Academic literature on the topic 'Capital markets law'

The­ article­ describes­ the­ challenges­ of­ capital­ markets,­ concepts­ of­ effects­ of­ capital­ markets›­ development­ on­ the­ economic­ growth,­ the­ current­ conditions­ of­ the­ capital­ market­ in­ Georgia,­ restricting­ and­ stimulating­ factors­ and­ preconditions­ necessary­ for­ the­ expansion­ of­ the­ capital­ market.­ Through­ comparative­ analysis,­ the­ problems­ and­ trends­of­development­of­capitalization­are­presented. The­ formation­ of­ capital­ market­ is­ a­ long­ process.­ It­ requires­the­formation­of­financial­instruments,­consolidated­ legal­or­model­norms,­market­infrastructure­and­institutions.­ In­ the­ developing­ countries,­ and­ moreover,­ in­ the­ Post- Soviet­ countries­ with­ least-developed­ economy­ and­ transformational­ law,­ the­ capital­ market­ is­ undeveloped­ considering­ the­ capacity­ of­ economy­ and­ its­ potential­ benefits.­The­banking­sector›s­ability­to­finance­the­economy­ is­ restricted,­ the­ demand­ on­ investment­ capital­ is­ wide,­ as­ a­ result,­ with­ the­ traditional­ bank­ financing,­ establishment­ and­ development­ of­ the­ capital­ market­ is­ considered­ with­ any­alternative. The­paper­analyzes­the­causes­that­impact­on­local­capital­ markets­ functioning­ and­ the­ prerequisites­ without­ which­ the­ capital­ market­ can­ not­ be­ formed­ and­ developed­ in­ Georgia.­ The­ characteristics­ of­ impact­ factors­ on­ the­ capital­ market­ through ­examining­of­economic­ literature ­are ­presented.­ The­ strong­ institutions­ and­ the­ well-functioning­ legal­ system­ are ­important­ for­ local­market­ development,­ as­they­ provide­ the­ protection­ of­ investors›­ rights,­ including­ the­ protection­ of­ minority­ interests­ and­ attracting­ investors.­ The­ studies­ show­ that­ the­ country,­ where­ the­ rights­ of­ shareholders are protected and the transaction is not expensive,­ has­ more­ developed­ local­ markets,­ however,­ there­is­the­different­view­about­the­need­for­regulating­the­ securities­market.­The­initial­studies­argued­that­the­securities­ market­ may­ not­ be­ regulated,­ but­ according­ to­ the­ recent­ researches,­the­regulation­is­essential­for­private­contractual­ framework­standardization­and­fraud­prevention.­Today­it­is­ widely­ recognized­ that­ the­ laws­ of­ securities­ are­ critical­ to­ the­development­of­the­capital­market; Finally,­ the­ article­ proposes­ the­ structure­ of­ market­ prerequisites­ that­ bases­ on­ several­ piles:­ macroeconomic­ stability,­ institutional­ and­ legal­ system,­ market­ size,­ market­ composition­and­pension­system,­transparency­and­financial­ infrastructure.­Despite­the­absence­of­institutional,­legal­and­ infrastructural­barriers,­many­economies­are­unable­to­attract­ investors­ in­ order­ to­ ensure­ the­ optimum­ level­ of­ capital­ market­and­efficient­liquidity.­In­this­regard,­the­compulsory­ pension­ systems­ are­ introduced,­ which­ is­ an­ opportunity­ to­ attract­ the­ long-term­ instruments­ of­ investment.­ It­ is­ the­ condition­of­the­development­of­the­local­bond­market.­With­ the­ liberalization­ of­ financial­ markets­ and­ in­ the­ effective­ regulatory­environment,­investments­in­the­state­bonds­that­ dominate­ in­ Georgia­ today­ will­ be­ added­ by­ expansion­ of­ the­corporate­private­bonds­market.­Similarly,­the­derivative­ markets­ cannot­ be­ developed­ without­ a­ well-developed­ market­and,­in­turn,­they­will­contribute­to­the­development­ of­ the­ capital­ market.­ Moreover,­ the­ bond­ market­ requires­ the­ well-developed­ money­ markets­ in­ order­ to­ encourage­ the­ monetary­ policy­ to­ ensure­ the­ stability­ of­ the­ percent­ rate­that­will­support­the­development­of­the­bond­market.

The European Commission has recently released a Proposal for a Regulation on market abuse, to increase investor confidence and market integrity in European capital markets law. One of its most innovative elements involves allowing Member States to provide financial incentives to whistleblowers who report cases of market abuse. In this, the Commission has apparently drawn inspiration from the US legislation, which with the Dodd Frank Act of 2010, significantly expanded its whistleblower reward programme. This article examines both the US and the European regulations, and evaluates the advantages and disadvantages of offering financial incentives to encourage informants to blow the whistle. Finally, it looks at the potential structure of a reward programme, examining the balance required between external rewards and internal company compliance processes.

The capital market that is widely used by people is not in accordance with the provisions contained in sharia principles. Therefore, a capital market with sharia. Conventional capital markets and Islamic capital markets have a similar concept but differ in principles and have different types of contracts. This difference between conventional capital market principles and the principles contained in the Islamic capital market results in the need for regulations that specifically regulate the Islamic capital market. so it is necessary to update the Law No. 8 of 1995 concerning Capital Markets. Judging from the legal system, the Sharia Capital Market still has weaknesses related to the legal substance, legal structure and legal culture so that reconstruction of Islamic capital market regulations must be conducted. The method used in this writing is analytical descriptive and uses a normative juridical approach.

