In this work, Christopher Chen examines and compares the regulation of over-the-counter derivatives in Hong Kong and Singapore regarding the reporting, clearing and trading mandates for regulating OTC derivatives in relation to developments in the US and Europe.
"Following the global financial crisis, the G20 committed to improve the regulation and supervision of over-the-counter (OTC) derivatives markets as part of efforts to strengthen the international financial regulatory system. MAS announced in July 2011 that it will meet the objectives set by G20 as well as recommendations by the Financial Stability Board (FSB) on the implementation of these objectives. MAS proposes to expand the scope f the Securities and Futures Act, Chapter 289 (SFA) to regulate OTC derivatives: (a) mandate the central clearing and reporting of OTC derivatives; (b) extend the current regulatory regimes for market operators, clearing facilities and capital markets intermediaries to OTC derivatives; and (c) introduce a new regulatory regime for trade repositories."--Preface.
Author: United States. Congress. House. Committee on Appropriations. Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies
This book provides a straightforward and up-to-date analysis of the wide range of issues surrounding the use of derivatives in common law countries. It is the only work of its kind that focuses on derivatives law and regulation in Australia, New Zealand, Singapore, Malaysia and Hong Kong. Topics covered include: the nature of derivatives key legal issues standard market documentation derivatives regulation recent market developments regulatory reform This work will be of significant interest to bankers, lawyers, regulators and academics wanting to gain a better understanding of this complex subject.
This study analyzes the key issues and constraints -- in terms of efficiency, access and safety and soundness -- faced by East Asian countries in developing their financial markets which are at different stages of development, drawing on global experience. The study takes stock of the initiatives being undertaken at the regional level to foster greater financial integration as a means of deepening and diversifying financial markets, and on the policy issues that need to be addressed at the domestic level to deepen and diversify financial markets and to actually benefit from the actions that are being taken at the regional level.
There is much speculation regarding a “race for dominance” among financial centers in Asia, arising from the anticipated financial opening up of China. This frame of reference is, to an extent, a predilection that results from a traditional understanding of financial centers as possessing historical, geographic, and scale economy advantages. This paper, however, suggests that there is an alternative prism through which the evolution of financial centers in Asia needs to be viewed. It underscores the importance of “complementarity” rather than “dominance” to better serve regional and global financial stability. We posit that such complementarity is vital, through network analysis of the roles of Hong Kong SAR and Singapore as the current leading financial centers in the region. This analysis suggests that a competition for dominance can result in de-stabilizing levels of interconnectivity that render the global “network” as a whole more susceptible to rapid propagation of shocks. We then examine the regulatory and policy challenges that may be encountered in furthering such complementary coexistence.
This book provides a unique comparative and global analysis of the regulation of disclosure in financial (securities) markets. It is written by two authors who represent both the new world (Australia) and the old world (Germany). The authors present their research in the global business context, with legal and regulatory perspectives including some references from Africa, Asia, the Middle East and South America. After every “boom” and “bust”, legislators pass new disclosure legislation, often in a heated environment fuelled by politics and the media. Little regard is paid to existing regulation or the lessons learned from earlier regulation. The result is the continuing enactment of redundant and overlapping disclosure laws. Since financial markets are often described as markets for information, the failure to ensure disclosure is at the heart of financial services regulation. This book argues that the solution to the failure of disclosure is a brief, easily understood, principles-based, plain English safety-net amendment to statute law such as “you must keep the financial market fully informed”, a measure that would support effective mandatory continuous disclosure of information to financial markets. This book examines the reasons for disclosure regulation, and how the efficient operation of financial markets is dependent on disclosure. It examines the adequacy of common law and civil law concerning broker/client disclosure, and concludes that industry licensing in itself fails to keep the market informed. While recognizing the failures of securities commissions to achieve good disclosure in financial markets, it confirms the effectiveness of coregulation of disclosure by a commission with the support of the financial markets (such as the stock exchange). Coregulation builds on financial market self-regulation, and is best described in the words of one-time SEC Chairman William O. Douglas, who, in the 1930s, described it as a shotgun behind the door.