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Index
Halftitle page
Title page
Copyright page
Preface
How We Came to Write This Book
How to Read This Book
Acknowledgements
Contents
List of Abbreviations
Table of Cases
UK
Australia
EU
US
Table of Legislation
(UK)
Statutory Instruments
US Codes and Statutes
European Legislation
Table of Basel Accords
Guide to the Companion Website
Part A Foundations
1. Introduction
1.1 The Changing Financial System
1.2 The Genesis of the Financial Crisis
1.3 The Intellectual Framework
1.4 This Book’s Foundations
1.5 An Overview of the Rest of the Book
1.6 Conclusion
2. The Financial System
2.1 Introduction
2.2 The Functions of Financial Systems
2.3 The (Traditional) Components of the Financial System
2.4 International Differences in Financial Systems
2.5 Changes in the Financial System
2.6 Where Financial Systems Go Wrong
2.7 Conclusion
3. The Goals and Strategies of Financial Regulation
3.1 Introduction
3.2 The Efficiency of Markets
3.3 Market Failures
3.4 The Goals of Financial Regulation
3.5 The Strategies of Financial Regulation
3.6 Conclusion
4. The Limits of Financial Regulation
4.1 Introduction
4.2 The Informational Challenge
4.3 Regulatory Arbitrage
4.4 Design Challenges
4.5 The Political Economy of Financial Regulation
4.6 The International Context
4.7 Overcoming the Limitations?
4.8 Conclusion
Part B Financial Markets
5. Theory of Financial Markets
5.1 Introduction
5.2 Efficient Markets
5.3 Market Participants
5.4 Price Setting
5.5 Conclusion
6. Information Intermediaries
6.1 Introduction
6.2 The Role of Information Intermediaries: General Considerations
6.3 The Roles of Information Intermediaries: Specific Cases
6.4 The regulation of information intermediaries
6.5 Conclusion
7. Market Structure
7.1 Introduction
7.2 Stock Exchanges
7.3 Off-Exchange Trading Systems
7.4 The Structure of Corporate Bond Markets
7.5 The Role of Regulation
7.6 Conclusion
8. Issuer Disclosure Regulation
8.1 Introduction
8.2 The Use of Disclosure to Protect Investors in Securities Markets
8.3 Why is Mandatory Disclosure Mandatory?
8.4 The Scope of Issuer Disclosure Obligations
8.5 The Content of Issuer Disclosure: Initial and Ongoing Disclosures
8.6 Enforcement of Mandatory Disclosure Obligations
8.7 Conclusion
9. Trading and Market Integrity
9.1 Introduction
9.2 Market Manipulation and Insider Trading
9.3 The Regulation of Insider Trading
9.4 The Regulation of Market Manipulation
9.5 Enforcement
9.6 Short Selling
9.7 Conclusion
Part C Consumers and the Financial System
10. Regulating Consumer Finance
10.1 Introduction
10.2 Imperfect Consumer Choice
10.3 Can Markets Supply Solutions?
10.4 Justifying Regulatory Intervention in Consumer Finance Markets
10.5 Who Should be Treated as a ‘Consumer’?
10.6 Conclusion
11. Financial Advice
11.1 Introduction
11.2 Regulatory Strategies for Financial Advice
11.3 Regulating the Relationship between the Adviser and the Investor
11.4 Conclusion
12. Financial Products
12.1 Introduction
12.2 An Overview of Retail Financial Products
12.3 Regulating Consumer Financial Products
12.4 Prudential Regulation
12.5 Conclusion
Part D Banks
13. Theory of Banking
13.1 Introduction
13.2 What is a Bank?
13.3 Payments
13.4 Monitoring and Screening
13.5 The Regulation of Banks
13.6 Conclusion
14. Capital Regulation
14.1 Introduction
14.2 Setting Capital Rules: The Main Issues
14.3 Against Which Risks Should Capital be Held?
14.4 Risk-Weighting of Assets
14.5 What Counts as Capital? Basel III Requirements
14.6 Are Basel III Capital Levels High Enough?
14.7 Conclusion
15. Liquidity Regulation
15.1 Introduction
15.2 Bank Runs
15.3 Regulating Banks’ Balance Sheets for Liquidity
15.4 Insuring the Bank
