DOCSLIB.ORG

Stock Market Manipulation and Its Regulation Merritt .B Fox Columbia University Law School

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Stock Market Manipulation and Its Regulation Merritt .B Fox Columbia University Law School University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2018 Stock Market Manipulation and Its Regulation Merritt .B Fox Columbia University Law School Lawrence R. Glosten Columbia University Business School Gabriel Rauterberg University of Michigan Law School, [email protected] Available at: https://repository.law.umich.edu/articles/1978 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Law and Economics Commons, Public Law and Legal Theory Commons, and the Securities Law Commons Recommended Citation Fox, Merritt .,B co-author. "Stock Market Manipulation and Its Regulation."L. R. Glosten and G. V. Rauterberg, co-authors. Yale J. Reg. 35, no. 1 (2018): 67-126. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. Stock Market Manipulation and Its Regulation Merritt B. Fox,t Lawrence R. Glosten, and Gabriel V. Rauterberg More than eighty years after federal law first addressed stock market manipulation, federal courts remain fractured by disagreement and confusion about manipulation law's most foundational questions. Only last year, plaintiffs petitioned the Supreme Court to resolve a sharp split among the federal circuits concerning manipulation law's central question: whether trading activity alone can ever be considered illegal manipulation under federal law. Academics have been similarly confused economists and legal scholars cannot agree on whether manipulation is possible in principle; let alone on how, if it is, to address it properly in practice. This Article offers an analytical framework for understanding manipulation, which resolves these questions, clarifies federal law, and can guide regulators in successfully prosecutingfinancial law's most intractable wrong. We draw on the tools of microstructureeconomics and the theory of the firm to provide a synthesis of the various distinct forms of manipulation, identify who is harmed by each form, and evaluate their social welfare effects. This Article thus lays the foundation for a renewed understanding of manipulation and its place within securities regulation. I. Overview ....................................... ............. 74 A. Types of Manipulation ................................. 74 1. Naked Open Market Manipulation ........................ 74 2. Open Market Manipulation with an External Interest ........... 75 3. Misstatement Manipulation ............ .............. 75 B. The Role ofPurpose. ......................... .......... 76 C. The Extent and Nature of Manipulation ...................... 77 II. The Normative Framework ............................ 80 A. Social Goals .......................................... 80 B. The Use ofEx Post and Ex Ante Analysis................... 81 C. Market Characteristicsthat Impact on These Goals ........... 82 t Michael E. Patterson Professor of Law, NASDAQ Professor of the Law and Economics of Capital Markets, Columbia Law School. S. Sloan Colt Professor of Banking and International Finance, Columbia Business School. * Assistant Professor of Law, Michigan Law School. For particularly helpful comments, we are grateful to Michael Barr Michael Guttentag, Elizabeth Pollman, Jennifer Rothman, Andrew Verstein, Yesha Yedav, and participants at faculty workshops at Columbia Law School, Loyola Law School, and Oxford University. 67 Yale Journal on Regulation Vol. 35, 2018 1. Price Accuracy .......................... ......... 83 2. Liquidity .......................................... 84 III. The Workings of the Equity Market ...................... 86 A. Market Participantsand Their Reasons for Trading........... 86 1. Informed Traders .................................... 86 2. Uninformed Traders...............................87 3. Noise Traders .......................... .......... 88 4. Anti-noise Traders ................................. 88 5. Professional Liquidity Suppliers ............. .......... 89 B. Trading Venues and Orders.. ............................. 89 C. The Economics ofLiquidity Provision..................... 90 1. The Liquidity Supply Business .............................. 