KAREN ANDERSON, CHRIS BATES and GEORGE STAPLE
A “complete” overhaul of the financial services industry in the United Kingdom has changed the landscape considerably. The authors have outlined some of the events that prompted…
Abstract
A “complete” overhaul of the financial services industry in the United Kingdom has changed the landscape considerably. The authors have outlined some of the events that prompted the change. They take you along a road map of the new structure exploring the breadth and scope of the Financial Services Authority (FSA).
James McAlexander, Rachel Nelson and Chris Bates
Entrepreneurship is a source of innovation, job creation, and vibrancy for local and regional economies. As a direct result, there is a profound interest in creating an…
Abstract
Entrepreneurship is a source of innovation, job creation, and vibrancy for local and regional economies. As a direct result, there is a profound interest in creating an infrastructure that effectively encourages entrepreneurship and incubates entrepreneurial endeavors. Western State University has responded to this call by developing the Harvey Entrepreneurship Program, which is integrated in the Enterprise Residential College.The Harvey program provides a socially embedded experiential learning approach to entrepreneurial education. Faculty, students, entrepreneurs, and technical experts are drawn together in an environment that provides space for business incubators and an entrepreneurially focused curriculum. In this article, we present a case study in which we use qualitative research methods to explore the benefits and challenges of creating such a program.The delivery model that Enterprise Residential College provides for entrepreneurial education is examined through the perspectives of program administrators, faculty, and students. The findings reveal evidence that a residential college can form a powerful nexus of formal instruction, experiential learning, socialization, and networking to influence entrepreneurship. We discuss relevant findings that may aid others considering similar endeavors.
Henri Irrthum, Du Pont de Nemours International S.A., Geneva, has been named director of titanium dioxide (TiO2) operations for Du Pont's White Pigments and Mineral Products…
Abstract
Henri Irrthum, Du Pont de Nemours International S.A., Geneva, has been named director of titanium dioxide (TiO2) operations for Du Pont's White Pigments and Mineral Products businesses with E.I. du Pont de Nemours and Company, Wilmington, Delaware, U.SA He succeeds Dennis H. Reilley, who was recently promoted to vice president and general manager — White Pigment and Mineral Products.
Chris Bates, Carlos Conceicao, Guy Norman, David Pudge and Patrick Sarch
The purpose of this paper is to explain the FSA's new disclosure regime for short selling during rights issues, which it introduced by amending the Code of Market Conduct (MAR 1…
Abstract
Purpose
The purpose of this paper is to explain the FSA's new disclosure regime for short selling during rights issues, which it introduced by amending the Code of Market Conduct (MAR 1) under the Financial Services and Markets Act 2000 (FSMA).
Design/methodology/approach
The paper outlines the new provisions; explains the legal basis for the new regime; details the specific additions to the Code of Market Conduct; discusses the use of the UK super‐equivalent positions; explains the lack of FSA consultation based on urgent need for action; discusses practical issues for market participants, including compliance systems and controls; provides answers to frequently asked questions (FAQs) relating to the scope of the regime in terms of issuers and transactions covered, the applicability of the disclosure requirement to pre‐existing positions, the timing of intra‐day positions, netting of short and long positions for the purpose of calculating whether a short position reaches the threshold, including short positions in a rights issue in the calculation of the overall net short position, the exclusion of positions an entity holds in its capacity as a market maker, the requirement for the legal entity that holds the short position to make the required disclosures but not to aggregate positions held by its affiliates, the means of disclosure, disclosure deadlines, the content of disclosures, and disclosure of changes in position; and indicates likely further FSA action.
Findings
The new measures require market disclosure of short positions of 0.25 per cent or more in companies undertaking rights issues. The deadline for required disclosures is 3.30 pm on the business day following the day the short position threshold is reached. The new rules apply to shares in UK‐listed companies from 20 June 2008. The measures have been implemented as changes to the Code of Market Conduct rather than FSA rules as such. Rather than carrying out a consultation and cost‐benefit analysis as normally required by the FSMA, the FSA apparently relied on the FSMA's provisions that allow immediate amendments in cases of urgent need. The FSA is undertaking a wider review of the capital‐raising process and considering other measures, such as restrictions on stock lending.