Micro-economic reform is a primary objective of modern Australian socio-economic policy. The key outcome targetted by this reform is increased efficiency, measured by a range of factors, including cost reduction, increased savings, and a more facilitative environment for business activity. These benefits are sought by the proponents of reform as part of a push to increase national prosperity, but concerns that social equity is undermined by it are expressed by opponents of that reform. The debate between efficiency and equity is raging in current Australian tax policy, a key site for micro-economic reform. As Government Budget restructuring occurs in Australia, demographic change (eg, the ageing population) undermines the ability of public funded welfare to provide retirement benefits. Responsibility for self-funded retirement is an important contributor to increasing private savings. Investment in growth assets such as corporate stock is increasing in Australia, however concerns about volatility of asset values and yield stimulate the importance of investment risk management techniques. Financial contract innovation utilising financial derivatives is a dominant mechanism for that risk management. Synthetic equity products which are characterised by capital protection and enhanced yield are popular and efficient equity risk management vehicles, and are observed globally, particularly in the North American market. Financial contract innovation, risk management using financial derivatives, and synthetic equity products suffer from an adverse tax regulatory response in Australia, which deprives Australian investors from access to important savings vehicles. The negative Australian tax response stems from anachronistic legislation and jurisprudence, which emphasises tax outcomes based on legal form. The pinnacle of this approach is the tax law insistence on characterisation of financial contracts as either debt or equity, despite some important financial similarities between these two asset types. Since derivatives produce transactions with novel legal forms this approach is unresponsive to innovation. The negative tax result also stems from a perception that the new products are tax arbitrage vehicles, offering tax benefits properly available to investment in stocks, which is thought to be inappropriate when the new products resemble debt positions (particularly when they are capital protected and yield enhanced). The negative tax response reflects administrative concerns about taxpayer equity and revenue leakage. This approach seeks to impose tax linearity by proxy: rather than utilising systemic reform to align the tax treatment of debt and equity, the current strategy simply denies the equity tax benefits to a variety of innovative financial contracts. It deprives Australians of efficiency enhancing savings products, which because of an adverse tax result are unattractive to investors. The weakness of the current approach is illustrated by critical analysis of three key current and proposed tax laws: the ???debt dividend??? rules in sec. 46D Income Tax Assessment Act 1936 (the ???Tax Act???); the 1997 Budget measures (which seek to integrate related stock and derivative positions); and the proposals in the Taxation of Financial Arrangements Issues Paper (which include a market value tax accounting treatment for ???traded equity,??? and propose a denial of the tax benefits for risk managed equity investments). The thesis develops a model for financial analysis of synthetic equity products to verify the efficiency claims made for them. The approach is described as the ???Tax ReValue??? model. The Tax ReValue approach isolates the enhanced investment returns possible for synthetic equity, and the model is tested by application to the leading Australian synthetic equity product, the converting preference share. The conclusions reached are that the converting preference share provides the key benefits of enhanced investment return and lower capital costs to its corporate issuer. This financial efficiency analysis is relied upon to support the assertion that a facilitative tax response to such products is appropriate. The facilitative response can be delivered by a reformulation of the existing tax rules, or by systemic reform. The reformulation of the existing tax rules is articulated by a Rule of Reason, which is proposed in the thesis as the basis for the allocation and retention of the equity tax benefits. To avoid concerns about taxpayer equity and revenue leakage the Rule of Reason proposes a Two Step approach to the allocation of the equity tax benefits to synthetics. The financial analysis is used to quantify non-tax benefits of synthetic equity products, and to predict whether and to what extent the security performs financially like debt or equity. This financial analysis is overlayed by a refined technical legal appraisal of whether the security contains the essential legal ???Badges of Equity.??? The resulting form and substance approach provides a fair and equitable control mechanism for perceived tax arbitrage, whilst facilitating efficient financial contract innovation. The ultimate source of non-linearity in the taxation of investment capital is the differential tax benefits provided to equity and debt. To promote tax linearity the differentiation needs to be removed, and the thesis makes recommendations for systemic reform, particularly concerning the introduction of a system of ???Franked Debt.??? The proposed system of ???Franked Debt??? would align the tax treatment of debt and equity by replacing the corporate interest deduction tax benefit with a lender credit in respect of corporate tax paid. This credit would operate mechanically like the existing shareholder imputation credit. The interface of this domestic tax credit scheme with the taxation of International investment capital, and the problems occasioned by constructive delivery of franking credits to Australian taxpayers via synthetics, are resolved by the design and costings of the new system, which has the potential to be revenue positive.

Sustainability has started to play a greater role on the financial market and a larger number of investors are searching for financial products that contribute to the environment and the sustainable development. However, the numerous definitions of sustainable investments and green funds make the investment decision-making process difficult for investors and allow companies to “greenwash” their products. In order to facilitate the investment process for investors and at the same time contribute to sustainable development, the EU adopted the Sustainable Finance Disclosure Regulation (SFDR) on 10 March 2021 as part of the Union’s sustainable finance strategy. The SFDR introduces a set of harmonized rules for financial market participants regarding their integration of sustainability-related aspects in their investment process, including different product classification levels, such as “light green” and “dark green”. Apart from the fact that the regulation means enhanced transparency, it is possible that the new product classifications will have an impact on the definition of sustainable funds and the environmental, social, governmental (ESG) investment strategies currently used by financial market participants. Additionally, the appropriateness of the new product classes in view of the aims of the SFDR could be discussed. The purpose of this thesis has been to examine the product specific disclosures of the SFDR and their implications on funds integrating sustainability, by using the legal dogmatic methodology and the EU teleological methodology. In order to be classified as an art. 8, or light green, it seems as if it is not enough for a fund to simply integrate ESG aspects into the investment process, rather the fund has to apply several investment strategies that consider ESG. For funds wishing to be considered as an art. 9, or dark green, it appears as if impact investing or sustainability themed investing could be two applicable approaches. Moreover, the sustainable investment-definition provided by the regulation contains explicit criteria, thus making it easier for investors to understand sustainable investments. Furthermore, the increased regulation and reporting requirements might contribute to less greenwashing, which in turn will benefit the UN’s Sustainable Development Goals and the Paris Agreement. However, while the product specific disclosures appear to be aligned with the objectives of the SFDR, there are several uncertainties related to the definitions and classifications that prevent the regulation from fully achieving its goals.
Hållbarhet har kommit att spela en allt större roll på finansmarknaden och allt fler investerare efterfrågar nu finansiella produkter som bidrar till miljön och den hållbara utvecklingen. Men de många definitioner som finns gällande hållbara investeringar och gröna fonder försvårar beslutsprocessen för investerare samt gör det möjligt för företag att använda sig utav ”greenwashing”. För att underlätta investeringsprocessen för investerare och även bidra till den hållbara utvecklingen antog EU den s.k. Förordning om hållbarhetsrelaterade upplysningar som ska lämnas inom den finansiella tjänstesektorn (SFDR) den 10:e mars 2021, vilken utgör en del av Unionens strategi för en hållbarare finansmarknad. SFDR innehåller harmoniserade regler för finansmarknadsaktörer gällande integreringen av hållbarhetsaspekter i investeringsprocessen, inklusive olika produktklassificeringar, såsom ”ljusgröna” och ”mörkgröna” produkter. Förutom att den nya regleringen innebär ökad transparens är det möjligt att de nya produktklassificeringarna kommer att ha en inverkan på definitionen av hållbara fonder samt de investeringsstrategier finansmarknadsaktörer i dagsläget använder sig av för att integrera hållbarhet. Utöver detta kan även produktklassificeringarnas lämplighet diskuteras mot bakgrund av förordningens ändamål. Syftet med detta arbete har varit att undersöka de produktspecifika upplysningskraven i förordningen och dessas inverkan på fonder som beaktar hållbarhetsaspekter, med hjälp av den rättsdogmatiska metoden samt den EU-rättsliga teleologiska metoden. För att klassas som en art. 8, eller ljusgrön fond, förefaller det som att det inte är tillräckligt för en fond att enbart integrera hållbarhet i investeringsprocessen utan snarare måste fonden använda sig utav flera olika hållbarhetsstrategier. För fonder som önskar att bli klassificerade som en art. 9, eller mörkgröna, verkar det istället som att s.k. ”impact” fonder eller tematiska fonder med hållbarhetsfokus är typiska exempel. Utöver detta innehåller förordningen en definition med uttryckliga kriterier gällande vad som är en hållbar investering, vilket underlättar investerares förståelse för hållbara investeringar. Dessutom kan den ökade regleringen och rapporteringskraven bidra till mindre ”greenwashing”, vilket i sin tur gynnar FN:s globala hållbarhetsmål och Parisavtalet. Men samtidigt som produktklassificeringarna tycks vara i linje med SFDR:s mål innehåller både definitionerna och klassificeringarna ett flertal oklarheter som hindrar förordningen från att helt uppnå sina mål.