90 2. Transacting with Informed Versus Uninformed Traders...........90 3. How Liquidity Suppliers Set Their Bids and Offers......... 91 4. The Pattern of Transaction Prices in the Presence of Informed Trading ................................. 92 IV. Naked Open Market Manipulation ....................... 93 A. Wealth Transfers: Fairnessand Efficiency........... ....... 94 1. Ex post Perspective ................................ 94 2. Ex ante Perspective ................................ 97 3. Fairness Considerations ................... ......... 100 4. Efficiency Considerations ................... ....... 101 B. Are There Expected Profits? ................... ..... ... 103 1. The Fischel and Ross Arguments as to Why Profitable Manipulation Is Impossible ................... ...... 103 2. Can an Asymmetric Price Response Ever Be Anticipated ...... 104 C. The Appropriateness ofLegal Sanctions............ ....... 106 V. Open Market Manipulation with an External Interest ....... ...... 107 A. The Example of United States v. Mulheren ............ ..... 108 B. Wealth Transfers: Their Fairnessand the Efficiency Effects of Their Incentives ............................... ...... 109 C. The Appropriateness ofImposing Legal Sanctions..............111 VI. Misstatement Manipulation ......................... ........... 111 A. Misstatement Manipulation as a Kind ofInformed Trading..........112 B. Wealth Transfers: Their Fairnessand the Efficiency Implications of the Incentives Created.....................112 C. The Appropriateness ofLegal Sanctions............ ....... 113 VII. The Law of Securities Manipulation ................... ..... 114 A. Open Market Manipulation. ............................ 114 1. Section 9(a) ............................... ...... 114 2. Section 10(b) .......................... ........... 118 B. Assessing the Law on Open Market Manipulation...... ...... 122 C. Misstatement Manipulation. ............................ 123 Conclusion ...................................... ...... ... 125 68 Stock Market Manipulation and Its Regulation Introduction More than eighty years after federal law first addressed stock market manipulation, the federal courts remain fractured by disagreement and confusion concerning manipulation law's most foundational issues. There remains, for example, a sharp split among the federal circuits concerning manipulation law's central question: Whether trading activity alone can ever be considered illegal manipulation under federal law?2 Academics have been similarly confused-economists and legal scholars cannot agree on whether manipulation is even possible in principle, let alone on how to properly address it in practice.-3 This confusion is particularly striking because preventing manipulation was a primary motivation for enacting the U.S. securities laws. In the midst of the Great Depression, manipulation struck Congress and varied commentators as a principal cause of the 1929 stock market crash and the ensuing economic collapse.4 As a result, the Securities Exchange Act of 1934 (the "Exchange Act") expressly prohibits manipulation in its Sections 9 and 10(b). 5 The continued confusion is also striking because if one uses the rough proxy of SEC enforcement, the problem of manipulation is of a similar scale to insider trading. In its statistics for the last five years, the SEC reported bringing a combined 237 civil and administrative enforcement actions for insider trading and 229 for market manipulation.6 Yet, while there is a vast legal and economic literature addressing insider trading, efforts to analyze manipulation have been far more limited. The difficulties for manipulation law begin with the statutory provisions themselves. The Exchange Act gives remarkably little guidance as to the 1. See infra Section VII.A (discussing splits among the federal circuit courts of appeal). 2. See infra note 142 and accompanying text (discussing a manipulation petition to the Supreme Court). 3. The literature on manipulation features a chorus of commentators arguing about the definition and usefulness of the concept of manipulation. See, e.g., Daniel R. Fischel & David Ross, Should the Law Prohibit "Manipulation" in Financial Markets?, 105 HARV. L. REV. 503 (1991) (famously arguing that the concept of manipulation should be abandoned); Craig Pirrong, Squeezes, Corpses, and the Anti-Manipulation Provisionsof the Commodity Exchange Act, 17 REG., no. 4, 1994 at 54 ("[T]o define just what manipulation means .... is a more difficult task than one might think, because the term 'manipulation' is used very imprecisely and indiscriminately."). 