Insider dealing on the basis of inside information has been identified as an action against the principle of equal access to information for all those who need such information to make investment decisions. This thesis examines the regulation of insider dealing in financial markets. It analyses in particular the problem of the regulation of insider dealing in the United Arab Emirates (UAE), the shortcomings of this regulation and how it can be improved. The primary objective of the thesis is to offer reasonable recommendations for the reform of insider dealing in the UAE. There have been controversies regarding whether insider dealing should be regulated, the basis of such regulation and the form in which the law should intervene. This thesis has attempted to provide its own approach to the problem of insider dealing. This approach forwards the proposition that allowing insider dealing on the basis of inside information is against the principle of equal access to information and it is detrimental to market transparency. Based on this proposition, the thesis investigates the shortcomings of the current regulation of insider dealing in the UAE. Following this the applied study, which consists of a questionnaire and interviews conducted in the UAE, provides a clearer picture of the current regulation in the country. The study aims at measuring opinions and attitudes of investors and other experts towards the basis and effectiveness of the regulation of insider dealing in local markets in the UAE. This is followed by a legal comparative study. This is both a ‘macro-comparison’ and a ‘micro-comparison’ between the regulation of insider dealing in the jurisdictions of the US, the UK and the Dubai International Financial Centre (DIFC). The ‘macro-comparison’ draws conclusions from comparing the broader systems of regulation in the three jurisdictions. The ‘micro-comparison’ concentrates on a functional comparison between the specific rules related to insider dealing. The legal comparative study is combined with the information generated by the applied study. Together these provide solutions (represented as recommendations) for the reform of the UAE larger system of regulation, and amendments to the rules related to insider dealing.

Orientador: Jose Carlos de Souza Braga / Dissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Economia / Made available in DSpace on 2018-08-15T13:04:12Z (GMT). No. of bitstreams: 1 Lopes_RodrigoLepski_M.pdf: 852987 bytes, checksum: 019f0e918ce82b9cb60d9726809217f7 (MD5) Previous issue date: 2010 / Resumo: A crise de 29 evidenciou os riscos impostos por um regime financeiro predominantemente influenciado pelo comportamento especulativo. As mazelas da Grande Depressão impulsionaram o desenvolvimento de um arcabouço institucional, consagrado em Bretton Woods, que atenuou a instabilidade do sistema financeiro internacional. Entretanto o rompimento dessa ordem deflagraria o surgimento de um novo paradigma no modo de ser da riqueza, pautado pela lógica de financeirização. Tal perspectiva está no âmago das principais crises das últimas décadas, desafiando a capacidade das autoridades governamentais em estabelecer alguma ordem nos mercados financeiros mundo afora. Particularmente, a última crise sistêmica global, originada em 2007 a partir da inadimplência de hipotecas subprime nos Estados Unidos, exige que o tema seja retomado e debatido com mais afinco, sendo esta a proposta fundamental desta dissertação / Abstract: The crisis of 29 showed the risks posed by a financial arrangement predominantly influenced by speculative behavior. The ills of the Great Depression spurred the development of an institutional framework, as set out in Bretton Woods, which diminished the instability of the international financial system. However the disruption of that order had sparked the emergence of a new paradigm in the way of being of wealth, guided by the logic of financialization. This perspective is at the heart of the major crises in decades, challenging the ability of government authorities to establish some order in financial markets around the world. Particularly the last global systemic crisis, which originated in 2007 as defaults on subprime mortgages in the United States, requires that the issue be taken up and discussed more deeply, which is the fundamental proposition of this dissertation / Mestrado / Politica Economica / Mestre em Ciências Econômicas

Univerzita Karlova v Praze Právnická fakulta Disertační práce Právní úprava obezřetnostních pravidel v oblasti finančního trhu (Legal Regulation of Prudential Rules in Financial Market Area) JUDr. Bedřich Čížek Summary: The main objective of this thesis is to provide a comprehensive and systematic view of prudential rules in the selected area of financial market regulation with an emphasis on critical reflection of the various legal institutes and intersectional comparison of the relevant legal rules. Particular questions that this thesis attempts to answer within it's main goal are: (i) what is the essence of prudential rules in the financial market regulation (quid juris?) and (ii) whether current prudential rules in the Czech legal system meet the criteria required by legal theory on the form and the content of legislation and on the rational configuration of the legal system. The thesis also includes constructive criticism of examined issues, particularly in terms of the accuracy of the transposition of the relevant EU legislation, legal certainty of transposed provisions regarding its' recipients and the efficiency of the current legislation when designing prudential rules in question, and includes several recommendations de lege ferenda as well. The outcome of this thesis is a systematic,...

