{"title":"The Hayne report – one giant leap forward for Australia","authors":"Terry A. Marsh, Gene Phillips","doi":"10.1080/17521440.2019.1605663","DOIUrl":null,"url":null,"abstract":"We discuss the recommendations of the Royal Commission into Banking and its admirable restraint in avoiding the temptation to call for more regulation: the 2,300 page U.S. Dodd-Frank Act and its progeny have amply demonstrated the perils of that approach. We identify elements of the banking and advisory market that pose challenges in implementing the positive changes called for in the Commission’s Report, and potential solutions. We offer three favoured candidates for overcoming anticipated resistance to implementation: learning from the technology giants; creating a meaningful enforcement program; and building a regulatory measurement system that enables a broader spectrum of clients to better assess and compare providers’ performance.","PeriodicalId":43241,"journal":{"name":"Law and Financial Markets Review","volume":"13 1","pages":"157 - 161"},"PeriodicalIF":0.0000,"publicationDate":"2019-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17521440.2019.1605663","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law and Financial Markets Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/17521440.2019.1605663","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
We discuss the recommendations of the Royal Commission into Banking and its admirable restraint in avoiding the temptation to call for more regulation: the 2,300 page U.S. Dodd-Frank Act and its progeny have amply demonstrated the perils of that approach. We identify elements of the banking and advisory market that pose challenges in implementing the positive changes called for in the Commission’s Report, and potential solutions. We offer three favoured candidates for overcoming anticipated resistance to implementation: learning from the technology giants; creating a meaningful enforcement program; and building a regulatory measurement system that enables a broader spectrum of clients to better assess and compare providers’ performance.
我们讨论了皇家银行委员会(Royal Commission into Banking)的建议,以及它在避免呼吁加强监管的诱惑方面令人钦佩的克制:美国长达2300页的《多德-弗兰克法案》(Dodd-Frank Act)及其后续法案充分证明了这种做法的危险。我们确定了银行和咨询市场中对实施委员会报告中所要求的积极变革构成挑战的因素,以及潜在的解决方案。我们为克服预期的实施阻力提供了三种有利的选择:向科技巨头学习;制定有意义的执法计划;建立一个监管衡量体系,使更广泛的客户能够更好地评估和比较供应商的表现。
期刊介绍:
The Law and Financial Markets Review is a new, independent, English language journal devoted to providing high quality information, comment and analysis for lawyers specialising in banking and financial market issues and to others with interests in legal and regulatory developments affecting the financial markets. Published four times a year LFMR contains articles written by leading experts providing a forum for practical guidance on, as well as reflective and topical analysis of, all major jurisdictions, with a particular focus on the interaction between the law and market practice and behaviour.