4. See, e.g., Fischel & Ross, supra note 3, at 503 ("The drafters of the Securities Act of 1933 and the Securities Exchange Act of 1934 ... were convinced that there was a direct link between excessive speculation, the stock market crash of 1929, and the Great Depression of the 1930s."); William A. Roach, Jr., Hedge Fund Regulation: "What Side of the Hedges Are You on?", 40 U. MEM. L. REV. 165, 178 (2009) ("The shocking results of the [congressional] investigation uncovered high levels of market manipulation
Load more

Recommended publications
  • The Economics of Commodity Market Manipulation: a Survey
    The Economics of Commodity Market Manipulation: A Survey Craig Pirrong Bauer College of Business University of Houston February 11, 2017 1 Introduction The subject of market manipulation has bedeviled commodity markets since the dawn of futures trading. Allegations of manipulation have been extremely commonplace, but just what constitutes manipulation, and how charges of manipulation can be proven, have been the subject of intense controversy. The remark of a waggish cotton trader in testimony before a Senate Com- mittee in this regard is revealing: “the word manipulation . initsuse isso broad as to include any operation of the cotton market that does not suit the gentleman who is speaking at the moment.” The Seventh Circuit Court of Appeals echoed this sentiment, though less mordantly, in its decision in the case Cargill v. Hardin: “The methods and techniques of manipulation are limited only by the ingenuity of man.” Concerns about manipulation have driven the regulation of commodity markets: starting with the Grain Fu- tures Act of 1922, United States law has proscribed manipulation, including 1 specifically “corners” and “squeezes.” Exchanges have an affirmative duty to police manipulation, and in the United States, the Commodity Futures Trad- ing Commission and the Department of Justice can, and have exercised, the power to prosecute alleged manipulators. Nonetheless, manipulation does occur. In recent years, there have been allegations that manipulations have occurred in, inter alia, soybeans (1989), copper (1995), gold (2004-2014) nat- ural gas (2006), silver (1998, 2007-2014), refined petroleum products (2008), cocoa (2010), and cotton (2011). Manipulation is therefore both a very old problem, and a continuing one.
    [Show full text]
  • Analysis of Securitized Asset Liquidity June 2017 an He and Bruce Mizrach1
    Analysis of Securitized Asset Liquidity June 2017 An He and Bruce Mizrach1 1. Introduction This research note extends our prior analysis2 of corporate bond liquidity to the structured products markets. We analyze data from the TRACE3 system, which began collecting secondary market trading activity on structured products in 2011. We explore two general categories of structured products: (1) real estate securities, including mortgage-backed securities in residential housing (MBS) and commercial building (CMBS), collateralized mortgage products (CMO) and to-be-announced forward mortgages (TBA); and (2) asset-backed securities (ABS) in credit cards, autos, student loans and other miscellaneous categories. Consistent with others,4 we find that the new issue market for securitized assets decreased sharply after the financial crisis and has not yet rebounded to pre-crisis levels. Issuance is below 2007 levels in CMBS, CMOs and ABS. MBS issuance had recovered by 2012 but has declined over the last four years. By contrast, 2016 issuance in the corporate bond market was at a record high for the fifth consecutive year, exceeding $1.5 trillion. Consistent with the new issue volume decline, the median age of securities being traded in non-agency CMO are more than ten years old. In student loans, the average security is over seven years old. Over the last four years, secondary market trading volumes in CMOs and TBA are down from 14 to 27%. Overall ABS volumes are down 16%. Student loan and other miscellaneous ABS declines balance increases in automobiles and credit cards. By contrast, daily trading volume in the most active corporate bonds is up nearly 28%.