15.5 Insuring Short-Term Funders
15.6 Conclusion
16. Bank Resolution
16.1 Introduction
16.2 Bail-Outs
16.3 Special Transfer Procedures for Banks and Other Financial Institutions
16.4 Resolution and Large Banks/Non-Financial Institutions
16.5 Bail-In
16.6 Bail-in and Single Point of Entry Resolution
16.7 Contingent Capital
16.8 Resolution in the European Banking Union
16.9 Conclusion
17. Bank Governance
17.1 Introduction
17.2 Corporate Governance: How are Banks Different?
17.3 Bank Boards of Directors
17.4 Executive Pay in Banks
17.5 Shareholder Rights
17.6 Liability Rules
17.7 Conclusion
18. Payment and Settlement Systems
18.1 Introduction
18.2 Wholesale Payment Systems
18.3 Securities Settlement Systems
18.4 Retail Payment Systems
18.5 Emerging Issues in Payment and Settlement Systems
18.6 Conclusion
19. The Macroprudential Approach
19.1 Introduction
19.2 Foundations of the Macroprudential Perspective
19.3 The Evolution of Macroprudential Tools
19.4 The Challenges of MacroPru
19.5 New Macroprudential Institutions
19.6 Information Gathering and Analysis
19.7 Conclusion
Part E Markets and Banks
20. Market-Based Credit Intermediation: Shadow Banks and Systemic Risk
20.1 Introduction
20.2 The Rise of Market-Based Credit Intermediation
20.3 Liquidity and Maturity Transformation through Markets: Enter Systemic Risk
20.4 Securitization and the ‘Perfection’ of Credit Transformation
20.5 Shadow Banking and Market-Based Financial Intermediation
20.6 Conclusion
21. Making Markets
21.1 Introduction
21.2 Wholesale Funding Markets
21.3 Structured Finance Markets and Securitization
21.4 OTC Derivatives Markets
21.5 Interconnection and Intermediation Chains
21.6 Conclusion
22. Asset Managers and Stability
22.1 Introduction
22.2 Collective Investment Funds
22.3 Insurance
22.4 Pension Schemes
22.5 Conclusion
23. Structural Regulation
23.1 Introduction
23.2 The Rationale(s) for Structural Regulation
23.3 The Strength of the Partition
23.4 The Activities Restricted
23.5 Exemptions
23.6 Linkage to Other Stability Measures
23.7 Conclusion
Part F The Mix of Institutions
24. From Principles to Practice
24.1 Introduction
24.2 Design Choices in Institutional Architecture
24.3 An Overview of Regulatory Architecture
24.4 Regulatory Delegation to Market Participants
24.5 Conclusion
25. The Political Economy of Financial Regulation
25.1 Introduction
25.2 The Internal Motivations of Financial Policymakers
25.3 The External Influences on Financial Policymakers
25.4 Regulatory Failures
25.5 Constraining Regulatory Failure: Holding Policymakers to Account
25.6 Conclusion
26. Supervision and Enforcement of Financial Regulation
26.1 Introduction
26.2 The Dimensions of Supervision
26.3 The Dimensions of Enforcement
26.4 The Relationship between Regulation, Supervision, and Enforcement
26.5 Conclusion
27. Regulatory Architecture: What Matters?
27.1 Introduction
27.2 The Horizontal Allocation of Subject-Matter Jurisdiction
27.3 Regulatory Hierarchy: The Primacy of Financial Stability
27.4 Conclusion
28. International Regulatory Coordination
28.1 Introduction
28.2 The Institutions of International Regulatory Coordination
28.3 The Post-Crisis Response of International Organizations
28.4 One Hard Law Post-Crisis Response: The European Banking Union
28.5 International Financial Regulatory Coordination: The Problem of Supervision
28.6 Post-Crisis Response: Cross-Border Resolution
28.7 Is International Financial Regulatory Convergence, or Harmonization, Desirable?
28.8 Why Not an International Regulator?
28.9 Conclusion
29. Conclusion—Designing Tomorrow’s Financial System Today
29.1 Gains from Translation
29.2 What Have We Learned?
29.3 Emerging Issues
Index
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