Depois de mais de 30 anos da edição da Lei 6.404, de 15 de dezembro de 1976 e da publicação da Instrução CVM 10, de 14 de fevereiro de 1980, volta novamente o regulador brasileiro a sua atenção para os benefícios e perigos dos negócios da companhia com ações de sua emissão. Tal se torna evidente pela publicação, em outubro de 2013, do Edital de Audiência Pública SDM 11/13, por meio do qual a Comissão de Valores Mobiliários pretende substituir a antiga regra aplicável às companhias abertas por uma nova, de conteúdo mais moderno e aderente à nova realidade. Desenvolveu-se durante o século XX e XXI o estudo dos negócios da companhia com as suas ações, admitindo-se cada vez mais numerosas exceções ao inicialmente duro e absoluto preceito proibitivo positivado originalmente pela Aktienrechtsnovelle alemã de 1870. O estudo das finanças sociais e o aprimoramento dos mecanismos de salvaguarda dos interesses protegidos no decorrer do século XX e XXI forçaram (e ainda forçam) a redefinição dos seus contornos jurídicos. No que diz respeito a estes negócios, ressaltam como interesses escudados aqueles dos credores, dos acionistas e do mercado de capitais (e os investidores que nele atuam) os grupos de referência (Bezugsgruppen) do direito societário. É na proteção de seus interesses que se fundamentam as normas que os regem: a utilização de saldo de lucros tutela os credores, o princípio do tratamento equitativo protege os acionistas e as regras de prevenção a atos manipulativos e de repressão ao insider trading salvaguardam o mercado e seus investidores. É, portanto, no confronto com tais interesses que se deve avaliar a legalidade ou ilegalidade de cada um desses negócios, e não na simples (in)existência de uma exceção legal expressa ao conceito proibitivo geral. O art. 30 da Lei das S.A. estipula condições de validade dos negócios com ações próprias, e não meramente um rol de exceções taxativas.
Thirty years after the enactment of Law 6.404, of December 15, 1976 and CVM Instruction 10, of February 14, 1980, once again have the transactions of the company in its own shares gained the attention of the Brazilian regulatory authority, especially in consideration of the benefits and perils arising from them. This is evidenced by the publication, in October 2013, by the Comissão de Valores Mobiliários of Public Hearing SDM 11/13, the purpose of which is to replace the old rule applicable to public companies by a new one, containing a more modern approach on the subject and a more reality-driven concept. The studies about the transactions a company is allowed to perform in its own shares have had a great academic and empiric development during the XX and XXI centuries, the result of which has been the gradual acceptance of an ever-increasing list of possible exceptions to the inititally absolute prohibition originally stated by the german Aktienrechtsnovelle of 1870. The study of financial economics and the improvement of the legal protective measures designed over the last century have forced (and continue to force) a broad redefinition of these transactions legal boundaries. In respect to these transactions, the interests of creditors, shareholders and the capital market itself (including the investors which act in it) arise in the center of the legal protective framework they have been denominated as the reference groups of Corporate Law. Safeguarding their interests is the main purpose of the rules revolving around them: the use of profits and profit reserves safeguards creditors, adherence to the principle of equitable treatment adresses shareholder interests and the rules preventing manipulative acts and insider trading practices sponsor the interests of the capital market and its investors. Therefore, it is mandatory that any interpretation on the legality or ilegality of any given transaction by the company in its own shares be preceded by the examination of these concrete interests; this legal analysis cannot be limited to the verification of an express exception to the general rule. Article 30 of Law 6.404/76 must therefore be read as containing a general validity framework, and not merely an exaustive list of exceptions.

This DPhil thesis analyses the Takeover Bid Directive in the light of EU Law and examines the extent to which this Directive facilitates the exercise of the fundamental freedom of establishment and the free movement of capital in the internal market. Since the Directive is based on the EC Treaty chapter on freedom of establishment (Articles 43 and 44(2)(g) EC Treaty), it should in principle contribute to cross frontier corporate mobility in the internal market through takeover bids; this was the aim of the Commission in its various proposals. Takeover bids and the EC Treaty provisions on freedom of establishment are closely related. The Directive forms part of the EU company law harmonization programme whose weaknesses and limits are also explored. However, the Takeover Bid Directive is an EU company law instrument with strong links to EU capital market law. The initial aims of the EU legislature were to establish an internal market for companies and to achieve market integration in the field of EU company law. However, the Takeover Bid Directive is a compromise and watered down version of a proposal which the Commission envisaged would lead to a more effective pan-European takeover regime than that which actually proved possible. The need for compromise was the result of the very different legal and policy approaches of the Member States in the field of takeover regulation. Some provisions of the Directive are obligatory for all Member States. These provisions include the mandatory bid rule, the squeeze-out right, and the sell-out right. All these obligatory provisions of the Directive are in their present form open to criticism. The two key provisions of the Directive have been made optional for Member States. These are the non-frustration rule, requiring the board to obtain the prior authorization of the general meeting of shareholders before taking any action which could result in the frustration of the bid; and the breakthrough rule, requiring that any restrictions on the transfer of securities or voting rights provided for in the articles of association of the offeree company or in contractual agreements between the offeree company and the holders of its securities or in contractual agreements between holders of the offeree company’s securities shall not apply vis-à-vis the offeror during the time allowed for acceptance of the bid. Nevertheless, Member States, which opt out, are obliged to allow individual companies to opt in. Moreover, a reciprocity rule was also adopted, which allows Member States to permit those companies, which apply these provisions, to opt out again if they are the target of a bidder, which does not itself apply the same takeover provisions. Additionally, the non-frustration and the breakthrough rule are not fully comprehensive and even when a company applies them, it might still be able to evade their application since some corporate and financial structures remain outside the Directive’s scope. Finally, this thesis discusses the extent to which obstacles to cross border takeovers addressed by the Directive, or indeed left intact by the Directive, are to be regarded as restrictions on the right of establishment stricto sensu, or simply as obstacles in practice to making a successful takeover bid. More specifically, it scrutinizes the horizontal direct effect of the EC fundamental freedoms and seeks to analyze the extent to which conduct of the board and articles in the corporate constitution might be said to constitute restrictions on the freedom of establishment and on the free movement of capital.