    [Show full text]
  • Ivan Boesky and the Mossad Arms Smuggling Connection
    Click here for Full Issue of EIR Volume 13, Number 48, December 5, 1986 Ivan Boesky and the Mossad arms smuggling connection by Joseph Brewda When Wall Street corporate raider Ivan Boesky was indicted Suisse and the Wall Street finn Merrill Lynch, moreover, for "insider trading," on Nov. 14, EIR's would-be journal­ which managed the sanctioned Mossad-NSC armssmuggling istic competitors insisted that Boesky was an "outsider," to Iran. whose spectacular criminalscams in no way typifiedstandard Wall Street practices. Despite the fact that Boesky's opera­ tions were dependent on a $1 billion-plus credit line from the elite Drexel Burnham investment house, and had the active cooperation of such powerful establishment firms as Merrill Lynch and First Boston Corporation, Boesky was repeatedly termed a "maverick." The insider trading One year earlier, these same media parroted similarly absurd claims by the U.S. State Department and Israeli gov­ system and 'Dope, Inc.' ernment that U.S. Naval intelligence employee Jonathan Jay Pollard was only acting as a "rogue operative," when he was The Securities and Exchange Commission can now prove, caught red-handed delivering U.S. classified documents to if it wants to, that Dennis B. Levine, late of Drexel Burn­ the Israeli embassy in Washington last November. ham Lambert, was merely doing his job in passing insider In fact, Mossad spy Jonathan Pollard and Ivan Boesky information to Ivan Boesky and other arbitrageurs. have much more in common than being victims of the stan­ Whether he knew he was doing his job, or merely thought dardintelligence-agency and banking-house trick of portray­ that he was cheating the house, is irrelevant, and might be ing one's captured underling as an "unsanctioned rogue." It impossible to determine.
    [Show full text]
  • Howard R. Elisofon Partner; Co-Chair, Securities Litigation and Enforcement [email protected] (212) 592-1437 PHONE (212) 545-3366 FAX
    Howard R. Elisofon Partner; Co-Chair, Securities Litigation and Enforcement [email protected] (212) 592-1437 PHONE (212) 545-3366 FAX Howard Elisofon is a nationally renowned litigator with more than 35 years of experience in securities law and enforcement. Howard began his career as trial counsel for the SEC’s Division of Enforcement. He subsequently worked in a variety of senior legal positions at Prudential Securities and First New York Securities, where he obtained his Series 7 and Series 24 licenses, and then in private practice at Greenberg Traurig LLP, where he was a founding member of the firm’s New York office. As co-chair of Herrick’s Securities Litigation and Enforcement practice, Howard focuses on securities and commodities litigation, arbitration, mediation and investigations for broker- dealers, brokerage firms, investment advisers, investment companies, venture capital firms and insurance companies, as well as securities traders and industry executives. He represents clients in a wide variety of complex commercial litigation matters, as well as enforcement proceedings before the SEC, the Offices of the U.S. Attorneys, the New York State Attorney General and New York State District Attorneys, as well as FINRA and various exchanges, and state securities and insurance regulators. A frequent speaker on securities and enforcement related topics, and a sought-after authority on broker-dealer issues, Howard’s commentary is often featured in major media outlets. High-Profile Government Investigations and Litigation Howard has defended clients in numerous high-profile government investigations, including the Drexel Burnham/Ivan Boesky insider trading matter, the Prudential Securities limited partnership fraud scandal, the Prudential market timing investigation and the Stanford Ponzi scheme.
    [Show full text]
  • Investor Capitalism?
    University of Michigan Journal of Law Reform Volume 22 1988 Beyond Managerialism: Investor Capitalism? Alfred F. Conard University of Michigan Law School Follow this and additional works at: https://repository.law.umich.edu/mjlr Part of the Business Organizations Law Commons, and the Securities Law Commons Recommended Citation Alfred F. Conard, Beyond Managerialism: Investor Capitalism?, 22 U. MICH. J. L. REFORM 117 (1988). Available at: https://repository.law.umich.edu/mjlr/vol22/iss1/5 This Symposium Article is brought to you for free and open access by the University of Michigan Journal of Law Reform at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in University of Michigan Journal of Law Reform by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. BEYOND MANAGERIALISM: INVESTOR CAPITALISM? Alfred F. Conard* Table of Contents Introduction ...................................... 118 I. The Rise and the Flaw of Managerialism ....... 120 A . T he Rise ................................ 120 B . T he Flaw ................................ 122 C. Patches on the Flaw ...................... 126 1. Shareholder derivative suits ............ 126 2. Shareholder democracy ................ 127 3. Independent directors ................. 128 4. Specific prohibitions ................... 130 II. The Investorial Alternative .................... 131 A. The Institutional Eruption ................ 131 B. The Concept of Investor Capitalism ........ 135 C. The New and the Old in Investor Capitalism 136 III. The Motivation of Institutional Investors ....... 139 A. The Players in Investor Capitalism ......... 140 1. Fund managers ....................... 140 2. Fund sponsors ........................ 141 3. Portfolio managers .................... 142 4. Investor services ...................... 143 B. The W all Street Rule ..................... 144 C. The "Collective Good" Dilemma ..........
