Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679
Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679
Title Page:Title : “FINANCIAL REGULATION AND THE COURTS: A COMPARATIVE STUDY OF JUDICIAL APPROACH IN INDIA.THE UNITED STATES OF AMERICA. AND THE UNITE Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 ED KINGDOM”Author : John Varghese, LL.M. Ph.D.Author: Currently working Principal Munsiff, Court Complex.Short Neyyattinkara, Kerala, India.695121 Formerly Assistant BioProfessor in Law. Government Law College. Kozhikode from2008 to 2013, and worked in various banks and financial institutions. Compl Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 eted Ph.D. from National University of Advanced Legal Studies, Kochi, Kerala, India, LLM (Commercial Law. Criminal Law), from School of Legal Studies.Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679
CUSAT.Kochi.Kerala India and LLB from Kerala Law Academy Law College, Kochi. Also a master trainer selected by E-Commitee of Hon'ble Supreme Court ofTitle Page:Title : “FINANCIAL REGULATION AND THE COURTS: A COMPARATIVE STUDY OF JUDICIAL APPROACH IN INDIA.THE UNITED STATES OF AMERICA. AND THE UNITE Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 . Medical College P.O.,AddressThiruvananthapuram-69501 1. Phone: 9447890134. Email:adv johnvarghese# gmail.comAbstract : Financial regulation is a much debated topic for some time. The history of financial instruments started at a time when people started giving value to physical objects over and ab Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 ove its inherent utility. Right from the very beginning of their existence, it has been acknowledged that financial instruments are risky. There haveFinancial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679
been several legislative and regulatory attempts to regulate financial instruments. But every time the human ingenuity ensured that financial instrumeTitle Page:Title : “FINANCIAL REGULATION AND THE COURTS: A COMPARATIVE STUDY OF JUDICIAL APPROACH IN INDIA.THE UNITED STATES OF AMERICA. AND THE UNITE Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 instruments, especially financial derivatives exist. This article makes a comparative study of the approach taken by judiciary regarding the regulation of financial instruments in general and financial derivatives in particular. The US. UK and India are taken as sample countries, but major context Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 is the Indian regulatoryscenarioJEL : K22,K23,K39,G15.G18,G23,G28.G38.L50.L51.L83.N20,CodesTotal : Ỉ 3018(Excluding footnotes)WordCountFinancial RegulFinancial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679
ation and the Courts: a Comparative Study OF Judicial Approach in India, The United States of America, and the United KingdomIntroduction:rhe history Title Page:Title : “FINANCIAL REGULATION AND THE COURTS: A COMPARATIVE STUDY OF JUDICIAL APPROACH IN INDIA.THE UNITED STATES OF AMERICA. AND THE UNITE Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 e started giving value to objects, over and above their regular utility. There is an inherent clement of risk in every financial instrument. It is difficult even for the most trained professional to understand the risk- factors fully and comprehensively. Study of history shows that the loss occasion Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 ed by the derivative instruments will be more pervasive compared to direct products, because of the complexity and spread these instruments can achievFinancial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679
e. In many cases, derivative trading comes almost near to the spectrum of gambling. Historically, there have been several efforts to regulate the impaTitle Page:Title : “FINANCIAL REGULATION AND THE COURTS: A COMPARATIVE STUDY OF JUDICIAL APPROACH IN INDIA.THE UNITED STATES OF AMERICA. AND THE UNITE Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 n by operation of grey market or wrapping of products under the guise of an unregulated or legally allowed product.Financial Sector has both internal and external risk elements. Social, legal and political factors can affect the performance of financial products. Similarly, complexity of the financi Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 al products and the lure of easy money have always tended to attract fraudsters. Due to the vastness of the impact of financial failure on social andFinancial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679
political structures, gov cmmcnls cannot afford to leave this sector unregulated.Most derivative products that had caused havoc in the financial markeTitle Page:Title : “FINANCIAL REGULATION AND THE COURTS: A COMPARATIVE STUDY OF JUDICIAL APPROACH IN INDIA.THE UNITED STATES OF AMERICA. AND THE UNITE Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 ivatives as a segment. However, such principles existregarding di tierent sectors in the financial market, such as banking, insurance, trade, etc. The absence of internationally accepted principles for regulation of financial instillments, including derivative instruments have hampered the growth of Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 an integrated regulatory regime. There are four generally approved methods of regulation:- (1) Legislation (2) Direct Regulation by Statutory RegulatFinancial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679