Les sociétés cotées constituent un monde à part. Il existe environ 5 000 sociétés cotées sur les marchés réglementés des bourses de l’UE. Même si elles représentent moins de 1 % des entreprises européennes, leur capitalisation boursière s’élève à plus de 70 % du PIB. Parce que ces sociétés ont une importance systémique pour l’économie, la compréhension de leur régime juridique s’avère cruciale. Nous traçons d’abord les contours du droit qui leur est applicable, en partant du niveau supranational parce que le droit européen est la plus importante source à la fois de convergence et de divergence. Cette approche nous permet de discuter si le niveau supranational devrait s’investir de nouveaux secteurs ou pousser l’harmonisation dans ceux déjà réglementés et de faire des prédictions quant à la direction probable ou souhaitable des réglementations. Nous analysons ensuite la causalité de la convergence, ce qui fait ressortir trois types de convergence : imposée, par pression et par rapprochement des circonstances factuelles dans lesquelles les sociétés cotées de l’UE exercent leurs activités. Nous concluons qu’il existe à présent une convergence en matière de droit applicable aux sociétés cotées de l’UE en dépit d’une harmonisation seulement partielle opérée au niveau supranational et que cette convergence s’approfondira sous l’impulsion des forces et des facteurs qui en servent de cause. Cette conclusion appuie la systématisation future des droits nationaux en fonction d’une nouvelle summa divisio entre sociétés cotées et sociétés non cotées
Listed companies are a world apart. There are approximately 5 000 companies listed on the regulated markets of the EU stock exchanges. Although they represent less than 1 % of the European businesses, their market capitalization amounts to more than 70 % of GDP. Because they have a systemic importance for the economy, the comprehension of their legal regime is crucial. We first establish the boundaries of the applicable law, starting from the supranational level because EU law represents the most important source of both convergence and divergence. This method allows us to establish if the supranational level should extend to new areas of regulation or push for further the harmonization in the areas already regulated and to make predictions regarding the probable or desirable future directions of the regulations. We then analyze the causality of convergence, which shows three main types of convergence : imposed, by pressure and by approximation of the factual circumstances of the environment in which EU listed companies operate. We conclude that presently there is a convergence of national regulations applicable to EU listed companies despite only partial harmonization at the supranational level and that this convergence will deepen as a result of its forces and factors of causality. This conclusion reinforces the arguments for a reorganization of national laws based on a new summa divisio between listed companies and non-listed companies

Ao redor do mundo, a maioria das companhias listadas de grande porte tem acionista controlador, à exceção dos EUA e do RU, em que o comando da atividade empresarial é exercido, de fato, pelos administradores. A conformação de controle dominante em cada país resulta de uma série de fatores, muitos deles de ordem jurídica, os quais levam ao surgimento e permanência de uma dessas variantes, ao mesmo tempo em que parecem inibir o desenvolvimento da estrutura alternativa. A gradativa convergência global dos padrões de propriedade acionária a um denominador comum, aparentemente em curso - dos extremos da dispersão e concentração absolutas para o cenário intermediário dos blocos de participação minoritária relevante detidos por investidores institucionais não tem sido acompanhada de transformações significativas nas estruturas de poder de controle interno dominantes em cada país, as quais, em essência, continuam as mesmas. Isso significa que os fatores (jurídicos, especialmente) que levam à predominância de tais estruturas continuam em atuação, não obstante modificações havidas no grau de dispersão do capital com direito a voto de companhias listadas. Este trabalho visa apresentar um conjunto mais específico de fatores jurídicos que, ao mesmo tempo e de modo decisivo, favorecem a proliferação de uma dentre as duas estruturas de controle consideradas (controle acionário ou gerencial) e inibem o desenvolvimento de outra. Trata-se dos instrumentos jurídicos de dissociação entre representatividade política e participação econômica de acionistas, os quais exercem papel central na conformação do regime jurídico das companhias abertas com elevada dispersão do capital votante, integrantes do Novo Mercado da BVSP.
Most of the large listed companies outside USA and UK have a controlling shareholder. The dominant control structure in each country is the result of multiple determinants, many of them arising from the legal system. The gradual convergence of ownership patterns around the world from the extremes of the total concentration and separation of ownership and control to the intermediate scenario of significant blockholdings held by institutional investors - has not been accompanied by a relevant shift in the control structures in listed companies of most of the countries, specially those in the Brazilian Novo Mercado. This Doctorate Thesis presents a specific subset of legal factors contributing for that outcome: the legal instruments separating voting rights from cashflow rights.

