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1 – 10 of over 2000
Article
Publication date: 1 March 2001

Mark McGinness

Most governments would profess either to having a model regulatory system for their markets or at least to having a proposal for a model regulatory system. The leading…

Abstract

Most governments would profess either to having a model regulatory system for their markets or at least to having a proposal for a model regulatory system. The leading international grouping of securities market regulators, the International Organisation of Securities Commissions (IOSCO), which comprises the regulatory bodies of almost 100 countries with day‐to‐day responsibility for securities regulation and the administration of securities laws, has devised a benchmark standard of regulatory best practice against which regulators around the world can reliably measure their operations' effectiveness.

Details

Journal of Financial Crime, vol. 9 no. 1
Type: Research Article
ISSN: 1359-0790

Article
Publication date: 6 July 2012

Hendi Yogi Prabowo

The purpose of this paper, which is based on author's PhD study, is to assess the efficacy of Indonesia's credit card fraud prevention from a strategic point of view, using a…

3019

Abstract

Purpose

The purpose of this paper, which is based on author's PhD study, is to assess the efficacy of Indonesia's credit card fraud prevention from a strategic point of view, using a model of payments fraud prevention practice developed by the author based on similar practices in the USA, the UK and Australia.

Design/methodology/approach

Primary and secondary data, particularly from the payments system of the USA, the UK, Australia and Indonesia were used. Such data were collected by means of literature reviews and in‐depth interviews with payments system professionals.

Findings

The author establishes that credit card fraud prevention practice in Indonesia is still at a lower level of robustness than those in the USA, the UK and Australia. Deficiencies in the credit card fraud prevention practice in Indonesia are indicated, inter alia, by a lack of reliable fraud data collection, management and distribution mechanisms as well as a lack of effective and efficient identity management practice. Deficiencies and weaknesses in the system should be identified and action taken to make it more consistent with credit card fraud prevention practices of other countries.

Originality/value

The paper sees credit card fraud prevention practice in Indonesia as a function of many factors which influence one another, based on which the analysis is built.

Details

Journal of Money Laundering Control, vol. 15 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 9 October 2019

John Douglas MacFarlane, Sean Phelps and Nico Schulenkorf

The purpose of this paper is to document and explore the perceptual motivations for voluntary and continued affiliation with a fitness industry register by its affiliates…

Abstract

Purpose

The purpose of this paper is to document and explore the perceptual motivations for voluntary and continued affiliation with a fitness industry register by its affiliates (“members”) and non-affiliates (“non-members”). The formation of fitness industry registers to impart self-regulation is a common global occurrence. Their sustainment, however, is reliant on the motivations and voluntary support of industry members. Limited work has been done in this area.

Design/methodology/approach

This qualitative study uses the interpretive research paradigm, involving semi-structured interviews with 12 Auckland, New Zealand, fitness centre managers, industry associations, New Zealand Register of Exercise Professionals (Reps NZ) and Fitness New Zealand. Lenox’s (2006) participation-contingent benefits framework provides the necessary lens to explore the perceptual motivations behind participation/non-participation by fitness centres with an industry self-regulatory system (i.e. Reps NZ).

Findings

Whereas participation-contingent benefits are perceived minimal, and exceeded by affiliation limitations, there is institutional congruence for industry regulation to exist, thus creating institutional pressures that encourage affiliation and retention. Whereas affiliates choose to absorb the associated inconveniences of affiliation to “support” Reps NZ, non-affiliates question the register’s regulatory form, choosing to avoid the affiliation costs and limitations.

Originality/value

This study lends further support that institutional development is crucial for inclusive, substantive and sustainable self-regulatory systems. Regardless of the perceived low return on participation-contingent benefits, industry self-regulation can be sustained if there is a desire by industry members to maintain the institutional notion that the regulation needs to exist.

Details

Sport, Business and Management: An International Journal, vol. 9 no. 5
Type: Research Article
ISSN: 2042-678X

Keywords

Open Access
Article
Publication date: 25 March 2020

Ana Odorović and Karsten Wenzlaff

The paper discusses the rationale for a widespread reliance on Codes of Conduct (CoC) in European crowdfunding through the lenses of economic theories of self-regulation. By…

2504

Abstract

Purpose

The paper discusses the rationale for a widespread reliance on Codes of Conduct (CoC) in European crowdfunding through the lenses of economic theories of self-regulation. By analysing the institutional design of CoCs in crowdfunding, the paper illustrates the differences in their regulatory context, inclusiveness, monitoring and enforcement. It offers the first systematic overview of substantial rules of CoCs in crowdfunding.

