entity · derived
Regulatory design
Derived node: assembled mechanically from the claims carrying regulatory-design. A roster, not an adjudicated definition.
Every claim under this term
- 1428387-001 : A uniform approach to hedge fund valuation is not possible because the variety of hedge fund investments and strategies means some positions, such as non-concentrated positions in liquid securities, a
- 1428387-027 : Retail investors are more likely to benefit from investor protection rules that optimize hedge fund valuation, because their minority position in the industry, the absence of informal rules, and manag
- 1428387-035 : Limiting complex financial instruments in the portfolios of hedge funds open to retail investors, triggered once retail commitments exceed a set level of assets under management, would likely protect
- 1428387-039 : Investor suitability standards would address the sophistication problem by requiring independent verification that investors in highly complex financial products can evaluate investment risk independe
- 1558614-011 : A country whose bankers do not embrace intentional risk taking is still exposed to risk, both through the collateral effects of intentional risk taking abroad and through unintentional risk taking at
- 1806252-004 : Asymmetric hedge fund regulation, in which Dodd-Frank and the AIFM Directive regulate banks and hedge funds separately and differently, is counterproductive.
- 1806252-026 : Implementing the hedge fund lending charge through Basel III would require no separate national implementation, because compliance falls on banks that have already joined the framework, so transaction
- 1908473-005 : Because policymakers may adopt a suboptimal single trigger design, and because contingent capital has uses at several points in a firm's life cycle, contingent capital securities should be built with
- 1998455-004 : Because both European regulatory initiatives and the United States academic debate concentrate on the technical design features of contingent capital securities, the possible corporate governance appl
- 1998455-029 : The social welfare maximization potential of contingent capital securities is lower if their design features are left entirely to private ordering, because private parties do not necessarily structure
- 1998455-040 : Contingent capital can facilitate an incentive structure that lets regulators rely partially on private party contracting for the design of these securities while still accounting for systemic risk.
- 2267560-017 : Rules should be promulgated only after the particularized need for the rule has been identified and possible effects on society at large have been evaluated.
- 2273857-012 : Dynamic elements built into the regulatory structure would allow regulators to continually adapt to new market environments, to financial innovation, and to changes in financial markets that are thems
- 2273857-043 : Dynamic regulation is the antithesis of static, stable, and presumptively optimal regulation, and it is intended to counterbalance the effects of stable and presumptively optimal rules rather than rep
- 2273857-046 : Regulatory cycles would benefit from supplementing, rather than replacing, the existing regulatory framework with dynamic elements.
- 2273857-051 : Experimentation with different combinations of regulatory approaches is effective when several different approaches can be tried simultaneously in different jurisdictions.
- kaal-2013-acomparativeperspectiveo-031 : The shortcomings of stable rules, especially the perpetual need for rule enactment and revision, justify a supplemental dynamic approach to regulating the financial industry that enhances and extends
- kaal-2013-acomparativeperspectiveo-033 : Dynamic Regulation could help avoid the regulatory sine curve and its negative and costly consequences, and could provide a self enforcement mechanism independent of the existing regulatory structure
- kaal-2013-acomparativeperspectiveo-034 : Dynamic Regulation may enable regulators to anticipate future changes and challenges and to adapt stable rules accordingly.
- 2447306-042 : Standardizing private fund adviser reporting obligations is the author's proposed remedy for the shortcomings advisers identified, because standardization attacks the ambiguity and inefficiency in the
- 2447306-043 : A single standardized reporting model will not suffice: because different types of private fund advisers have competing needs, policy makers should evaluate several different models for standardizing
- 2470008-002 : Accuracy and consistency problems in the SEC's private fund data collection can impair the FSOC's ability to evaluate the systemic risk posed by private fund advisers.
- 2470008-014 : Form PF data was tailored primarily for the FSOC rather than for the SEC's own purposes, a design choice that shaped the level of reporting required.
- 2470008-032 : Form PF instructions need clarification and its definitions, including those for RAUM and AUM, need improvement, since there is evidence that questions and definitions had to be optimized.
- 2470008-040 : Fixing the identified problems with Form PF data would help optimize the FSOC's systemic risk assessment of private funds.
- kaal-2014-dynamicregulationviagove-015 : The trial and error approach to rulemaking structurally prevents rulemakers from obtaining relevant information ex ante, before rules are enacted.
