Regulation of investment capital markets : Irish and European regulatory arrangements and laws

목차 (Table of Contents)

• CONTENTS
• Acknowledgements = ⅸ
• 1 Introduction = 1
• Background = 1
• Compliance issues for firms = 1
• The outlook for compliance = 3
• The use and structure of this book = 3
• 2 The Investment Services Directive and its Implementation in Ireland = 5
• Background = 5
• Scope of the ISD = 6
• Service providers from third countries = 9
• Application of the ISD to credit institutions = 10
• Access to regulated markets = 10
• The authorisation process = 11
• Information to be supplied = 13
• Shareholders with qualifying holdings = 14
• Consideration of operational capability = 16
• The 1995 IIA provisions allowing for firms to be deemed authorised = 18
• Specific areas where the 1995 IIA goes beyond the ISD = 19
• Basis for withdrawal of authorisation = 21
• Position of a firm whose authorisation is revoked = 25
• Procedure to avail of passport rights = 26
• Ongoing regulation = 28
• Investor compensation = 29
• Regulation of the Stock Exchange = 33
• Regulation of approved professional bodies = 36
• Confidentiality -obligations imposed on competent authorities = 37
• Confidentiality obligations imposed on the Stock Exchange = 39
• Confidentiality obligation in respect of documents taken under warrant = 39
• Miscellaneous other Directive provisions = 40
• Power to issue directions = 41
• Investigative powers = 42
• Procedures and penalties in the case of a breach of the 1995 SEA or a breach of a condition or requirement = 45
• The complaints and disciplinary procedures of the Stock Exchange and the relationship between the Bank and the Exchange = 48
• Conclusions of the effect of the ISD = 51
• Appendices
• 1. Annex to the ISD together with the equivalent definitions in Irish legislation = 53
• 2. Questionnaire used to assist in assessment of granting authorisation = 59
• 3. Application for authorisation = 77
• 4. Copy of the Central Bank's Guidance Notes on the application process = 111
• 5. Full definition of a restricted activity investment product intermediary(RAIPI) = 141
• 6. A list of investors specifically excluded from eligibility for compensation = 145
• 7. S.I. 380 of 1997 = 149
• 3 Principles of Article 11 = 162
• Principles relating to establishing where a service is provided = 162
• Conduct of business rules in Ireland = 165
• Conflicts of interest = 166
• Disclosure requirements = 170
• Obligations of firms to clients = 173
• Rules introduced pursuant to Article 15 of the ISD = 182
• Articles 20 and 21 = 185
• Appendices
• 1. Contents of a standard contract note = 187
• 2. Definition of a 'connected parties . = 193
• 3. Periodic information requirements = 197
• 4. Timeframes the Exchange requires for information from member firms = 203
• 5. Transaction reporting = 211
• 4 Money Laundering = 215
• Guidelines and legislation = 215
• Application of US law = 218
• Identification guidelines = 219
• Record Keeping procedures = 221
• Procedures for recognition, reporting and execution of suspicious transactions = 222
• Education and training = 224
• The role of the money laundering reporting officer = 228
• Appendices
• 1. The FAIT Recommendations 1990 = 229
• 2. List of designated bodies under the Criminal Justice Act 1994 = 247
• 3. Stock Exchange guidance on identification = 251
• 4. List of examples of what might constitute suspicious transactions = 259
• 5 Requirements imposed by the Central Bank of Ireland under the Stock Exchange Act 1995 and the Investment Intermediaries Act 1995 / Mary O'Dea = 263
• Introduction = 263
• General and reporting requirements = 264
• Advertising requirements = 266
• Client asset protection = 271
• Financial requirements = 280
• Remedies for breaches of requirements = 290
• Conclusion = 291
• Appendices
• 1. Specific sections of each Act which empower the Bank to impose reporting requirements = 293
• 2. Financial return : form of the report showing compliance with CAD = 299
• 6 The CREST Equity Settlement System = 315
• Background = 315
• Regulation of CREST = 315
• Regulation of CREST members = 316
• Effect on shareholders and issuers = 316
• Delivery of stock = 317
• Registrar issues = 319
• Bad deliveries = 320
• Trustees = 322
• Liabilities for transfer = 322
• Reliability of messages = 322
• Payment structures = 323
• Membership agreements = 324
• Common obligations = 325
• Limitations of liability = 326
• Stamp duty issues = 326
• 7 The Listing Directive and the Listing Rules = 327
• Introduction = 327
• Background = 328
• Admission = 330
• Content of listing particulars = 338
• Continuing obligations i = 347
• Refusal of admission and sanctions = 360
• Appendices
• 1. Directive 79／279／EEC = 363
• 2. Directive 80／390／EEC = 383
• 3. Directive 82／121／EEC = 419
• 4. Directive 87／345／EEC = 429
• 5. Directive 94／18／EEC = 435
• 6. S.I. No. 282 of 1984 = 443
• 8 Selected Aspects of Irish Law relating to the Regulation of Companies listed on the Official List of the Irish Stock Exchange / JA O'Farrell = 451
• Introduction and overview = 451
• Related party transactions = 453
• Disclosure of interests in shares = 459
• Offerings of securities by Irish-listed companies = 461
• Insider dealing and the Irish-listed company = 469
• Index = 477