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This paper, set in the context of a rationale for financial regulation, considers how the Financial Services Authority’s (the regulator) approach to establishing compliance competent organisations in the life assurance sector (the regulated) has evolved from a prescriptive approach to one of...
The German Banking Act (the Act) sets out the licensing requirements for the provision of cross‐border financial services into Germany. The licensing requirements under the Act incorporate the old licensing regime as well as subsequent EU regulations. The licensing requirements for non‐European...
This paper examines the Competition Commission report on the provision of small and medium‐sized enterprise (SME) banking services in the UK. The examination will centre on the perceived clash between the ‘remedies’ proposed by the Competition Commission and the present forms of lending decision...
The Financial Services Authority’s (FSA) proposals to revise best execution obligations will involve an extensive departure from existing practices. In particular, achieving the ‘best price’ will no longer be paramount. Firms will have to factor into the best execution equation other direct and...
Despite significant changes to the governing institutional framework and to operational procedures, a number of serious doubts remain concerning the cost‐effectiveness of banking regulation and supervision in Japan. This paper duly highlights these lingering doubts focusing, in particular, on...
This paper discusses the relationship between fraud and financial crises. Fraud is envisioned historically as a violation of trust, and the classic triangle of smuggling, contraband and enforcement sheds light on developments in the financial sphere. Schematically, fraud emerges with economic...
The staggered emergence of the new regulatory regime affecting the distribution of retail financial products in the UK is leading to industry players taking strategic decisions under increased uncertainty. While the debate over the final form of the regulation continues, this paper identifies...
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