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Article
Publication date: 6 November 2017

Dorothee Fischer-Appelt

To analyse the changes brought about by the new EU Prospectus Regulation, which replaced the EU Prospectus Directive, which has been the cornerstone of EU securities regulation

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Abstract

Purpose

To analyse the changes brought about by the new EU Prospectus Regulation, which replaced the EU Prospectus Directive, which has been the cornerstone of EU securities regulation for over a decade. The Regulation is part of the EU Commission’s plans for a Capital Markets Union launched in September 2015, which is intended to achieve a true single market for capital across the EU and allow companies to access the capital markets in a more cost efficient way.

Design/methodology/approach

This article discusses the key changes to the European prospectus regime included in the new EU Prospectus Regulation and highlights the changes compared to the old prospectus regime.

Findings

The new Prospectus Regulation will change current prospectus rules and practice for both equity and debt issuances in several areas and will contribute to a more uniform European prospectus regime. For EU Member States, the format of a regulation (rather than directive) that the new Prospectus Regulation has taken means that there will be much less room for divergence of prospectus rules across its member states. The Regulation’s success in making EU capital markets more uniform will depend to a great extent on whether the application of the new rules by member states’ regulators will be more consistent.

Originality/value

Key EU securities law changes are explained by an experienced EU and US securities lawyer practising in London.

Details

Journal of Investment Compliance, vol. 18 no. 4
Type: Research Article
ISSN: 1528-5812

Keywords

Article
Publication date: 16 March 2012

Meike Janssen and Ulrich Hamm

In July 2010, a mandatory European Union (EU) logo for organic food was introduced to strengthen the organic sector by making the identification of organic products easier for…

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Abstract

Purpose

In July 2010, a mandatory European Union (EU) logo for organic food was introduced to strengthen the organic sector by making the identification of organic products easier for consumers. The present study aims to analyse how consumers in five EU countries view a mandatory EU logo for organic food and to give recommendations for agrarian decision makers and market actors in the organic sector.

Design/methodology/approach

The study is based on a combination of qualitative and quantitative methods to provide a comprehensive picture of consumer views. Focus group discussions were conducted with consumers in the Czech Republic, Denmark, Germany, Italy and the UK. A subsequent survey with 2,042 participants was carried out to quantify consumer views on key issues and analyse country differences. Finally, the results of the qualitative and quantitative study were brought together.

Findings

While the introduction of a mandatory EU logo for organic food was generally welcomed in all countries, trust in the underlying production standards and the inspection system was not very pronounced (except in Italy). The authors conclude that the introduction of the new EU logo should be supported by communication campaigns to make clear what the new logo stands for and remove unfounded consumer concerns regarding the downscaling of standards and the trustworthiness of the inspection system.

Originality/value

To the authors' knowledge, no previous studies exist on consumer views on a mandatory EU logo for organic food. The recommendations drawn from their findings can help to reach the objectives connected with the introduction of the mandatory EU logo.

Article
Publication date: 21 March 2023

Xuan Sean Sun, Ahsan Habib and Daifei Troy Yao

This study aims to examine the impact of different levels of required book-tax conformity (BTC) on audit clients' demand for auditor-provided tax services (APTS). In addition, the…

Abstract

Purpose

This study aims to examine the impact of different levels of required book-tax conformity (BTC) on audit clients' demand for auditor-provided tax services (APTS). In addition, the authors also investigate the effects of the European Union (EU) Regulation (2014).

Design/methodology/approach

This study utilizes a sample of listed companies from 10 EU countries between 2010 and 2019. The final sample consists of 16,049 firm-year observations from 2,515 unique firms, and the authors use both probit and ordinary least square (OLS) regression models in this study.

Findings

The main finding of this paper is that companies listed in countries with a higher level of BTC are less likely to purchase tax services from incumbent auditors and pay fewer auditor-provided tax service fees. Results from further analyses confirm that firms substantially reduced their purchase of APTS after the EU Regulation (2014) was implemented, but these reduced purchases were found to be more pronounced for firms located in countries with low BTC.

Originality/value

This study advances the understanding of the determinants of APTS and the consequences of BTC. Specifically, the authors report that variation in a country-specific feature (i.e. BTC) also affects firms' decision to purchase APTS. Moreover, this paper provides some preliminary evidence of the new regulation and contributes to the literature on APTS regulation. The findings of this study have important policy implications for regulators and are also relevant for various capital market participants.

Details

Journal of Accounting Literature, vol. 45 no. 3
Type: Research Article
ISSN: 0737-4607

Keywords

Article
Publication date: 6 November 2018

Andrew Haynes

The purpose of this paper is to provide an analysis of the market abuse regulation to determine whether the general assumption that it has made little difference to the…

Abstract

Purpose

The purpose of this paper is to provide an analysis of the market abuse regulation to determine whether the general assumption that it has made little difference to the pre-existing UK law on market abuse is accurate. In particular, the potential impact on compliance and behaviour in financial services firms and those who potentially receive inside information is considered.