    [Show full text]
  • Regulatory Framework of Pre and Post Trading Transparency
    Indian Journal of Fundamental and Applied Life Sciences ISSN: 2231– 6345 (Online) An Open Access, Online International Journal Available at www.cibtech.org/sp.ed/jls/2015/02/jls.htm 2015 Vol. 5 (S2), pp. 81-92/Sarvestani et al. Research Article REGULATORY FRAMEWORK OF PRE AND POST TRADING TRANSPARENCY IN THE TEHRAN STOCK EXCHANGE Hosein Hasanzadeh Sarvestani1, Seeyd Abbas Moosavian2 and Hashem Nikoumaram3 1Department of Financial Management, Science and Research Branch, Islamic Azad University, Tehran, Iran 2Islamic Research Institute for Culture and Thought, Qom, Iran 3Science and Research Branch, Islamic Azad University, Tehran, Iran *Author for Correspondence ABSTRACT Information in securities markets plays central role. The issue of market transparency refers to the clarity with which market participants (and the public at large) can perceive the process of securities trading. In addition to helping investors make better decisions, transparency increases confidence in the fairness of the markets. Thus, regulators should aim to ensure that markets are fair, efficient and transparent and investors are given fair access to market information. In this study, we categorize portions of rules and regulations that were relevant to market transparency and after difining the association between the main categories; we present a regulatory framework for pre-post trading transparency. The main categories of regulatory framework are the dissemination of pre and post transactions information, prohibition of inside information abuse, prohibition of market manipulation, recording, maintenance and reporting documents and information by financial institutions, exchanges and self-regulatory organization, trader's information about procedures and regulation of stocks trading and violations and punishments. We explain the effects of these categories on the market transparency and conclude that the regulatory framework can be used by researchers and SEO for future researches and weaknesses amendment.
    [Show full text]
  • The Professional Obligations of Securities Brokers Under Federal Law: an Antidote for Bubbles?
    Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2002 The rP ofessional Obligations of Securities Brokers Under Federal Law: An Antidote for Bubbles? Steven A. Ramirez Loyola University Chicago, School of Law, [email protected] Follow this and additional works at: http://lawecommons.luc.edu/facpubs Part of the Securities Law Commons Recommended Citation Ramirez, Steven, The rP ofessional Obligations of Securities Brokers Under Federal Law: An Antidote for Bubbles? 70 U. Cin. L. Rev. 527 (2002) This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Faculty Publications & Other Works by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. THE PROFESSIONAL OBLIGATIONS OF SECURITIES BROKERS UNDER FEDERAL LAW: AN ANTIDOTE FOR BUBBLES? Steven A. Ramirez* I. INTRODUCTION In the wake of the stock market crash of 1929 and the ensuing Great Depression, President Franklin D. Roosevelt proposed legislation specifically designed to extend greater protection to the investing public and to elevate business practices within the securities brokerage industry.' This legislative initiative ultimately gave birth to the Securities Exchange Act of 1934 (the '34 Act).' The '34 Act represented the first large scale regulation of the nation's public securities markets. Up until that time, the securities brokerage industry4 had been left to regulate itself (through various private stock exchanges). This system of * Professor of Law, Washburn University School of Law. Professor William Rich caused me to write this Article by arranging a Faculty Scholarship Forum at Washburn University in the'Spring of 2001 and asking me to participate.