Le gouvernement d’entreprise a subi une modification radicale en Europe à partir des années 1990. Le changement est aujourd’hui consolidé et il fait partie du droit des sociétés modernes. Le droit brésilien s’est toujours inspiré des législations européennes. Notre étude pose la question de savoir, à partir d’une vue comparative, si le droit brésilien des sociétés se rattache au gouvernement d’entreprise européen. On se centre en Europe sur le droit allemand, le droit anglais, le droit français et le droit communautaire. Notre analyse dépasse le cœur du gouvernement d’entreprise et inclut des parties qui relèvent du droit des marchés de capitaux et du droit de l’environnement, qui ont évidemment aussi un lien avec le gouvernement d’entreprise et le droit des sociétés. Pour comprendre le cœur du gouvernement d’entreprise, à savoir l’organisation des organes d’administration de la société anonyme cotée sur un marché réglementé, il faut s’appuyer sur l’analyse du traitement juridique de sujets à la fois accessoires et rattachés, comme le régime de la responsabilité des administrateurs. Le gouvernement d’entreprise se partage principalement en gouvernements d’entreprise interne et externe. Le gouvernement d’entreprise interne est celui qui traite l’organisation des organes d’administration, les relations entre les administrateurs et les actionnaires. Il se préoccupe surtout des affaires internes des sociétés anonymes. Le gouvernement d’entreprise externe a plutôt à voir avec la société anonyme et ses relations externes, dans le cadre du droit des marchés de capitaux et du droit de l’environnement. La réglementation brésilienne n’a pas accompagné les évolutions du gouvernement d’entreprise interne, sauf par rapport à certains mécanismes de base, comme la publicité. Il y a une plus grande synchronicité dans le gouvernement d’entreprise externe, qui relève de sujets majoritairement poussés en priorité par un consensus international. Le Brésil devra, en fonction de l’évolution de la déconcentration de la structure de l’actionnariat, s’appuyer sur le droit européen et introduire davantage de concepts du gouvernement d’entreprise moderne
Corporate governance has undergone a radical change in Europe since the 1990s. Change has now consolidated and is part of the company law. Brazilian law has always been inspired by European legislation. Our study asks, from a comparative perspective, if the Brazilian corporate law relates to the European corporate governance. In Europe, we focus on German law, English law, French law and Community law. Our analysis goes beyond the heart of corporate governance and includes parts of capital markets law and environmental law, because they obviously also have a connection with corporate governance and company law. The understanding of the core of corporate governance, which is the organization of administrative bodies of the listed company on a regulated market, depends on the analysis of the legal treatment of incidental subjects, but related, as the regime of liability.Corporate governance is divided into internal corporate governance and external corporate governance. Internal corporate governance deals with the organization of administrative bodies, the relationship between directors and shareholders. It is primarily concerned with the internal affairs of corporations. External corporate governance has rather to do with the corporation and its external relations, under capital markets law and environmental law. Brazilian law did not follow changes in the internal corporate governance, except with respect to certain basic mechanisms such as disclosure. There is a greater synchrony in the external corporate governance, whose main topics are first driven by an international consensus. Brazil will have to measure the evolution of shareholding structure. If the shareholding turns less concentrated, Brazil will have to rely on European law and introduce more modern concepts of corporate governance
Corporate Governance hat einen radikalen Wandel in Europa seit den 1990er Jahren durchgemacht. Der Wandel ist konsolidiert und ist nun Teil des Rechts der modernen Aktiengesellschaften. Brasilianisches Recht wird immer durch die europäische Gesetzgebung inspiriert. Unsere Studie fragt, aus einer vergleichenden Sicht, ob sich das brasilianische Unternehmensrecht auf die europäische Corporate Governance bezieht. Wir konzentrieren uns in Europa auf das deutsche Recht, das englische Recht, das französische Recht und das europäische Recht. Unsere Analyse geht über die Herzen der Unternehmensführung und umfasst Teile, die dem Kapitalmarkt- und dem Umweltrecht angehören, da sie selbstverständlich auch eine Verbindung mit der Corporate Governance und dem Aktienrecht haben. Das Verständnis des Kerns der Unternehmensführung, welcher die Organisation der Verwaltungsorgane der börsennotierten Aktiengesellschaft ist, hängt von der Analyse der rechtlichen Behandlung von Neben-Themen, die aber verwandt sind, ab, wie die Regeln über die Haftung. Corporate Governance ist vor allem in interne und externe Corporate Governance unterteilt. Interne Unternehmensführung beinhaltet die Organisation der Verwaltungsorgane und die Beziehung zwischen Direktoren und Aktionäre. Sie ist in erster Linie die innere Angelegenheit der Konzerne. Die externe Unternehmensführung umfasst eher das Unternehmen und seine externen Beziehungen nach dem Recht der Kapitalmärkte und des Umweltrechts

Mestrado em Finanças
In this study we review the theoretical approach behind the capital structure decisions by presenting the ideas of the Modigliani and Miller (1958) Theorem that was based on the perfect capital markets world and with the argument of the law of one price. We show that there are two useful theories in the firm’s financing decision: the Trade‐off theory, which builds on Modigliani and Miller’s original arguments and identifies several relevant factors in determining a firm’s capital structure (such as taxes, costs of financial distress, and agency costs and benefits of debt), and the Pecking Order Theory of Myers and Majluf (1984). Further in this study we describe the evolution of the capital structure of the 16 largest listed non‐financial Portuguese firms (“PSI‐16”) during the recent crisis peaking in 2008. We present a description of the level debt (and net debt) compared to the book value and to the market value of the equity of such firms (debt to equity ratio). We find some evidence consistent with both theories. In particular we find a cautious utilization of debt due to higher risk of bankruptcy (and its costs), but still taking advantage of the interest tax shield (consistent with the trade‐off theory view), and an increase in retained earnings and absence of new issues (consistent with the pecking order theory). We explain that the firms’ financing decision can depend of several factors pointed by the Trade‐off Theory, such as tax advantages of using debt, agency costs and benefits of debt, and costs associated with financial distress. Yet, in times of crisis firms may prefer to use internal rather than external financing mainly because of asymmetry of information.
No presente estudo, fazemos uma revisão da literatura em relação às decisões de estrutura de capital através da apresentação do Teorema de Modigliani e Miller (1958), sendo este baseado num mercado de capitais perfeito com o argumento assente na Lei do Preço Único. Mostramos que existem duas teorias úteis para a decisão de financiamento de uma empresa: a Trade‐off Theory, que está assente sobre os argumentos originais de Modigliani e Miller e identifica vários factores relevantes na determinação da estrutura de capital de uma empresa (como os impostos, os custos de financial distress, custos de agência e benefícios do uso de dívida); e a Pecking Order Theory de Myers e Majluf (1984). Mais além neste estudo, descrevemos a evolução da estrutura de capital das 16 maiores empresas cotadas portuguesas não financeiras (“PSI‐ 16”) durante a recente crise que teve o seu pico em 2008. Apresentamos uma descrição do nível de dívida (e dívida líquida) comparada com o valor contabilístico e o valor de mercado das empresas (rácio debt to equity). Pudemos encontrar alguma evidência consistente com ambas as teorias. Por um lado, as empresas mostram uma certa cautela na utilização de dívida devido ao aumento do risco de falência (e os seus custos), mas ainda tirando vantagem do interest tax shield (consistente com a visão da Trade‐off Theory). Por outro lado, verificamos um aumento dos lucros retidos e nenhuma nova emissão (consistente com a Pecking Order Theory). Concluímos que as decisões de financiamento de uma empresa dependerão de diversos factores apontados pela Tradeoff Theory, como as vantagens fiscais na utilização de dívida, custos de agência e benefícios do uso de dívida, e custos associados com financial distress. Ainda, em tempos de crise as empresas podem preferir usar financiamento interno no lugar de externo, principalmente devido à assimetria de informação.