Design/methodology/approach

A comparative case study of nine CoCs in Europe is used to illustrate differences in their institutional design and discern the economic purpose of the CoC.

Findings

The institutional design of different CoCs in Europe mainly supports voluntary theories of self-regulation. In particular, the theory of reputation commons has the most explanatory power. The substantial rules of CoC in different markets show the potential sources of market failure through the perspectives of platforms.

Research limitations/implications

CoCs appear in various regulatory, cultural, and industry contexts of different countries. Some of the institutional design features of CoC might be a result of these characteristics.

Practical implications

Crowdfunding associations wishing to develop their own CoC may learn from a comparative overview of key provisions.

Social implications

For governments in Europe, contemplating creating or revising bespoke crowdfunding regimes, the paper identifies areas where crowdfunding platforms perceive market failure.

Originality/value

This paper is the first systematic study of self-regulatory institutions in European crowdfunding. The paper employs a theoretical framework for the analysis of self-regulation in crowdfunding and provides a comparison of a regulatory context, inclusiveness, monitoring and enforcement of different CoCs in Europe.

Details

Baltic Journal of Management, vol. 15 no. 2
Type: Research Article
ISSN: 1746-5265

Keywords

Article
Publication date: 1 February 2001

Betty Santangelo and Margaret Jacobs

An analysis of two recent decisions concerning both the NASD and the NYSE involving determinations as to whether or not there are colorable claims that each SRO is acting in a…

Abstract

An analysis of two recent decisions concerning both the NASD and the NYSE involving determinations as to whether or not there are colorable claims that each SRO is acting in a “governmental” capacity.

Details

Journal of Investment Compliance, vol. 2 no. 1
Type: Research Article
ISSN: 1528-5812

Article
Publication date: 19 October 2020

Nipa Saha

This paper aims to outline the historic development of advertising regulation that governs food advertising to children in Australia. Through reviewing primary and secondary…

1397

Abstract

Purpose

This paper aims to outline the historic development of advertising regulation that governs food advertising to children in Australia. Through reviewing primary and secondary literature, such as government reports and research, this paper examines the influence of various regulatory policies that limit children’s exposure to food and beverage marketing on practices across television (TV), branded websites and Facebook pages.

Design/methodology/approach

This paper reviews studies performed by the food industry and public health researchers and reviews of the evidence by government and non-government agencies from the early 19th century until the present day. Also included are several other research studies that evaluate the effects of self-regulation on Australian TV food advertising.

Findings

The government, public health and the food industry have attempted to respond to the rapid changes within the advertising, marketing and media industries by developing and reviewing advertising codes. However, self-regulation is failing to protect Australian children from exposure to unhealthy food advertising.

Practical implications

The findings could aid the food and beverage industry, and the self-regulatory system, to promote comprehensive and achievable solutions to the growing obesity rates in Australia by introducing new standards that keep pace with expanded forms of marketing communication.

Originality/value

This study adds to the research on the history of regulation of food advertising to children in Australia by offering insights into the government, public health and food industry’s attempts to respond to the rapid changes within the advertising, marketing and media industries by developing and reviewing advertising codes.

Details

Journal of Historical Research in Marketing, vol. 12 no. 4
Type: Research Article
ISSN: 1755-750X

Keywords

Article
Publication date: 1 April 2005

Ben A. Indek, Christian J. Mixter and E. Andrew Southerling

To discuss the implications of Information Memorandum No. 05‐65, issued on September 14, 2005, in which the NYSE's Division of Enforcement explains to the Exchange community its…

113

Abstract

Purpose

To discuss the implications of Information Memorandum No. 05‐65, issued on September 14, 2005, in which the NYSE's Division of Enforcement explains to the Exchange community its thinking on the meaning and virtues of corporate cooperation with regulators.