    [Show full text]
  • Regulatory Notice 21-03
    Regulatory Notice 21-03 Fraud Prevention February 10, 2021 FINRA Urges Firms to Review Their Policies and Notice Type Procedures Relating to Red Flags of Potential Securities 0 Special Alert Fraud Involving Low-Priced Securities Suggested Routing Summary 0 Anti-Money Laundering 0 Compliance Low-priced securities1 tend to be volatile and trade in low volumes. It may be difficult to find accurate information about them. There is a long history of 0 Financial Crimes bad actors exploiting these features to engage in fraudulent manipulations 0 Fraud of low-priced securities. Frequently, these actors take advantage of trends 0 Internal Audit and major events—such as the growth in cannabis-related businesses or the 0 Legal ongoing COVID-19 pandemic—to perpetrate the fraud.2 0 Operations FINRA has observed potential misrepresentations about low-priced securities 0 Risk issuers’ involvement with COVID-19 related products or services, such as 0 Senior Management vaccines, test kits, personal protective equipment and hand sanitizers. These misrepresentations appear to have been part of potential pump-and-dump Key Topics or market manipulation schemes that target unsuspecting investors.3 These 0 COVID-19-related manipulations are the most recent manifestation of this Anti-Money Laundering type of fraud. 0 Fraud 0 Low-Priced Securities This Notice provides information that may help FINRA member firms 0 Trading that engage in low-priced securities business assess and, as appropriate, strengthen their controls to identify and mitigate their risk, and the risk to their customers, including specified adults and seniors,4 of becoming involved Referenced Rules & Notices in activities related to fraud involving low-priced securities.
    [Show full text]
  • United States of America V. Ivan Boesky
    UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ~-~8T~ CR 378 (MEL)­ ) IVAN F. BOESKY, , ) ) Defendant. ) --------------~--------------------) DEFENDANT' S SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR REDUCTION OF SENTENCE PURSUANT TO RULE 35(b) Ivan F. Boesky renews, and requests a prompt resolution of, his pending motion for reduction of sentence pursuant to Rule 35(b).!1 For the reasons set forth below and in the original Rule 35 Motion, Mr. Boesky requests that his sentence be reduced to the time he has served -- approximately twelve months. !I The motion was filed April 15, 1988, but Mr. Boesky requested the Court to defer action on the motion until at least October 1988 so that the fruits of Mr. Boesky's cooperation might become more apparent. See United States v. Ellenbogen, 390 F.2d 537, 543 (2d Cir.), cert. denied, 393 U.s. 918 (1968); United States v. Friedman, No. 86 Cr. 591 (MJL) (S.D.N.Y. Oct. 14, 1987) (1987 U.S. Dist. LEXIS 9276). I. THE PUBLIC BENEFITS FROM MR. BOESKY'S UNPRECEDENTED COOPERATION ARE NOW DRAMATICALLY CLEAR. The true fruits of Ivan Boesky's unsurpassed cooperation with the Government are now for the first time -- dramatically, fully, and publicly known. As the Court recognized at sentencing it was impossible for the public or the press to understand the incalculable value of Mr. Boesky's cooperation because the secrecy of the grand jury process precluded any public recitation of the value of the information that he had provided to the government.~/ Public "blood lust" was brought to bear on the sentencing procesS and could" not be effectively countered, at least in public, with the social and law enforcement benefits of early, thorough, and extensive cooperation.
    [Show full text]
  • Speculation in the United States Government Securities Market
    Authorized for public release by the FOMC Secretariat on 2/25/2020 Se t m e 1, 958 p e b r 1 1 To Members of the Federal Open Market Committee and Presidents of Federal Reserve Banks not presently serving on the Federal Open Market Committee From R. G. Rouse, Manager, System Open Market Account Attached for your information is a copy of a confidential memorandum we have prepared at this Bank on speculation in the United States Government securities market. Authorized for public release by the FOMC Secretariat on 2/25/2020 C O N F I D E N T I AL -- (F.R.) SPECULATION IN THE UNITED STATES GOVERNMENT SECURITIES MARKET 1957 - 1958* MARKET DEVELOPMENTS Starting late in 1957 and carrying through the middle of August 1958, the United States Government securities market was subjected to a vast amount of speculative buying and liquidation. This speculation was damaging to mar- ket confidence,to the Treasury's debt management operations, and to the Federal Reserve System's open market operations. The experience warrants close scrutiny by all interested parties with a view to developing means of preventing recurrences. The following history of market events is presented in some detail to show fully the significance and continuous effects of the situation as it unfolded. With the decline in business activity and the emergence of easier Federal Reserve credit and monetary policy in October and November 1957, most market elements expected lower interest rates and higher prices for United States Government securities. There was a rapid market adjustment to these expectations.