Design/methodology/approach

The methodology adopted is a combination of critical analysis and black letter law utilised to determine the content and potential impact of the market abuse regulation. A process of discovery made more important by the limited assistance given by the European Securities and Markets Authority and the Financial Conduct Authority in terms of the guidance and definitions they have provided.

Findings

The new Regulation has a wider definition of insider dealing than under the previous law, has a wider application in terms of the financial instruments that it applies to, has triggered significant new compliance and disclosure requirements and it also extends the law to new markets.

Research limitations/implications

There are limitations in that the relevant regulatory bodies, ESMA and the FCA have made little effort to clarify how they interpret the new Regulation. This is a serious problem because in the case of the FCA, their view will impact on the approach they will take in future enforcement actions.

Practical implications

This paper provides the first real analysis of the market abuse regulation’s effect and shows that, if carefully analysed in context, it has a significant impact on firms in the financial services sector and those engaged in activities which can put them in receipt of inside information. It will cause an increase in relevant compliance and has significant cost implications for affected firms.

Social implications

This is not really relevant here. There will be necessary changes to compliance procedures.

Originality/value

The originality stems from the fact that there appears to be little else published which has engaged in a sustained analysis of the impact and effect of the EU market abuse regulation on the UK’s financial markets and those other firms who receive inside information.

Details

Journal of Financial Regulation and Compliance, vol. 26 no. 4
Type: Research Article
ISSN: 1358-1988

Keywords

Article
Publication date: 1 May 1995

Andrew Cumbers, Roger Leigh and David Smallbone

Examines the impact of the Single European Market on small andmedium‐sized firms (SMEs) in the food sector. The effects of complyingwith new Single Market regulations have fallen…

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Abstract

Examines the impact of the Single European Market on small and medium‐sized firms (SMEs) in the food sector. The effects of complying with new Single Market regulations have fallen disproportionately on SMEs, which do not have access either to the resources or information available to larger firms. One consequence is that many small firm managers view the Single Market programme purely as an extra regulatory burden, with which they have to comply, without realizing the benefits. Advocates a more conciliatory approach to the implementation of European legislation by officials in the UK. Also highlights the need for a central body to co‐ordinate the implementation of standards and provide advice for SMEs.

Details

British Food Journal, vol. 97 no. 4
Type: Research Article
ISSN: 0007-070X

Keywords

Article
Publication date: 21 June 2023

Antonia Müller and Svend Reuse

Following the United Kingdom's (UK) withdrawal from the European Union (EU), there is uncertainty in the financial services industry on equivalence of regulatory regimes. This…

Abstract

Purpose

Following the United Kingdom's (UK) withdrawal from the European Union (EU), there is uncertainty in the financial services industry on equivalence of regulatory regimes. This also affects the insurance industry. As of now, it is not clear if the UK’s supervisory regime (“Solvency UK”) will be classified as equivalent to the European Solvency II supervisory regime. After no equivalence decision was taken during the Brexit transition period and there are efforts by the UK in the form of the UK Solvency II Review and the Financial Services and Markets Bill to adapt Solvency II more to the characteristics of the national insurance market, the uncertainties are intensified. Although Solvency II non-equivalence would have a significant impact on insurance groups operating in both the UK and the EU, there has been no detailed analysis of whether these initiatives could have an impact on a future Solvency II equivalence decision. The purpose of this paper is to address and close this research gap with a literature review and a subsequent equivalence mapping and discussion.

Design/methodology/approach

Based on the literature review methodology, this paper draws on academic sources as well as publications from governments and regulators, articles from consultancies and subject matter experts and uses this literature to provide an overview of the current state of research on equivalence in the wider financial services industry, but specifically on Solvency II equivalence, the UK Solvency II Review and the Financial Services and Markets Bill. Based on this literature review, the paper also forms the basis for an innovative and forward-looking Solvency II equivalence mapping and discussion.

Findings

Several articles state that differences between Solvency II and Solvency UK could harm a future Solvency II equivalence decision. The UK Solvency II Review and the Financial Services and Markets Bill are two initiatives that support the objective of aligning the Solvency II supervisory regime more closely with the circumstances of the UK insurance market. Although both initiatives contribute to the fact that Solvency UK differs in parts from Solvency II, based on the literature review and the subsequent equivalence mapping and discussion, there are currently no reforms that should harm future Solvency II equivalence decisions.

Originality/value

This paper provides a previously non-existent overview of equivalence in the wider financial services industry, but specifically on Solvency II equivalence, the UK Solvency II Review and the Financial Services and Markets Bill, and brings them together in an innovative equivalence discussion. It thus presents the current state of knowledge on Solvency II after Brexit and develops it further around a mapping against the equivalence criteria. As non-equivalence could have significant implications for insurance groups operating in both the UK and the EU, this paper is a useful and practical study that provides a previously non-existent equivalence mapping and discussion based on current initiatives and publications. It thus closes the research gap identified and reduces uncertainties in the insurance industry and can be used as a blueprint for detailed and forward-looking equivalence mappings and discussions for the wider financial services industry.

