文章:资产管理公司的系统重要性:未来 SIFI 监管的案例研究

Q2 Social Sciences
Joeri De Smet
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引用次数: 0

摘要

金融稳定与资产管理行业之间的关系仍未得到充分研究。我的问题是,资产管理公司和/或投资基金是否具有系统重要性,如果具有系统重要性,欧盟和美国的金融监管应如何应对。通过对现有经济文献和政策观点的回顾,我们发现,资产管理公司及其管理的基金可能会通过火售造成系统性风险。虽然在某些情况下,根据欧盟和美国法律,非银行可以被指定为具有系统重要性的机构,但资产管理公司和投资基金并不适合这一框架。相反,一个简单的指定规则可以直接解决资产管理公司可能导致或扩大系统性风险的问题。监管和监督也应同样解决这种火灾销售风险。系统重要性资产管理公司的案例表明,目前的系统重要性金融机构监管没有充分考虑到非银行金融机构可能和将要造成的系统性风险。因此,我主张进行反思,使其具有更广泛的机构范围,同时更准确地处理部门差异。金融稳定、系统性风险、系统重要性金融机构、非银行金融机构、资产管理、投资基金、系统重要性金融机构监管、火灾销售、欧盟法律、美国法律。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Article: The Systemic Importance of Asset Managers: A Case Study for the Future of SIFI Regulation
The nexus between financial stability and the asset management industry remains understudied. I question whether asset managers and/or investment funds could be systemically important, and if so, how financial regulation in the EU and US should cope with this. From a review of the available economic literature and policy standpoints, it emerges that asset managers and the funds that they manage can create systemic risk through fire sales. While in some cases nonbanks can be designated as systemically important under EU and US law, asset managers and investment funds do not fit well in this framework. Consequently, the current rules, concerning both designation and subsequent regulation, fall short. Instead, a simple designation rule could directly address the way in which asset managers can cause or amplify systemic risk. Regulation and supervision should equally address this fire sale risk. I propose a market-based prudential measure, complemented by centralised supervision, that does so. The case of systemically important asset managers shows that current SIFI regulation does not sufficiently account for the systemic risks that can and will be caused by nonbank financial institutions. I therefore advocate a rethink, such that it has a wider institutional scope but more accurately addresses sectoral differences. Financial stability, systemic risk, systemically important financial institutions, nonbank financial institutions, asset management, investment funds, SIFI regulation, fire sales, EU law, US law.
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来源期刊
European Business Law Review
European Business Law Review Social Sciences-Law
CiteScore
1.10
自引率
0.00%
发文量
34
期刊介绍: The mission of the European Business Law Review is to provide a forum for analysis and discussion of business law, including European Union law and the laws of the Member States and other European countries, as well as legal frameworks and issues in international and comparative contexts. The Review moves freely over the boundaries that divide the law, and covers business law, broadly defined, in public or private law, domestic, European or international law. Our topics of interest include commercial, financial, corporate, private and regulatory laws with a broadly business dimension. The Review offers current, authoritative scholarship on a wide range of issues and developments, featuring contributors providing an international as well as a European perspective. The Review is an invaluable source of current scholarship, information, practical analysis, and expert guidance for all practising lawyers, advisers, and scholars dealing with European business law on a regular basis. The Review has over 25 years established the highest scholarly standards. It distinguishes itself as open-minded, embracing interests that appeal to the scholarly, practitioner and policy-making spheres. It practices strict routines of peer review. The Review imposes no word limit on submissions, subject to the appropriateness of the word length to the subject under discussion.
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