Capital Markets

The Global Financial Crisis has exposed substantial structural flaws in the regulation of capital markets, in particular the impact of an exponential increase in the value of derivative trading as well as the operation of specifc sectors, including securitisation. The reform process mandated in Basel Three increases the capital charges of banks to securitisation exposure. This work dovetails with the reform agenda developed by the Financial Stability Board, the objective of which is to 'cooridnate at an international level the work of national financial authorities and international standard setrting bodies in order to develop and promote the implementation of effective regulatory, supervisory and other financai lsector polcies.' It assesses vulnerabilities, promote coordination and information exchange and monitors and advises on market practice and implications for regulatory capacity. It has launched a series of peer-review reports, which includes Australia (November 2011), Canada (January 2012) and Switzerland (January 2012). This series tracks these developments and the national responses.

US Regulatory Agencies Seek Comment on Proposed Rule on Incentive Compensation

Pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010, federal financial regulatory agencies have requested public comment on a joint proposed rule to ensure that regulated financial institutions design their incentive compensation arrangements to take account of risk.
Originally Published: 
Wednesday, March 30, 2011

European Securities and Markets Authority Outlines Future Regulatory Framework for Exchange-Traded Funds and Other UCITS Issues

The European Securities and Markets Authority has published a consultation paper setting out future guidelines on Undertakings for Collective Investment in Transferable Securities Exchange-Traded Funds and other Undertakings for Collective Investment in Transferable Securities related issues
Originally Published: 
Monday, January 30, 2012

Australian Treasury Releases Proposed Directors’ Liability Reforms to Harmonise Laws on Liability for Corporate Fault

The proposed Personal Liability for Corporate Fault Reform Bill 2012 (“Bill”) represents the first tranche of the Commonwealth Government’s response to the Directors’ Liability reform project, which forms part of the Council of Australian Governments’ National Partnership Agreement to Deliver a Seam
Originally Published: 
Friday, January 27, 2012

Australian Corporations and Markets Advisory Committee Releases Information Paper on Executive Remuneration

The Corporations and Markets Advisory Committee has published an information paper on some of the approaches taken in Australia and internationally in respect of the regulation of executive remuneration arrangements, including the use and implications of various types of incentives and reporting on
Originally Published: 
Thursday, July 14, 2011

Australian Corporations and Markets Advisory Committee Releases Report on Derivatives

The report prepared by the Corporations and Markets Advisory Committee responds to a request from the Australian Government for advice on the suitability of the legislative definition of “derivative” for today’s derivatives markets and whether it may be possible to decrease complexity in this area o
Originally Published: 
Thursday, December 22, 2011

Australian Corporations and Markets Advisory Committee Releases Report on Executive Remuneration

The Corporations and Markets Advisory Committee has released a report examining the possibility of reducing the complexity of executive remuneration reports and revising the remuneration setting framework to simplify the incentive components of these arrangements.
Originally Published: 
Friday, April 29, 2011

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