Setting International Regulatory Standards for Hedge Funds – Part 2
Companies and Securities Law Journal, p. 370, 2010
44 Pages Posted: 9 Feb 2011
Date Written: March 1, 2010
Financial services regulation is becoming increasingly globalised in response to the global nature of the industry. Firms, including hedge funds, are highly mobile. Each regulator must take into account global regulatory standards – if local regulation is below or above the international standard this can have great impact on the local market – either pushing firms offshore or encouraging disreputable firms to operate here.
The previous article explained why globalisation is a key issue for the regulation of hedge funds. It introduced the current literature on globalisation and regulatory theory. This article builds on this, reviewing the current literature on standard-setting and international regulatory cooperation. This is applied to three case studies to demonstrate and validate.
This article then applies the theory in more detail to the regulation of hedge funds to show the rational for international standards in this area and to give some insight into what standards are likely to develop, how and where.
Major regulators should maintain their regulatory regimes at or close to the international standard. This article reviews the emerging international standards. Second, astute regulators can be truly proactive and influence the emerging international standards. In the light of their other responsibilities and taxpayer-funded status, regulators should influence these standards in the most efficient and effective way. This requires thoughtful policy development and effective negotiation.
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