Practical implications
On an ongoing basis firms need to have in place systems and controls that identify announcements by companies that they are undertaking rights issues subject to the regime and provide the means to calculate the level of positions held by the firm that might require disclosure.
Originality/value
The paper offers practical guidance by experienced securities lawyers.
Details
Keywords
Chris Bates, Carlos Conceicao, Mark Poulton and David Pudge
The purpose of this paper is to explain changes to Chapter 5 of the UK Disclosure and Transparency Rules (DTR 5), introducing new disclosure requirements relating to holdings of…
Abstract
Purpose
The purpose of this paper is to explain changes to Chapter 5 of the UK Disclosure and Transparency Rules (DTR 5), introducing new disclosure requirements relating to holdings of financial instruments that have a similar economic effect to shares, such as CfDs, that took effect on June 1, 2009.
Design/methodology/approach
The paper explains the principles behind the extended disclosure regime and summarizes questions and answers from the FSA to assist market participants' understanding of that regime, covering issues such as domicile of the issuer, instruments covered, how a disclosable holding is calculated, the inclusion of financial instruments relating to unissued shares, treatment of holdings acquired before June 1, 2009, potential double counting, how the regime applies to intra‐group movements of holdings and delta‐adjusted reporting, and exemptions for client‐serving intermediaries, market timing, trading books, and investment management.
Findings
Qualifiying financial instruments give a legal right to acquire (on the holder's own initiative) shares already in issue and with voting rights attached. The policy behind the new regime is to require the disclosure of financial instruments with similar economic effect to qualifying financial instruments which are used to build stakes in companies.
Originality/value
The paper presents practical guidance from experienced financial institution and securities lawyers.
Details
Keywords
Simon Gleeson, Chris Bates and Charles Morris
The aim of this paper is to discuss the implications of the UK Financial Services Authority (FSA) January 25, 2011 discussion paper, DP11/1 Product Intervention.
Abstract
Purpose
The aim of this paper is to discuss the implications of the UK Financial Services Authority (FSA) January 25, 2011 discussion paper, DP11/1 Product Intervention.
Design/methodology/approach
The paper discusses the FSA's previous regulatory approach; the limited usefulness of disclosure in consumer protection; the impact of trends toward a direct adviser fee structure and the phasing out of commission‐based remuneration; the FSA's perceived need to become more directly involved in the product development process; various ways in which the FSA might intervene including product pre‐approval, product banning, and price intervention; and possible limitations on the FSA's power to intervene.
Findings
The key issues raised by the FSA discussion paper are a new interventionist stance taken by the FSA and prospectively by its successor the Financial Conduct Authority (FCA); the increased focus on the product itself (in addition to disclosure and point of sale); and the possible extension in the scope of the FSA's existing powers.
Originality/value
The paper provides practical insight from experienced financial services lawyers.
Details
Keywords
This article briefly outlines the main objectives of the Ministry of Agriculture, Fisheries and Food (MAFF) programme of research in support of dietary surveys. It summarises the…
Abstract
This article briefly outlines the main objectives of the Ministry of Agriculture, Fisheries and Food (MAFF) programme of research in support of dietary surveys. It summarises the current portfolio of projects, then discusses in more depth the six projects being undertaken on further analysis of data from government dietary surveys, drawing on papers presented by the researchers at the annual meeting of this programme in London on 2 June 1998.
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Heads up BCI's Metal Finishing Division. Brian Garner (47) has been appointed chairman of the Metal Finishing Division of Brent Chemicals International PLC. He is currently…
Abstract
Heads up BCI's Metal Finishing Division. Brian Garner (47) has been appointed chairman of the Metal Finishing Division of Brent Chemicals International PLC. He is currently managing director of Pyrene Chemical Services, Britain's leading supplier of pretreatment chemicals and a major company within the Brent Chemicals International group. He joined Pyrene in 1976 as marketing director, becoming managing director in 1980.