Made available in DSpace on 2016-04-26T20:30:36Z (GMT). No. of bitstreams: 1 Regulacao e Auto Regulacao no Mercado de Capitais Brasileiro.PDF: 673161 bytes, checksum: 9ab570c96f0d0a0ee56517005213a4f4 (MD5) Previous issue date: 2005-08-08
nenhum
This work intends to bring a contribution for the debate about the adequacy of the current regulation system of the Brazilian capital markets and to propose a solution for its enhancement, with the intention to increase the number and the quality of the transactions held in such market, and to make them safer for investors. In this context, it will only be analyzed the aspects of regulation and self-regulation in the segment of the financial system governed by Law nr. 6385/76, as amended, i.e., aspects exclusively related to the national securities market. The purpose hereby proposed is to present and discuss, in a comprehensive manner, the legal aspects related to regulation and self-regulation in the Brazilian capital markets, from the comprehension of the concept of regulation and its related aspects, including its characteristics and limits, as well as the characteristics of the regulatory power in our capital markets, demonstrating that the exercise of regulatory function by the Executive Power is legally valid in the Brazilian juridical system. The topic of self-regulation was analyzed bearing in mind not only its general characteristics, but also its specific characteristics related to the Brazilian capital markets, including the legal rationale for the exercise of self-regulation power by private entities, the relationship between the Brazilian Securities Commission (Comissão de Valores Mobiliários) and mentioned entities, the analysis of the Stock Exchanges activities and the analysis of factual events related to self-regulation in the securities market of Brazil. Thus, the intention hereby was to demonstrate that the safer and more adequate alternative for the development of the Brazilian securities market is a greater balance between regulation and self-regulation, with the increase of the participation of self-regulation in our capital markets.
Este trabalho tem por objetivo trazer uma contribuição para o debate em torno da adequação do atual sistema de regulação do mercado de capitais brasileiro e apontar uma solução para sua melhora, de forma a aumentar o número e a qualidade das operações realizadas em referido mercado e torná-las mais seguras para os investidores. Nesse contexto, somente serão analisados os aspectos da regulação e da auto-regulação no segmento do sistema financeiro disciplinado pela Lei nº 6.385/76, conforme alterada, ou seja, aspectos relativos exclusivamente ao mercado de valores mobiliários nacional. A finalidade aqui proposta é apresentar e discutir, de forma abrangente, os aspectos jurídicos relacionados à regulação e à auto-regulação no mercado de capitais no Brasil, partindo da compreensão do conceito de regulação e dos aspectos a ele relacionados, incluindo suas características e limites, bem como as características do poder regulamentar em nosso mercado de capitais, demonstrando que o exercício de função normativa pelo Poder Executivo é juridicamente válido no ordenamento jurídico brasileiro. O tema da auto-regulação foi analisado tendo em vista não apenas suas características gerais, como também suas características específicas no mercado de capitais brasileiro, incluindo a fundamentação legal do exercício do poder de auto-regulação por entidades privadas, a relação entre a Comissão de Valores Mobiliários e referidas entidades, a análise das atividades das Bolsas de Valores e a análise de casos concretos atuais pertinentes à auto-regulação no mercado de valores mobiliários no Brasil. Assim, pretendeu-se demonstrar que a alternativa mais segura e adequada ao desenvolvimento do mercado de valores mobiliários brasileiro é um maior equilíbrio entre a regulação e a auto-regulação, com o aumento da participação da auto-regulação em nosso mercado de capitais.

This concluding chapter discusses how capital markets are changing, dramatically so. The massive innovation in investment products over the last 30 years is giving way to shifting trading patterns, changing investor profiles, and new forms of capitalism and finance. The dynamics of international markets have changed, even since the Asian financial crisis, when ‘contagion’ entered the financial lexicon. Now, information, investments, and capital can be transmitted instantaneously; so can risk. Indeed, the new markets defy the old rules. Technology pervades everything, giving rise to a new catchphrase, ‘fintech’. As financial markets have become inexorably interconnected, at the same time they appear increasingly disconnected from the real world, the real economy. The chapter then looks at the topography of the new regulatory landscape. The big economies, and their regulatory approaches, will continue to impact strongly international markets. But there are more and more big economies with resurgent capital markets, so the international dynamics will change.

This chapter studies the roles of intermediaries. As exchanges developed in Western Europe and the colonies, they spun out a widening web of intermediaries participating in the process of trading financial products. In the lead up to the global financial crisis, the roles assumed by intermediaries, and their sources of revenue, had mutated over time. Intermediaries became issuers and capital raisers in their own right. Originally handmaidens to the exchanges, intermediaries created a new, free floating, trading world. In this new trading world, the potential conflicts of interest inherent in agency relationships have been exacerbated by the multiple roles intermediaries have assumed. Further intensifying the stresses on market relationships have been the rapid changes in trading practices now permitted by technology and the internationalization of the capital markets. Lastly, over ten years after the global financial crisis, regulatory responses continue to play out, as markets and intermediaries jockey and adjust to the new rules.

This introductory chapter provides an overview of international capital markets. International capital markets are not a new phenomenon; in various forms, they have been around for centuries. The global financial crisis, however, shone a strong light on the workings of international capital markets. They had, unmistakably, been purveyors of systemic risk and seemingly attracted little by way of oversight or regulation. The chapter then assesses how international capital markets have been regulated and what lies on the regulatory horizon. It addresses securities regulation; capital market regulation; information disclosure; and self-regulation. There is no doubt that in a dozen years from now, the regulatory and institutional landscape of international capital markets will have been transformed. Adjustments to the shock of financial crisis have been working their way through systems around the world. Demographics and geopolitical forces are shifting, changing with them investment patterns, institutional models, and long-held assumptions about market behaviour. Information technology has also profoundly impacted information-based regulatory systems, outpacing regulatory responses.

This chapter addresses niche markets. Niche markets are typically small, geographically challenged, and independently minded countries which, for various geopolitical reasons, have never reaped the economic benefits of expansion and empire. It is a hard business being a niche market, operating in a competitive and often unforgiving environment, engaging in constant repositioning, and facing inherent limitations on growth. Surprisingly, perhaps, there are lots of niche markets and a very diverse grouping they are, deploying a variety of survival strategies. In all cases, state capitalism, in various guises, supports these markets. In earlier times, reputation, a friendly regulator, and good business practices might have sufficed. Now, there is a new dynamic. As elsewhere, but more so in niche markets, technology is the game changer; small as well as large markets can be at the cutting edge. Technology is also providing the means for the creation of large interconnected networks of markets, which may continue to appear distinct on the surface, but which are deeply intertwined through integration of trading platforms as well as formal and informal alliances.

