Ownership, Governance and US Securities Regulation: The Case for a 'Learning Regulator'

20 Pages Posted: 12 Feb 2011

See all articles by Aviv Pichhadze

Aviv Pichhadze

affiliation not provided to SSRN

Date Written: February 11, 2011

Abstract

I examine whether the Securities and Exchange Commission (SEC) in the US is a learning organization (i.e., one that is capable of learning and adaptation to the dynamic nature of the securities markets – the subject of the SEC’s regulatory oversight). Using the treatment of public corporate ownership in the proxy rules under the Securities and Exchange Act of 1934, I argue that the SEC is yet to become a learning regulator given that it has fallen short in learning of a distortion inserted into the regulatory framework in 1934, the result of which is the embedding of the distortion in the regulatory framework and its amplification via different policy initiatives. The consequence of imbalance between market realities and regulation is regulatory systemic risk.

Keywords: Institutional Investors, Ownership, Corporate Governance, Securities Regulation, SEC, Law and Economics, Leadership, Learning Organizations

JEL Classification: G23, G32, G34, G38, K22, L21, M14

Suggested Citation

Pichhadze, Aviv, Ownership, Governance and US Securities Regulation: The Case for a 'Learning Regulator' (February 11, 2011). Osgoode CLPE Research Paper No. 09/2011, Available at SSRN: https://ssrn.com/abstract=1760054 or http://dx.doi.org/10.2139/ssrn.1760054

Aviv Pichhadze (Contact Author)

affiliation not provided to SSRN

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