En France, la régulation des marchés financiers est assurée par l'Autorité des marchés financiers (désignée ci-après l'AMF). Autorité publique indépendante dotée de la personnalité morale, l'AMF se compose d'un Collège et d'une Commission des sanctions et dispose d'un pouvoir de sanction à l'encontre d'auteurs de manquements boursiers. Ce pouvoir de sanction est exercé par la Commission des sanctions. Le laconisme des textes et la nécessité de doter les acteurs des marchés financiers d'un code de conduite en matière répressive ont conduit la Commission des sanctions, sous le contrôle des juges, à faire œuvre créatrice au fil de sa jurisprudence. Des principes directeurs ont ainsi émergé relativement à la définition des grands principes du droit financier. Ce droit financier prétorien repose sur une politique jurisprudentielle clairement définie et vise à assurer l'intégrité du marché financier et la protection des investisseurs. La Commission des sanctions est ainsi devenue un acteur incontournable du système de régulation financière et une source du droit financier. La présente thèse vise à décrire ce nouveau droit prétorien dans sa double dimension pénale et économique. / In France, the financial market regulation is ensured by the Financial Market Authority (Autorité des marchés financiers) (hereinafter the AMF). Independent public authority with legal personality, the AMF is composed of a College and a Sanctions Committee (Commission des sanctions) and has a power of sanction against stock market offenders. This power of sanction is exercised by the Sanctions Committee (Commission des sanctions). The brevity of the texts and the need to provide financial market participants with a code of conduct on law enforcement, has led the Sanctions Committee (Commission des sanctions), under the control of judges, to a creative work through its jurisprudence. Guidelines have thus emerged on the definition of the main principles of financial law. This judge-made­financial law is based on clearly defined judicial policy and is designed to ensure the integrity of the financial markets and investor protection. The Sanctions Committee (Commission des sanctions) has become a key player in the financial regulatory system and a source of financial law. This thesis aims at describing this new judge-made-law in its criminal and economic dimension.

Management and administration of investment funds. The purpose of this thesis is to comprehensively present a legal regulation of management and administration of investment funds in the Czech Republic. The thesis is divided into five chapters. The first chapter deals with the material scope of Act on Investment Companies and Investment Funds. Purpose of this chapter is to determine, in relation to which activities apply the regulation of management and administration of investment funds pursuant to the Act on Investment Companies and Investment Funds. The second chapter is dedicated to the management of investment funds. The aim of this chapter is to define the management of investment funds, Management Company and the rules for the performance of its activities. The third chapter is dedicated to the administration of investment funds. The aim of the third chapter is to define the administration of investment funds, administrator and rules for the performance of its activities. The fourth chapter briefly discusses the depositary when the aim of this chapter is to define its position in relation to the management and administration of investment funds. The fifth and final chapter briefly deals with the Prime broker, when it also analysis the definition of its position in relation to the management...

Diploma thesis is dealing with causes of current financial crisis, especially with financial regulation failure and its analysis. Regulation failure was incontrovertibly the important cause of current crisis. As a result of regulation failure we can identify these as follows: asset securitization,rating agencies failure, information asymmetry,negative externalities etc. This thesis is also concerned with analysis of bankruptcy of american investment bank Lehman Brothers. The last part of work examine the financial regulatory reform.

This thesis deals with the financial market intermediation and distribution on the financial market. By using situational analysis reveals connections and principles of the functioning of financial intermediation and focuses on the role of financial market regulation and commission fees. Thesis is analyzing the effects of changes in commission system and impact to different distribution models.