    [Show full text]
  • The Structure of the Securities Market–Past and Future, 41 Fordham L
    University of California, Hastings College of the Law UC Hastings Scholarship Repository Faculty Scholarship 1972 The trS ucture of the Securities Market–Past and Future William K.S. Wang UC Hastings College of the Law, [email protected] Thomas A. Russo Follow this and additional works at: http://repository.uchastings.edu/faculty_scholarship Part of the Securities Law Commons Recommended Citation William K.S. Wang and Thomas A. Russo, The Structure of the Securities Market–Past and Future, 41 Fordham L. Rev. 1 (1972). Available at: http://repository.uchastings.edu/faculty_scholarship/773 This Article is brought to you for free and open access by UC Hastings Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Faculty Publications UC Hastings College of the Law Library Wang William Author: William K.S. Wang Source: Fordham Law Review Citation: 41 Fordham L. Rev. 1 (1972). Title: The Structure of the Securities Market — Past and Future Originally published in FORDHAM LAW REVIEW. This article is reprinted with permission from FORDHAM LAW REVIEW and Fordham University School of Law. THE STRUCTURE OF THE SECURITIES MARIET-PAST AND FUTURE THOMAS A. RUSSO AND WILLIAM K. S. WANG* I. INTRODUCTION ITHE securities industry today faces numerous changes that may dra- matically alter its methods of doing business. The traditional domi- nance of the New York Stock Exchange' has been challenged by new markets and new market systems, and to some extent by the determina- tion of Congress and the SEC to make the securities industry more effi- cient and more responsive to the needs of the general public.
    [Show full text]
  • The Actual Problems of Assets Securitization in Commercial Organizations
    ISSN 0798 1015 HOME Revista ESPACIOS ! ÍNDICES ! A LOS AUTORES ! Vol. 39 (Nº22) Year 2018. Page 28 The Actual Problems of Assets Securitization in Commercial Organizations Los problemas actuales de titulación de activos en organizaciones comerciales Tatiana M. KOVALEVA 1; Oleg A. KHVOSTENKO 2; Alla G. GLUKHOVA 3; Evgeny V. MOZHAROVSKY 4 Received: 03/02/2018 • Approved: 02/03/2018 Contents 1. Introduction 2. Methodology 3. Results 4. Conclusions Bibliographic references ABSTRACT: RESUMEN: The goal of the article is to develop theoretical El objetivo del artículo es desarrollar disposiciones provisions of assets securitization in the Russian teóricas de titulización de activos en la Federación de Federation, to analyze the problems and prospects of Rusia, para analizar los problemas y las perspectivas its development. The main result of the research is de su desarrollo. El principal resultado de la the development of suggestions for expansion of the investigación es el desarrollo de sugerencias para la objects of securitized assets through the mechanisms expansión de los objetos de los activos titulizados a of securitization of income from personal income tax. través de los mecanismos de titulización de los Keywords: securitization, financial risks, personal ingresos del impuesto a la renta personal. income tax, risk management Palabras clave: titulización, riesgos financieros, impuesto a la renta personal, gestión de riesgos 1. Introduction 1.1. Establishing a context During the last ten years the financial market of the Russian Federation has changed a lot as far as the formation of different financial instruments aimed at improving efficiency is concerned. Securitization of assets has occupied an important position among the instruments of financing.
    [Show full text]