- kaal-2014-dynamicregulationviagove-037 : Tailoring regulatory solutions to identified regulatory necessities through governmental contracts and then observing how those solutions perform over time lets rulemakers anticipate regulatory demand
- 2739479-031 : Because quarterly Form PF filing costs roughly $10,000 per reporting fund, the $1.5 billion threshold that triggers quarterly filing gives advisers a direct cost reason to factor that threshold into t
- 2808132-048 : Regulators should take anticipatory measures only after cross-validation and triangulation, that is, when multiple independent data analyses point unanimously toward a specific demand for regulatory a
- 2811729-015 : Proposed Rule 18f-4 would be highly limited in mitigating liquidity and other risks in an unconstrained mutual fund portfolio, because material leverage, counterparty, and liquidity risks in such a fu
- 2831040-014 : Dynamic elements in the regulation of innovation are a supplement to the existing regulatory framework rather than a replacement for it, and their intent is to optimize that framework.
- 2834531-004 : Regulation is never grounded in the full set of facts about a technology; it is always premised on a prior selection of the facts that regulators themselves treat as relevant when deciding what, when,
- 2834531-008 : The existing regulatory infrastructure cannot sufficiently distinguish beneficial innovation from other innovation, and therefore cannot harness it.
- 2834531-010 : The current regulatory framework contains no mechanism that informs rulemakers of beneficial innovative ideas succinctly and in advance, so regulators learn about innovation only after the fact.
- 2834531-029 : The response to contested facts should not be to abandon facts, but to identify alternative grounds for regulation that would make the regulation of innovative products and services more effective and
- 2834531-031 : Lawmaking and regulatory design need to become more proactive, dynamic, and responsive.
- 2834531-035 : Regulation should be demand driven, meaning its substantive direction should follow the interests of consumers, and where there is genuine demand for a product or technology it should in principle be
- 2834531-037 : Regulatory experimentation matters within a single jurisdiction and not only across jurisdictions, because it gives regulators data on the real world effects of a particular regulatory scheme in a com
- 2834531-040 : The principle based approach has a shortcoming the authors concede: it is usually impossible to comply with principles that could change after the fact, and the approach may let regulators promulgate
- 2834531-043 : The sandbox generates legitimacy as well as information: because the tested technology remains open to discussion and democratic supervision, public entitlement to participate in regulatory debates cr
- 2834531-044 : A data based regulatory environment requires measures built on flexible and inclusive processes that involve startups and established companies, regulators, experts, and the public.
- 2957645-006 : The issuance of contingent capital securities is a promising dynamic regulatory mechanism that can help address the suboptimal regulatory outcomes associated with disruptive innovation.
- 2957645-031 : Most of the design features of contingent capital securities and their triggering events remain underdeveloped, yet despite these shortcomings such securities could still help regulators anticipate re
- 2992962-006 : Because the challenges crypto transactions pose to the existing legal and jurisdictional infrastructure are severe, including good governance in crypto transactions requires instituting governance sol
- 2992962-024 : Governing the creation and use of a blockchain may be the only practical way of exercising any form of traditional jurisdiction over blockchain technology.
- 3002908-004 : Regulators cannot draft specific blockchain regulation because the risks, opportunities, and concrete outcomes of blockchain in reshaping financial markets are unpredictable.
- 3117224-027 : Gibraltar treats DLT regulation as better achieved through the application of principles rather than rigid rules, because the area of law is evolving and innovative.
- 3405660-005 : Indirect regulation of hedge funds attains most regulatory objectives while still leaving the industry the operating freedom it needs, which makes it preferable to the direct alternatives.
- 3405660-013 : A single global financial regulator is not a serious policy option because national political interests are incoherent and cannot readily be united to establish such a body.
- 3405660-017 : There is currently no precise formula for devising effective integrated prudential hedge fund regulation, so the prudential model remains underspecified.
- 3405660-019 : Indirect regulation is defined as a regulatory approach that regulates the counterparties and intermediaries of hedge funds rather than the hedge funds themselves, addressing the critical regulatory i
- 3405660-022 : Indirect regulation lets hedge funds preserve the opacity their strategies require, on the condition that their counterparties rather than the funds become the primary regulatory targets.
- 3652481-028 : Presumptively stable ex ante majoritarian rules are flawed because they are inevitably suboptimal in an environment that has evolved away from the conditions that produced the rule.
- 4941807-003 : Kaal advocates an ex-ante governance approach within Web3 frameworks in which community coordinated regulatory measures and oversight mechanisms are set during the development phase of AI technologies
- 4957318-017 : Sunsetting performs best in crisis driven financial legislation, where it supplies a built in mechanism for reviewing and potentially repealing laws enacted under emergency conditions and thereby miti
- 4957318-022 : Removing laws without fully understanding their current applications or interdependencies creates legal gaps and unintended policy outcomes, so the act of cleanup can itself weaken regulatory or prote
- 4957318-025 : Automatic adjustment mechanisms are pre established legislative components that let laws self update in response to changing circumstances, and their purpose is to counter policy drift, the divergence