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Stock Exchanges at the Crossroads

Andreas M. Fleckner

Max Planck Institute for Comparative and International Private Law

Fordham Law Review, Vol. 74, pp. 2541-2620, 2006

One of the foremost icons of capitalism is at a crossroads: the stock exchange. Ever since the first days of organized trading, stock exchanges were owned and managed by their traders. Now, half a millennium later, those days are over. Out of a sudden, stock exchanges are compelled to abandon their traditional structure, invite outside investors, and restructure as publicly traded corporations (a process known as “demutualization” or “demutualisation”). In the future, everyone will be able to own a piece of a stock exchange. Shares of stock exchanges will be traded on stock exchanges, like shares of any public company. This article sketches the dynamic environment of organized trading, identifies the reasons for the stock exchanges’ transformation into publicly traded companies, and addresses the regulatory concerns raised by this development.

Number of Pages in PDF File: 80

Keywords: stock exchange, securities trading, self-regulation, SRO, demutualization, conflicts of interest, self-listing

JEL Classification: D23, G15, G18, G28, G32, G38, K22, L33

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Date posted: November 4, 2005 ; Last revised: March 8, 2015

Suggested Citation

Fleckner, Andreas M., Stock Exchanges at the Crossroads. Fordham Law Review, Vol. 74, pp. 2541-2620, 2006. Available at SSRN: http://ssrn.com/abstract=836464

Contact Information

Andreas M. Fleckner (Contact Author)
Max Planck Institute for Comparative and International Private Law ( email )
Mittelweg 187
D-20148 Hamburg
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