments to the PIA (Commencement and Transitional Provisions) Rules 1994, introduces the…