This chapter examines the International Organization of Securities Commissions (IOSCO). Over the nearly four decades of its existence, as its composition and roles evolved, and in the absence of any other body, IOSCO became a focal point for oversight of international capital markets. Crises, first the regional Asian financial crisis of 1997–98 and then the global financial crisis, have dramatically changed IOSCO. Crises have also thrust capital markets into the international limelight, and led to the appearance of new international institutions, including the Financial Stability Forum (FSF) and the Financial Stability Board (FSB). Unlike IOSCO, both the FSF and the FSB were political initiatives. As such, they also drew into their orbit formal treaty organizations such as the International Monetary Fund (IMF) and The World Bank, among others. The chapter then looks at international financial institutions and the Financial Sector Assessment Program (FSAP).

This chapter focuses on the regulation of international markets in the United Kingdom. Providing investor protection in the United Kingdom has been a fraught and difficult process. Even well into the 1980s, one very popular view in the City of London, openly espoused, was that it was not the role of government, nor was it necessarily either possible or desirable, to ‘protect fools from their own folly’. Rather, the gentlemen of the City, historical evidence to the contrary notwithstanding, insisted that their ‘impeccable’ behaviour provided all the protections necessary. Less than a decade ago, the International Monetary Fund (IMF) identified ‘uncertainty risk’ as the major threat to the City of London. At the time, massive regulatory change in the United Kingdom and a tidal wave of EU regulation in response to the global financial crisis were the immediate concerns. Despite the sea changes in the nature of markets and regulatory upheaval in the United Kingdom, the City sailed on. In hindsight, the uncertainty risks associated with the global financial crisis and the EU's regulatory agenda pale in comparison to those posed by Brexit.

This chapter describes Islamic capital markets. Led by Malaysia and its distinct Islamic Market, Bursa Malaysia-I, Islamic finance has entered the mainstream of international capital markets, primarily in the form of ‘Islamic bonds’ (sukuk) and fund products. Saudi Arabia, with its well-publicized Saudi Aramco initial public offering (IPO) in 2019, raised, less successfully, a different flag in the international markets. Islamic finance has infiltrated conventional markets too. Non-Islamic issuers, sovereigns, corporates and international institutions, have issued sukuk, attracted by the wash of liquidity and investors in the Gulf region. Indeed, Islamic finance has been rubbing shoulders with modern conventional finance for several decades now. As ‘conventional’ finance has become less ‘conventional’, shari'a compliant finance has become more accepted. Impediments to growth persist; the imperviousness to standardization and the artificiality of the structures underlying the financial products increase costs and possibly risk, making the products uncompetitive. However, cost is not the only consideration in the marketplace. With greater interest in ethical and ESG (environmental, social, and governance) investing, Islamic finance may be the path or the way to future markets.

This chapter looks at the new European capital markets. The creation of the European Securities and Markets Authority (ESMA) was ‘an epochal date for EU financial market regulation’. Whereas ESMA's role is primarily one of overall supervision and promotion of supervisory convergence, the 2007–09 financial crisis, which led to its birth, continues incrementally to push the European legislator toward reinforcing ESMA's powers and capturing increasingly more activities under the ‘Single Rulebook’. With the proposal of a Capital Markets Union and Brexit, this trend is likely to continue. Potentially, the European Union is now well placed to forge a new paradigm for the regulation of capital markets, given the increased focus and the technical expertise which ESMA brings to bear. At least in theory, the EU should no longer be beholden to US or international models for its regulatory models.

This chapter discusses the regulatory techniques in the international capital markets. Regulation, as it is usually understood, emanates from a national (or perhaps sub-national) authority and operates locally. Capital markets predate the nation state and have been boundary blind. So, how have modern international capital markets been regulated? Different approaches have waxed and waned in popularity, but several broad groupings can be discerned: inaction; unilateralism; formal and informal cooperative efforts; and international or supra-national initiatives. The different regulatory approaches operating in modern international capital markets are not mutually exclusive; they often coexist or interact, in both a positive and negative manner. Ultimately, the different regulatory approaches to international capital markets, which ones dominate, which ones wither away, have been shaped by the geopolitical forces of empire, the emergence of the supra-national state, and hegemony.

The behavior (manipulation) for prompting selling or buying a capital market instrument or increasing or decreasing the value of capital market instrument artificially by deceiving the investors in the capital market sprincipally deteriorate the trust and stability of the capital market and damages the rights of the investors. Besides, such behavior upsets the transparency of the market and causes that the trust that should be in the market is breached. Such behavior called as manipulation in the capital markets are arranged under the name “market manipulation” in the article 107 of the Capital Market Law (SPKn) no: 6362. Because of the negative impacts on the market, having an arrangement as a crime separate from the fraud provisions included in the criminal code is principally a statement of a necessity. Market manipulation is subjected to a dual distinction as committed based on insider information and committed based on transaction. Article 107/1 regulates the market manipulation based on trade and Article 107/2 of SPKn the market manipulation based on information. Even though the same imprisonment is anticipated in the law for both market manipulation, for the market manipulation based on trade, a special remorse circumstance is included in the Article 107/3 and a special compliance with the laws reasons in the Article 108.

Insider trading act is penalised ultima ratio with the aim of fighting against manmade market actions which outrage the principle of public disclosure and the element of trust in order to establish equality and good faith in capital markets. Insider trading is first disposed as a crime among the other capital market crimes (art.47/1-A-1) in the Capital Market Code no.2499 dated 28.07.1981 with the Amendment to the law no.3794 dated 29.04.1992 and at the present time it is rearranged as a self-contained crime type in article 106 of the Capital Market Code no.6362 dated 06.12.2012. In this study, the crime of insider trading is examined –in particular through the controversial points- as a comparative analysis between abrogated and current dispositions in Turkish Law.

