Law & Society: Private Law - Financial Law eJournal最新文献_第7页

Relationship between Financial Advisory Designations and FINRA Misconduct 金融顾问指定与FINRA不当行为之间的关系

Law & Society: Private Law - Financial Law eJournal Pub Date : 2017-02-07 DOI: 10.2139/ssrn.2912977

Jeffrey Camarda

{"title":"Relationship between Financial Advisory Designations and FINRA Misconduct","authors":"Jeffrey Camarda","doi":"10.2139/ssrn.2912977","DOIUrl":"https://doi.org/10.2139/ssrn.2912977","url":null,"abstract":"FINRA registered representatives – commission securities salespeople – have come to be known as financial “advisors,” but are not required to generally put customers’ interests ahead of their own compensation and other interests, as are agents of fiduciary Registered Investment Advisors. This distinction is typically not recognized by consumers, and many registered representatives’ employers’ marketing claims encourage this misconception. The respective codes for CFP®, ChFC® and CFA® designees require higher ethical duties to clients than do FINRA rules, including subordinating their interests to clients’. Many such registrants hold these designations. FINRA requires the public disclosure of registrants’ criminal, regulatory, complaint, and other dubious history. This study examines the comparative disclosure magnitude and frequency of undesignated vs. designated registrants in Florida, and finds with high statistical significance that such adverse disclosure materially decreases for those that hold any one of these designees; it incidentally finds that misconduct increases with maleness, dual investment advisor/registered representative status, and life insurance sales licensure. This appears to be the first such study of adverse disclosure associations with financial designations, so adding to the emerging misconduct and advisors’ ethics literature. As the financial advisory profession evolves and regulators seek to enhance practice quality and duties to investors, these findings offer important policy and consumer choice insight.","PeriodicalId":137765,"journal":{"name":"Law & Society: Private Law - Financial Law eJournal","volume":"122 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132073442","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Consumer Experiences with Debt Collection: Findings from the CFPB's Survey on Consumer Views on Debt 消费者对债务催收的体验:CFPB关于消费者对债务看法的调查结果

Law & Society: Private Law - Financial Law eJournal Pub Date : 2017-01-12 DOI: 10.2139/ssrn.3790801

Cfpb Office of Research

引用次数: 6

Catch Me If You Can 如果你能抓住我

Law & Society: Private Law - Financial Law eJournal Pub Date : 2017-01-01 DOI: 10.2139/ssrn.2942607

Yoel Hecht, Yevgeny Mugerman

{"title":"Catch Me If You Can","authors":"Yoel Hecht, Yevgeny Mugerman","doi":"10.2139/ssrn.2942607","DOIUrl":"https://doi.org/10.2139/ssrn.2942607","url":null,"abstract":"Financial crime, often referred to as “white-collar” crime, is a severe issue all around the world. A recent FBI survey found that in the preceding twelve months, approximately one in every four United States citizens had fallen victim to financial crime in one form or another (fraud, money laundering, internal embezzlement, impersonation, forgery, blackmail, theft, etc.). The extent of financial crime in financial services companies over the past decade is (very cautiously) estimated at $100,000,000,000. In Israel, bank and insurance fraud has amounted to 1,000,000,000 ILS over the last ten years. In addition to the enormous reduction in profits, financial crimes in general and internal embezzlement in particular can have a dramatic impact on business organizations, and pose a threat to the continued existence of the organizations they affect. Despite the importance given to the matter by law enforcement agencies, crimes either remain undiscovered or are only discovered too late. Thus, business entities cannot rely upon the police for protection, and, for their own survival, must therefore undertake serious measures to combat financial crime themselves. The purpose of this article is to shed some light on the fight against financial crime, which has undergone significant progress in recent years due to technological developments. This will be done without exposing the full range of methods employed against financial crime.","PeriodicalId":137765,"journal":{"name":"Law & Society: Private Law - Financial Law eJournal","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125634875","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Avoiding the Unavoidable: A Practitioner's Guide to Governmental Creditor Fraudulent Conveyance Actions 避免不可避免:政府债权人欺诈转让诉讼的执业指南

Law & Society: Private Law - Financial Law eJournal Pub Date : 2016-12-13 DOI: 10.2139/SSRN.2916412

R. McNeill

引用次数: 0

Nigeria: Insolvency Law and Arbitration: Like Oil and Water? 尼日利亚:破产法和仲裁:像石油和水?