ory Bodies (3) Indirect Regulation by Statutory Regulatory Bodies, and (4) Self-Regulation. Of this, self-regulation is often preferred by the industrTitle Page:Title : “FINANCIAL REGULATION AND THE COURTS: A COMPARATIVE STUDY OF JUDICIAL APPROACH IN INDIA.THE UNITED STATES OF AMERICA. AND THE UNITE Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 hese prominent jurisdictions have an extensive legislative framework, supported by at least 3 regulatory agencies, working in different financial sectors. There are up to eight regulators in India, and nine in The USA. India is considered as one of the most compliant nations, regarding regulatory co Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 mpliance- India has put across necessary regulations to ensure soundness of financial market infrastructure. There are about 60 statutes in India reguFinancial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679
lating various areas of financial sector, and in almost all areas, financial derivatives are possible. At present in India, Securities Contract (RegulTitle Page:Title : “FINANCIAL REGULATION AND THE COURTS: A COMPARATIVE STUDY OF JUDICIAL APPROACH IN INDIA.THE UNITED STATES OF AMERICA. AND THE UNITE Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 cific statutes2 act as shared regulators, and there are sector specific regulators like IRDA. PFRDA etc., that regulates specific sectors like insurance, pension funds etc. There are also overseeing agencies like Ministry of Corporate Affairs and Ministr)' of Finance under which these regulators fun Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 ction. In addition, there is also a High Level Coordination Committee (HLCC) to avoid regulatory arbitrage and to iron out regulatory conflicts.1 TherFinancial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679
e was another statute, the Forward Contracts (Regulation) Act. 1952. which stands repealed since 2015. Financial Sector Legislative Reforms Committee Title Page:Title : “FINANCIAL REGULATION AND THE COURTS: A COMPARATIVE STUDY OF JUDICIAL APPROACH IN INDIA.THE UNITED STATES OF AMERICA. AND THE UNITE Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 ded by FSLRC. Forward Markets Commission was merged with SERI in 2015.•' SEBI is established under Securities Contract)Regulation) Act. 1956.II) India, RBI regulates currency based derivatives, while most other derivatives are supposedly-regulated by SEBI.There are grey areas in regulation, since th Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 ere is no legislative ban on any products, but as per SEBI guidelines, only the products approved by it can be floated. RBI mostly comes out with prodFinancial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679
uct specific regulations, whereas SEBI comes out with sector specific regulations. Both these regulators specify their regulatory directives through MTitle Page:Title : “FINANCIAL REGULATION AND THE COURTS: A COMPARATIVE STUDY OF JUDICIAL APPROACH IN INDIA.THE UNITED STATES OF AMERICA. AND THE UNITE Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 ply with regulatory requirements or directives results in administrative penalties.Any study of the effectiveness of the regulation of financial regulation needs to be done in a wider canvas than national regulation, since these instalments have transnational ramifications. While making comparison, Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 it needs to be kept in mind that comparing a country with inquisitorial or civil law system with a country with adversarial system may not be appropriFinancial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679
ate, as the enforcement mechanism and fundamental juristic principles would be different in these jurisdictions. The US, the UK and India have a commoTitle Page:Title : “FINANCIAL REGULATION AND THE COURTS: A COMPARATIVE STUDY OF JUDICIAL APPROACH IN INDIA.THE UNITED STATES OF AMERICA. AND THE UNITE Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 f these countries were compared to understand the treatment of regulatory-models by the courts.While dealing with judicial response to regulation of financial instruments including derivative instalments, we need to focus on how the judiciary has viewed individual instalments rather than how it has Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 viewed institutional regulation. The very reason for this is that litigation has never *; The standard method adopted consistently in most of the commFinancial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679
on law jurisdictions is the statutory framework for macro management of broader risk parameters and regulatory bodies managing the changeable nsk paraTitle Page:Title : “FINANCIAL REGULATION AND THE COURTS: A COMPARATIVE STUDY OF JUDICIAL APPROACH IN INDIA.THE UNITED STATES OF AMERICA. AND THE UNITE Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 ing risk of the financial sector.been instituted against institutional regulation, and much work in this area lias been done through advocacy and policy interventions by players, individually as well as through groupings of dealers and players such as I.S.D.A. It needs to be kept in mind that from q Financial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679 uiet early days traders used to indulge in creation of this exotic variety of financial products. When the understanding between the parties to the inFinancial Regulation And The Courts: A Comparative Study Of Judicial Approach In India,The United States Of America, And The United Kingdom45679
struments fell foul, the losing party used to approach courts seeking intervention. Eddy Wymeersch in his working paper entitled “Regulation and CaseGọi ngay
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