Financial Conglomerates and the Chinese Wall

Financial Conglomerates and the Chinese Wall

Author: Harry McVea

Publisher:

Published: 1993

Total Pages: 312

ISBN-13:

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The growth of financial conglomerates, offering a range of services hitherto unprecedented, has caused problems for regulators. While conglomerates bring with them many economic benefits (diversification of risk, economies of scope, etc), they also impose costs (systemic risk and conflict of interest abuses). This book explores ways in which regulators can ensure that the regulation imposed is sufficiently strong to eradicate these abuses, but at the same time sufficiently flexible to allow the benefits of conglomeration to be secured. The Chinese Wall-a regulatory mechanism aimed at stemming the flow of information from one department in a firm to another, and reconciling conflicts of interest more generally-is singled out for special treatment. The legal position of the device, which has become all the more important in the wake of the recent Law Commission inquiry into the relationship between the Financial Services Act 1986 (and the rules made under it) and the general law, is considered in detail. The author argues that an effective Chinese Wall will, in most cases, be legally sufficient to absolve a firm from potential liability at general law, but that there are situations where Chinese Walls are not satisfactory. Here the conglomerate will have to suffer the commercial disadvantages of being a fiduciary by adopting a different, albeit more restrictive, regulatory option.


Financial Conglomerates

Financial Conglomerates

Author: Lutgart A.A. Van den Berghe

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 196

ISBN-13: 9401104131

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The last couple of years, financial conglomerates have been established all over Europe. This horizontal diversification has not only attracted a great deal of attention in the banking and insurance sector but has also alarmed the supervisory authorities and the European Commission. Although the benefits of financial conglomerates are straightforward, it is clear that quite a number of potential risks can not be ignored. Since the phenomenon of "financial conglomeration" is rather new, the regulators do not possess a great deal of objective, scientific reference bases on which to construct the necessary regulations. Moreover the complexities and specific char acteristics of the financial conglomerates do not permit a simple extrapolation of the rules for industrial conglomerates. Even the extrapolation of banking regula tions to insurance groups and vice versa poses a lot of difficult questions. These observations lie at the origin of the research carried out at the Erasmus Finance and Insurance Centre (EPIC at the Erasmus University in Rotterdam), in collaboration with the Impulse Centre for Financial Services and Insurance (ALEA at the Vlerick School of Management of the University of Ghent). To confront the research results with the expertise of the business world and the supervisory authorities a workshop was organised in Rotterdam (1994). This publication is partly based on these research results and the workshop discussions. Three main blocs can be distinguished: the definition of financial conglomerates; the potential risks and the regulatory aspects; the strategic issues.


China's Great Wall of Debt

China's Great Wall of Debt

Author: Dinny McMahon

Publisher: HarperCollins

Published: 2018-03-13

Total Pages: 285

ISBN-13: 1328846024

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A stunning inside look at how and why the foundations upon which China has built the world’s second largest economy, have started to crumble. Over the course of a decade spent reporting in China as a financial journalist, Dinny McMahon came to the conclusion that the widely held belief in China’s inevitable economic ascent is dangerously wrong. In this unprecedented deep dive, McMahon shows how, lurking behind the illusion of prosperity, China’s economic growth has been built on a staggering mountain of debt. While stories of newly built but empty cities, white elephant state projects, and a byzantine shadow banking system have all become a regular fixture in the press, McMahon goes beyond the headlines to explain how such waste has been allowed to flourish, and why one of the most powerful governments in the world has been at a loss to stop it. Through the stories of ordinary Chinese citizens, McMahon tries to make sense of the unique—and often bizarre—mechanics of the nation’s economy, whether it be the state’s addiction to appropriating land from poor farmers; or why a Chinese entrepreneur decided it was cheaper to move his yarn factory to South Carolina; or why ambitious Chinese mayors build ghost cities; or why the Chinese bureaucracy was able to stare down Beijing’s attempts to break up the state’s pointless monopoly over table salt distribution. Debt, entrenched vested interests, a frenzy of speculation, and an aging population are all pushing China toward an economic reckoning. China’s Great Wall of Debt unravels an incredibly complex and opaque economy, one whose fortunes—for better or worse—will shape the globe like never before.


Research Handbook on Fiduciary Law

Research Handbook on Fiduciary Law

Author: D. Gordon Smith

Publisher: Edward Elgar Publishing

Published:

Total Pages: 471

ISBN-13: 1784714836

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The Research Handbook on Fiduciary Law offers specially commissioned chapters written by leading scholars and covers a wide range of important topics in fiduciary law. Topical contributions discuss: various fiduciary relationships; the duty of loyalty and other fiduciary obligations; fiduciary remedies; the role of equity; the role of trust; international and comparative perspectives; and public fiduciary law. This Research Handbook will be of interest to readers concerned with both theory and practice, as it incorporates significant new insights and developments in the field.


International Banking Regulation:Law, Policy and Practice

International Banking Regulation:Law, Policy and Practice

Author: George Walker

Publisher: Kluwer Law International B.V.

Published: 2001-12-06

Total Pages: 654

ISBN-13: 904119794X

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This work offers a comprehensive examination of the development and structure of the provisions for the control of international financial markets. It explores the background to the major financial crises of the late 20th-century and the nature of the global response.


Encyclopedia of Alternative Investments

Encyclopedia of Alternative Investments

Author: Greg N. Gregoriou

Publisher: CRC Press

Published: 2008-08-18

Total Pages: 590

ISBN-13: 1420064894

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A pioneering reference essential in any financial library, the Encyclopedia of Alternative Investments is the most authoritative source on alternative investments for students, researchers, and practitioners in this area. Containing 545 entries, the encyclopedia focuses on hedge funds, managed futures, commodities, and venture capital. It features


Takeovers in English and German Law

Takeovers in English and German Law

Author: Jennifer Payne

Publisher: Hart Publishing

Published: 2002-11-06

Total Pages: 194

ISBN-13: 184113340X

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This book examines the law with regard to takeovers in England and Germany and the issues arising from cross-border mergers between them.


Serving Two Masters

Serving Two Masters

Author: Janine Griffiths-Baker

Publisher: Hart Publishing

Published: 2002-12-05

Total Pages: 227

ISBN-13: 1841132292

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Based on interviews with lawyers and their clients, this book considers how conflicts of interest are handled within law firms.


The Cambridge Handbook of Twin Peaks Financial Regulation

The Cambridge Handbook of Twin Peaks Financial Regulation

Author: Andrew Godwin

Publisher: Cambridge University Press

Published: 2021-07-15

Total Pages: 595

ISBN-13: 1316946886

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First proposed in 1994, the Twin Peaks model of financial system regulation employs two specialist peak regulators: one charged with the maintenance of financial system stability, and the other with market conduct and consumer protection. This volume, with contributions from over thirty scholars and senior regulators, provides an in-depth analysis of the similarities and differences in the Twin Peaks regimes that have been adopted around the world. Chapters examine the strengths and weaknesses of the model, provide lessons from Australia (the first to adopt the model), and offer a comparative look at the potential suitability of the model in leading non-Twin Peaks jurisdictions. A key resource for central bankers, public policy analysts, lawyers, economists, politicians, academics and students, this work provides readers with a comprehensive understanding of the Twin Peaks model, and a roadmap for countries considering its adoption.