Law & Society: Private Law - Financial Law eJournal Pub Date : 2016-12-01 DOI: 10.2139/ssrn.2878863

Dr Kubi Udofia

{"title":"Nigeria: Insolvency Law and Arbitration: Like Oil and Water?","authors":"Dr Kubi Udofia","doi":"10.2139/ssrn.2878863","DOIUrl":"https://doi.org/10.2139/ssrn.2878863","url":null,"abstract":"Formal insolvency law proceedings are usually collective and centralised in nature, overriding certain pre-insolvency agreements in order to achieve specific down objective(s) for the benefit of all creditors. In contrast, arbitration favours privity of contracts and party autonomy. Parties’ agreement to arbitrate their dispute is considered as sacrosanct regardless of the circumstances. There is therefore a potential for conflict when a dispute touches on these two regimes. In In re United States Line, 197 F. 3d 631 at 640 (1999), a US court described such as “a conflict of near polar extremes” given that the insolvency policy “exerts an inexorable pull towards centralisation while arbitration policy advocates a decentralised approach towards dispute resolution.” \u0000This article examines the possible legal implications of formal insolvency proceedings on arbitration agreements, as well as the possible impact of arbitration agreements on insolvency proceedings. The analysis is limited to compulsory winding-up proceedings and where the seat of arbitration and the place of opening of insolvency proceeding is Nigeria. Different considerations will apply in cross-border insolvencies and international arbitral proceedings.","PeriodicalId":137765,"journal":{"name":"Law & Society: Private Law - Financial Law eJournal","volume":"275 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125197803","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Tough Love: The Effects of Debt Contract Design on Firms' Performance 严厉的爱:债务契约设计对企业绩效的影响

Law & Society: Private Law - Financial Law eJournal Pub Date : 2016-10-12 DOI: 10.2139/ssrn.2551333

Ioannis Spyridopoulos

引用次数: 5

Reappraising Dodd-Frank's Living Will Regime 重新评估多德-弗兰克生前遗嘱制度

Law & Society: Private Law - Financial Law eJournal Pub Date : 2016-09-30 DOI: 10.2139/ssrn.2849810

David K. Suska

引用次数: 0

Financial Privacy in a Free Society 自由社会中的金融隐私

Law & Society: Private Law - Financial Law eJournal Pub Date : 2016-09-23 DOI: 10.2139/SSRN.2992784

David R. Burton, Norbert J. Michel

引用次数: 2

Legislative Approaches for Regulation of the Bankruptcy: State and Prospects 破产规制的立法途径:现状与展望

Law & Society: Private Law - Financial Law eJournal Pub Date : 2016-08-01 DOI: 10.11114/BMS.V2I3.1807

Margarita Bachvarova

{"title":"Legislative Approaches for Regulation of the Bankruptcy: State and Prospects","authors":"Margarita Bachvarova","doi":"10.11114/BMS.V2I3.1807","DOIUrl":"https://doi.org/10.11114/BMS.V2I3.1807","url":null,"abstract":"The present article is a comprehensive research focused on the issue of legislative approaches for regulation of bankruptcy in individual countries. The occurrence of economic crises and the globalization in international relations put forward the issue of preserving viable enterprises regardless of any financial hardships arisen and any risk of initiating a court procedure of bankruptcy. The establishment of updated legislation is inextricably bound up with the building up of a theoretical concept of insolvency based on the contemporary doctrinal achievements and practice. The comparative legal analysis of regulations shows the efforts put in science for the creation of a common concept and approach to bankruptcy issues. In this relation, the subject of scientific and research interest are the characteristic features of the legal regulations for handling insolvency in individual countries, determined by their belonging to the two main legal systems: the system of common law and the continental legal system (civil law). The scientific thesis in the present study is that regardless of the specific features of the historical and legal regulation of the bankruptcy concept, currently, a process of introducing rehabilitation procedures of the US legislation (Chapter 11 of Bankruptcy Code) into the individual legal systems of a number of countries in Europe is going on. In this sense, a trend is arising of applying a single legislative approach related to the concept of fresh start of conscientious entrepreneurs and an opportunity of sanitation of their enterprises before the initiation of formal judicial proceedings of bankruptcy on the basis of mutual concessions and compromises made by the creditors.","PeriodicalId":137765,"journal":{"name":"Law & Society: Private Law - Financial Law eJournal","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133220662","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Reconceptualizing the Regulation of Global Finance 重新定义全球金融监管

Law & Society: Private Law - Financial Law eJournal Pub Date : 2016-06-01 DOI: 10.1093/OJLS/GQV023

Ross P. Buckley

引用次数: 5