Abstract
The law governing the supply of financial products and financial services is a minefield of opposing political, social and economic interests. This book analyses the issues and history, provides insight into competitive jurisdictions and proposes law reform to better address the objective of investors as financial consumers.
This ground-breaking book provides a comprehensive legal review of the Australian non-bank financial sector. It analyses and explains its evolution since deregulation in 1981 until today. It explores non-bank financial entities (including managed investment schemes and superannuation funds), which largely have not been examined in the recent Banking Royal Commission and other inquiries.
The author quantifies and explains the causes of systemic and cyclical failure of the law in the sector, bringing together the various sources of law applicable to the various types of legal entity, and also explains the difficulties and choices faced by directors and trustees of these entities. In doing so, he positions current regulation in the business context. A comparative analysis of regulation in other jurisdictions identifies both successful and unsuccessful strategies for the sector. The author puts forward suggestions for reform by way of guidance for future policy development and its implementation in law.
Corporate Governance in Non-Bank Financial Entities is essential reading for legal and corporate advisors in the financial sector, and a valuable resource on the duties of directors and trustees of the affected entities.
Features
Unique and comprehensive analysis
Underpinned by in-depth, qualitative research
Identifies the causes of regulatory failure and consequent impacts on investors and the Australian economy more broadly
Provides concrete suggestions for reform
This ground-breaking book provides a comprehensive legal review of the Australian non-bank financial sector. It analyses and explains its evolution since deregulation in 1981 until today. It explores non-bank financial entities (including managed investment schemes and superannuation funds), which largely have not been examined in the recent Banking Royal Commission and other inquiries.
The author quantifies and explains the causes of systemic and cyclical failure of the law in the sector, bringing together the various sources of law applicable to the various types of legal entity, and also explains the difficulties and choices faced by directors and trustees of these entities. In doing so, he positions current regulation in the business context. A comparative analysis of regulation in other jurisdictions identifies both successful and unsuccessful strategies for the sector. The author puts forward suggestions for reform by way of guidance for future policy development and its implementation in law.
Corporate Governance in Non-Bank Financial Entities is essential reading for legal and corporate advisors in the financial sector, and a valuable resource on the duties of directors and trustees of the affected entities.
Features
Unique and comprehensive analysis
Underpinned by in-depth, qualitative research
Identifies the causes of regulatory failure and consequent impacts on investors and the Australian economy more broadly
Provides concrete suggestions for reform
Original language | English |
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Place of Publication | Chatswood, Sydney |
Publisher | LexisNexis Butterworths |
Number of pages | 429 |
ISBN (Electronic) | 9780409351149 |
ISBN (Print) | 9780409351132 |
Publication status | Published - 1 Oct 2019 |