Design/methodology/approach

Discusses cooperation in the context of Securities and Exchange Commission Seaboard Report and the Department of Justice Thompson Memorandum; describes the eight standards of “extraordinary cooperation” in the Information Memorandum; and discusses pitfalls such as the lack of any guarantee that a member organization and the exchange will agree on what behavior constitutes extraordinary cooperation, the need to balance prompt reporting of a problem with the need for thorough investigation, and the problem that a member firm may feel pressured to waive attorney‐client privilege to earn “cooperation points.”

Findings

The Information Memorandum is noteworthy because it attempts to fit the concept of “creditworthy” cooperation into the framework of a self‐regulatory organization by defining a new goal of “extraordinary cooperation,” and also highlights some of the dicier aspects of the “cooperative” regime under which corporate America has lived for the past four years.

Originality/value

Provides helpful interpretation of NYSE Information Memorandum No. 05‐65 and its implications for a member firm that faces an investigation.

Details

Journal of Investment Compliance, vol. 6 no. 2
Type: Research Article
ISSN: 1528-5812

Keywords

Article
Publication date: 1 January 2004

Stuart J. Kaswell and Megan C. Johnson

On December 17, 2003 the Securities and Exchange Commission (SEC) approved an overhaul of the New York Stock Exchange’s (NYSE’s) system of corporate governance. After questions…

Abstract

On December 17, 2003 the Securities and Exchange Commission (SEC) approved an overhaul of the New York Stock Exchange’s (NYSE’s) system of corporate governance. After questions arose concerning the NYSE’s ability to discharge its self‐regulatory functions following the resignation of former Chairman and CEO Richard Grasso, Interim Chairman John Reed proposed new governance architecture including a newly independent Board of Directors and a separate Board of Executives designed to represent the NYSE’s various constituencies. The new architecture reflects an effort to strike a balance between an independent board of directors and the desire for input from the industry, i.e., self‐regulation. This new structure should not be seen as the SEC’s determination of the future of self‐regulation, but simply as the most recent step in refining and improving the self‐regulatory process at the NYSE and other marketplaces as well.

Details

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

Keywords

Article
Publication date: 1 January 1995

GARY HAGLAND

Schedule 2 of the Financial Services Act 1986 (FSA) was amended by s. 204(1) of the Companies Act 1989 to make it incumbent on self‐regulatory organisations (SROs) to have a…

Abstract

Schedule 2 of the Financial Services Act 1986 (FSA) was amended by s. 204(1) of the Companies Act 1989 to make it incumbent on self‐regulatory organisations (SROs) to have a satisfactory mechanism to take account of cost factors in compliance. Critically, however, published regulatory guidelines for the assessment of cost of compliance fail to address a key and fundamental quantitative aspect of the entire industry equation — that of people and the impact of a compliance based control administration upon their individual professional motivation. This paper attempts to evaluate critically such a compliance administrative control system on the employees of an FSA authorised financial institution.

Details

Journal of Financial Regulation and Compliance, vol. 3 no. 1
Type: Research Article
ISSN: 1358-1988

Article
Publication date: 7 September 2012

Paul M. Architzel and Petal P. Walker

The paper's aim is to explain the rules the Commodity Futures Trading Commission has adopted for the segregation of cleared swaps customers' collateral as mandated by the…

Abstract

Purpose

The paper's aim is to explain the rules the Commodity Futures Trading Commission has adopted for the segregation of cleared swaps customers' collateral as mandated by the Dodd‐Frank Act.

Design/methodology/approach

The paper discusses: the deliberations that led the commission to arrive at the legal separation with operational commingling model (“LSOC”) as the regulatory standard; the characteristics of the LSOC model; and the possible future enhancements to the segregation framework under consideration by the commission, including the guaranteed clearing participant model.

Findings

Although the commission has adopted the final rules that will implement LSOC as the segregation model for cleared swaps, a number of significant issues remain open and are likely to be revisited by the commission. Additional changes to the segregation framework may be proposed as the lessons of the MF Global Bankruptcy proceedings become evident.

Originality/value

Practical guidance from experienced financial services lawyers is provided by the paper.

Details

Journal of Investment Compliance, vol. 13 no. 3
Type: Research Article
ISSN: 1528-5812

Keywords

1 – 10 of over 2000