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To introduce and summarize the key features of market‐misconduct‐related offenses in the UK with a particular focus on insider dealing.
Abstract
Purpose
To introduce and summarize the key features of market‐misconduct‐related offenses in the UK with a particular focus on insider dealing.
Design/methodology/approach
Provides a detailed overview of: the market abuse regime of the UK's financial regulator, the Financial Services Authority (FSA),which implements the EC Market Abuse Directive; other regulatory powers used by the FSA in cases of market misconduct; and relevant criminal law offenses.
Findings
The FSA is given a broad range of powers that enable it to bring criminal or regulatory proceedings in the UK for market misconduct. The FSA's powers have thus far been used primarily within the regulatory framework, but the FSA has said that it will be prepared to pursue certain cases through the criminal courts where behavior justifies criminal rather than regulatory action. Although the two regimes are similar, there are some differences and both regimes must therefore be considered when analyzing compliance requirements or whether market misconduct has occurred.
Originality/value
This paper is an important reference for publicly traded issuers, those who recommend investments or investment strategies, and their advisors where any investment activity is carried on with the UK or involves UK markets.
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The purpose of this paper is to outline the objections to terms of FSA decision notice heard by the Financial Services and Markets Tribunal.
Abstract
Purpose
The purpose of this paper is to outline the objections to terms of FSA decision notice heard by the Financial Services and Markets Tribunal.
Design/methodology/approach
The paper outlines the facts surrounding the decision and comments on the ruling.
Findings
It was found that this ruling shows the difficulty facing senior individuals who have worked in head of compliance and other senior management functions within firms which are subsequently subject to discipline and enforcement for breaches of FSA rules and principles in relation to corporate governance, systems and controls and other serious compliance failings.
Originality/value
This paper provides useful information for those working in a senior management role.
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Andrew Trumble and Sean Pinder
The purpose of this paper is to test for managerial opportunism, specifically the backdating of executive options, in Australia.
Abstract
Purpose
The purpose of this paper is to test for managerial opportunism, specifically the backdating of executive options, in Australia.
Design/methodology/approach
The paper analyses the return behaviour associated with a sample of 161 unscheduled options granted by Australian firms. Specifically, the authors test for differences between a subsample of grants that had late‐filed notices (and hence may be subject to backdating) versus those that had notices filed on‐time.
Findings
Consistent with backdating, it is found that these abnormal post‐grant returns persist for a sub‐sample of late‐filed grants but not for a sub‐sample of grants with same‐day filing. Furthermore – the authors find even stronger results for option grants made by firms with a history of late‐filing but for which no notice was filed with the Australian Securities Exchange. This paper is the first to demonstrate these effects in a setting subject to the IFRS requirement that the fair value (rather than the intrinsic value) of executive options be expensed.
Originality/value
This paper is the first to demonstrate these effects in Australia and further in a setting subject to the IFRS requirement that the fair value (rather than the intrinsic value) of executive options be expensed.
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Richard Burger and George Davies
This paper summarises the FSA's enforcement action taken to date under the market abuse regime and considers how the implementation of the Market Abuse Directive (‘MAD’) will…
Abstract
This paper summarises the FSA's enforcement action taken to date under the market abuse regime and considers how the implementation of the Market Abuse Directive (‘MAD’) will affect the work of city compliance officers. In particular, this paper focuses on the new requirement for the regulated sector to make suspicious transaction reports in respect of market abusive behaviour as well as considering how the newly revamped market abuse regime will sit alongside the criminal offence of insider dealing.
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To discuss the FSA's enforcement action against the Royal Dutch/Shell group, which had been found to have made false or misleading announcements regarding its proved hydrocarbon…
Abstract
Purpose
To discuss the FSA's enforcement action against the Royal Dutch/Shell group, which had been found to have made false or misleading announcements regarding its proved hydrocarbon reserves and reserves placement ratio's 1998‐2003.
Design/methodology/approach
Presents the facts forming the background to the case.
Findings
Finds that the Chairman of Shell's defence in the case contains some justifiable points, although the tribunal's decision went against him.
Originality/value
Arguably, lays the foundation for further discussion of points such as these, foreshadowring a forthcoming publication on the UK financial regulation.
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Hui Ying Lai, Abdul Rashid Abdul Aziz and Toong Khuan Chan
– The aim of this case study is to characterize the impact of the 2008 global financial crisis on the financial performance of public listed construction companies.
Abstract
Purpose
The aim of this case study is to characterize the impact of the 2008 global financial crisis on the financial performance of public listed construction companies.
Design/methodology/approach
Financial analysis was conducted on 32 public listed construction companies in Malaysia. Twelve financial ratios were examined to determine the profitability, liquidity, activity, leverage and solvency of these companies over the period between 2005 and 2010. This was complemented by a distress analysis using Altman’s Z-index. The study also used a content analysis of the Chairman’s or Managing Director’s statement to shareholders to uncover the responses and strategic initiatives undertaken by the management in response to the financial crisis.
Findings
The only direct impact of the financial crisis was a reduction in profitability. Total revenues and total assets of these companies continue to grow due to increased demand for construction from year 2007 following two large capital investment programs initiated by the Malaysian Government to mitigate the potential effects of the financial crisis. Net profits rebounded back to 5 per cent by year 2010. These companies immediately responded to the crisis with more prudent financial management; curtailing expenses, cutting dividends, reducing bank borrowings, increasing equity; and to the extent of disposing of assets to mitigate losses.
Research limitations/implications
The sample of only 32 public listed companies out of a total of more than 60,000 construction companies may be considered small, but these 32 companies represent nearly 20 per cent of the total construction volume for 2010.
Practical implications
The study documents the effects of increased capital spending by the government to mitigate the loss of investor confidence followed by a slowdown in economic growth during a period of global financial distress. Key findings will inform on prudent financial management to withstand future financial crises.
Originality/value
The responses and strategies adopted by the management to mitigate the effects and to enhance future performance of these companies have been uncovered. These are important considerations in managing construction companies; the analysis and observations will be invaluable to researchers intending to study how the construction industry responds to a future slump in demand.
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The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…
Abstract
The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:
Russel Poskitt and Peihong Yang
This study investigates the impact of the enhanced continuous disclosure regime introduced in December 2002 on several measures of information risk in NZX‐listed stocks. We employ…
Abstract
This study investigates the impact of the enhanced continuous disclosure regime introduced in December 2002 on several measures of information risk in NZX‐listed stocks. We employ two microstructure models and an intraday data set to measure information risk in a sample of 71 stocks. Our empirical results show that the reforms enacted in December 2002 had no significant effect on either the level of information‐based trading or the adverse selection component of market spreads in our sample of NZX‐listed stocks.
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A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that…
Abstract
A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).