Bibliographic Information

The new U.K. securities legislation and the E.C. 1992 program

J.H. Dalhuisen

(Verhandelingen afdeling Letterkunde / Koninklijke Nederlandse Akademie van Wetenschappen, nieuwe reeks, deel 142)

North-Holland, 1989

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Includes bibliographical references

Description and Table of Contents

Description

The concerns of this book are the new environment in the European Capital Markets after the substantial deregulation and internationalization that has recently taken place, and the reregulation of these markets, particularly after the Big Bang in the U.K. and now also at E.C. level. The U.K. has frequently been in the forefront of new developments in Western Europe regarding the area of banking supervision and recently in the supervision of securities activities. Although it has not always immediately found the most effective solutions, its endeavours in these difficult areas are inevitably of great interest and bound to have considerable influence elsewhere.

Table of Contents

The U.K. and E.C. Regulatory Approaches in the Financial Services Area. The Basic Objectives of the Financial Services Act, Its Approach and Terminology. The Political Background of the New Act. The Major Conflicts of Interest. Current Approaches to Conflicts of Interest. The International Dimension. EEC. Present Status of E.C. Legislation. The Situation After the Second E.C. Banking Directive. The Investment Services Directive and Reciprocity. The Situation in Other E.C. Countries. Capital Adequacy, Segregation of Client Money and the Compensation Scheme. The Basic Notions of the New System. The SIB Rules. Special Capital Adequacy Problems, the Lead Regulator. Record Keeping, Financial Reporting and Delivery/Receipt Procedures. Segregation of Client Funds. The Compensation Scheme. Authorisation and Conduct of Business Rules, Stabilisation and Extra-Territorial Effect. The Basic Approach of the New U.K. System. Authorisation. Conduct of Business Rules: Categories of Investors, Business Letters, The Major Protections, Transactional Records, Customer Complaints, Arbitration and Discipline. Stabilisation. Extraterritoriality. Primary Market Activity: Listing and Prospectus Requirements. The EEC Impact. The Applicable E.C. Directives. The Listing of Securities in the U.K. Offers for Unlisted Securities in the U.K. International Cooperation. Inside Information. Modern Developments. Policy Considerations. Bank Secrecy Considerations. International Cooperation. Conclusion.

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