Details

Journal of Financial Regulation and Compliance, vol. 31 no. 5
Type: Research Article
ISSN: 1358-1988

Keywords

Book part
Publication date: 28 July 2014

Tineke Lambooy, Rosemarie Hordijk and Willem Bijveld

The authors have examined the developments in law and in practice concerning integrated reporting. An integrated report combines the most material elements of information about…

Abstract

Purpose

The authors have examined the developments in law and in practice concerning integrated reporting. An integrated report combines the most material elements of information about corporate performance (re: financial, governance, social and environmental functioning) – currently reported in separate reports – into one coherent whole. The authors first explore the motivation of companies and legislators to introduce integrating reporting. Next, they analyse how integrated reporting can be supported by legislation thereby taking into account the existing regulatory environment.

Methodology/approach

Literature study; desk research, analysing integrated reports; organisation of an international academic conference (30 May 2012 in Rotterdam, the Netherlands).

Findings

EU law needs adjusting in the field of corporate annual reporting. Although integrated reporting is currently being explored by some frontrunners of the business community and is being encouraged by investors, the existing legal framework does not offer any incentive, nor is uniformity and credibility in the reporting of non-financial information stimulated. The law gives scant guidance to companies to that end. The authors argue that amending the mandatory EU framework can support the comparability and reliability of the corporate information. Moreover, a clear and sound EU framework on integrated corporate reporting will assist international companies in their reporting. Presently, companies have to comply with various regulations at an EU and a national level, which do not enhance a holistic view in corporate reporting. The authors provide options on how to do this. They suggest combining EU mandatory corporate reporting rules with the private regulatory reporting regime developed by the Global Reporting Initiative (GRI).

Research limitations/implications

Focus on EU and Dutch corporate reporting laws, non-legislative frameworks, and corporate practices of frontrunners.

Practical and social implications and originality/value of the chapter

The chapter can provide guidance to policymakers, companies and other stakeholders who want to form an opinion on how to legally support integrated reporting. It addresses important questions, especially concerning how European and domestic legislation could be adjusted in order to (i) reflect the newest insights regarding corporate transparency and (ii) become an adequate framework for companies with added benefits for financiers and investors. Moreover, it reports on the benefits of integrated reporting for reporting companies. The authors argue that integrated reporting can be a critical tool in implementing corporate social responsibility (CSR) in the main corporate strategy of a company.

Details

Communicating Corporate Social Responsibility: Perspectives and Practice
Type: Book
ISBN: 978-1-78350-796-2

Keywords

Article
Publication date: 8 August 2019

Iain Clacher, Alan Duboisée de Ricquebourg and Amy May

While recently introduced EU regulation on the statutory audit of public interest entities (PIEs) aims to improve audit competition and quality, its success and impact depends on…

Abstract

Purpose

While recently introduced EU regulation on the statutory audit of public interest entities (PIEs) aims to improve audit competition and quality, its success and impact depends on the definition of a PIE applied across the various EU Member States. In the UK, even though little is known about their auditing choices, these changes will not apply to most private companies despite their importance to the wider economy. The purpose of this paper is to provide an in-depth analysis of the private company audit market and examine the lobbying behaviour of the accounting profession around the definition of a PIE in the UK.

Design/methodology/approach

Using a large panel of independent private company audits in the UK and a textual analysis of submitted comment letters to a government consultation on the new regulation, this paper presents a comprehensive analysis of the audit market for private companies by measuring supplier concentration using four different measures of market share, and of the lobbying behaviour of the accounting profession.

Findings

There are two main findings. First, the private company audit market is characterised by low auditor switching rates along with a tight oligopoly of the largest independent private company audits maintained by the Big Four audit firms. Second, the lobbying behaviour of accounting and audit firms sought, and succeeded, to limit the scope of the definition of a PIE in the UK, consistent with the theoretical predictions of monopoly capitalism and the theory of professions.

Originality/value

The paper shows that the definition and scope of a PIE needs revisiting both within the UK and across all EU Member States, with a view to including more of these economically important private companies and highlights the policy challenge of increasing competition and choice in a concentrated audit market.

Details

Accounting, Auditing & Accountability Journal, vol. 32 no. 5
Type: Research Article
ISSN: 0951-3574

Keywords

Expert briefing
Publication date: 11 December 2020

The EU has exercised significant authority over the digital economy in areas ranging from data privacy and antitrust to illegal state aid and social media disinformation. Under…

Details

DOI: 10.1108/OXAN-DB258162

ISSN: 2633-304X

Keywords

Geographic
EUR
Topical
Expert briefing
Publication date: 21 December 2015

The November Paris terrorist attacks are giving increased urgency to ongoing reforms of Europol, already given impetus by other implemented or foiled terrorist attacks in the EU

Details

DOI: 10.1108/OXAN-DB207447

ISSN: 2633-304X

Keywords

Geographic
Topical
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