Housing Finance system has provided funds to households and organizations for buying their homes and premises. There are different type of housing finance systems which are applied by different countries. Housing finance systems can be more efficient, if private sector and public sector work together and harmoniously. Housing Finance system has made considerable progress in Turkey in the last 20 years. Before housing finance system was developed in Turkey, people could have bought houses by combining their retirement allowances and savings. Another method for financing their house, people could have borrowed from relatives or close friends along with their own savings. The Mass Housing Law (Law No: 2985) entered into force in 1984.The main target of the law, to find a solution of the housing problem in Turkey. Law also determines the tasks of the Housing Development Administration (TOKİ). After 2000’s Turkish Banks began to extend long term housing loans, but there was not mortgage system. Due to inadequate saving and income levels, it was not easy to use banking finance system for the low and middle income groups. In 2007, new legal regulations come into force, which is called Mortgage Law, for improving legal framework for borrowers and lenders in the primary markets and also made regulations for integrating primary mortgage market to the capital markets. In our paper, the finance methods and improvements in the housing finance in Turkey have been analyzed evaluating legal regulations and also the methods which is used by banks and other related institutions.

Financial crises occurred in international markets and costs of these crises to investors at microeconomic level and to whole country at macroeconomic level caused institutional administration to have more interest. There are some regulations in this area to follow events in the world closely and to increase the contributions of capital markets on economic development. Background of institutional administration is regulated by Capital Market Legislation, Turkish Trade Legislation, International Reporting Standards and Turkey Accounting Standards. These regulations stand out in accounting primarily. Accounting transactions have great importance with its decisive role about researching financial positions of entrepreneurs and implementing other financial responsibilities. Transparence which is the one principle of institutional transparence included corporate governance, explaining, responsibility has important role to achive this regulations. Transparence term has enhanced its importance in capital markets last years. Transparence is necessary to protect investor rights and get public trust. Corporate transparance is directly related with accountancy application and provided by the standart of accountancy which is admitted in international area. This study aims to uncover the relationship between the accounting system and the principle of transparency corporate governance. For this purpose, primarily corporate governance principles transparency and variable laws on emphasis at the same time will be included secondary data.

Japan's low-interest rates made the country's currency the primary funding currency in carry trade speculative strategies. Investors' activity in carry trade strategies has an enormous impact on the foreign exchange market volatility. A large inflow of capital to countries with higher interest rates contributes to their currency appreciation, and, in turn, a large outflow of capital from countries with a low-interest rate leads to a significant depreciation of their currency. However, in times of crisis and high uncertainty in the financial markets, investors massively withdraw from the carry trade. They sell financial assets purchased in a country with higher interest rates and then repay loans taken in a country with low-interest rates. A sudden increase in the supply of a country's currency with higher interest rates leads to its depreciation. On the other hand, the rise in demand for a country's currency with low-interest rates leads to its appreciation. The Japanese yen is one of the most popular funding currency in the carry trade and thus tends to appreciate during crisis periods. The paper aims to investigate the relationship between Japanese yen value and financial market uncertainty measured by the Volatility Index VIX and St. Louis FED Financial Stress Index. Based on the component generalized autoregressive conditional heteroscedasticity model CGARCH with asymmetric threshold term, it has been shown that the increase in financial markets uncertainty contributes to significant appreciation of the Japanese yen against the US dollar. It implies that the Japanese currency is an example of a safe-haven currency and can be applied to hedge financial stress for global equity investors.

International capital flows have been on an unprecedented roller-coaster ride in recent years. Capital flows to emerging market economies have been strongly correlated with changes in global financing conditions, rising sharply during periods with relatively low global interest rates and low VIX (called risk-on) and shrinking afterward. In open emerging market economies, interest rate increases can attract excessive capital inflows appreciating the exchange rate, and leading to excessive borrowing in foreign currency, and encouraging leverage. A well-designed macro prudential policy prevents credit –driven bubble and mitigating pro-cyclicality of capital flows.

This rapid review synthesises the literature from academic, policy, and knowledge institution sources on how demography affects labour markets (e.g. entrants, including youth and women) and labour market outcomes (e.g. capital-per-worker, life-cycle labour supply, human capital investments) in the context of sub-Saharan Africa. One of the key findings is that the fast-growing population in sub-Saharan Africa is likely to affect the ability to get productive jobs and in turn economic growth. This normally happens when workers move from traditional (low productivity agriculture and household businesses) sectors into higher productivity sectors in manufacturing and services. In theory the literature shows that lower dependency ratios (share of the non-working age population) should increase output per capita if labour force participation rates among the working age population remain unchanged. If output per worker stays constant, then a decline in dependency ratio would lead to a rise in income per capita. Macro simulation models for sub-Saharan Africa estimate that capital per worker will remain low due to consistently low savings for at least the next decades, even in the low fertility scenario. Sub-Saharan African countries seem too poor for a quick rise in savings. As such, it is unlikely that a lower dependency ratio will initiate a dramatic increase in labour productivity. The literature notes the gender implications on labour markets. Most women combine unpaid care for children with informal and low productive work in agriculture or family enterprises. Large family sizes reduce their productive labour years significantly, estimated at a reduction of 1.9 years of productive participation per woman for each child, that complicates their move into more productive work (if available). If the transition from high fertility to low fertility is permanent and can be established in a relatively short-term period, there are long-run effects on female labour participation, and the gains in income per capita will be permanent. As such from the literature it is clear that the effect of higher female wages on female labour participation works to a large extent through reductions in fertility.

Using unique data from Pakistan, we estimate a model of demand for differentiated products in 112 rural education markets with significant choice among public and private schools. Families are willing to pay substantially for reductions in distance to school, but in contrast, price elasticities are low. Using the demand estimates, we show that the existence of a low fee private school market is of great value for households in our sample, reaching 2 percent to 7 percent of annual per capita expenditure for those choosing private schools.

We develop a small open economy model with nominal rigidities and fragmented labor markets to study the response of the monetary policy to a migration shock. Migrants are characterized by their productivity levels, their restrictions to accumulate capital, as well as by the flexibility of their labor income. Our results show that the monetary policy response depends on the characteristics of migrants and the local labor market. An inflow of low(high)-productivity workers reduces(increases) marginal costs, lowers(raises) inflation expectations and pushes the Central Bank to reduce(increase) the interest rate. The model is calibrated to the Colombian economy and used to analyze a migratory inflow of financially constraint workers from Venezuela into a sector with flexible and low wages.

Women's participation in the labor market in Central America is low for the international standard. Increase such participation is on the agenda of many policymakers who want to improve women's access to quality employment. In this paper, we use data from Central America, Panama, and the Dominican Republic to assess whether gender equality in the law helps increasing women's participation in the labor force and, therefore, boosts GDP per capita. The study is based on two econometric methodologies to evaluate distinct aspects of the economic mechanism.

This paper studies from an empirical and theoretical perspective the systemic and bank-level effects of imposing reserve requirements (RR) in foreign currency in an economy with a heavily dollarized financial system. The paper empirically characterizes banks responses to the RR carried out by the Peruvian Central Bank since 2008 with the objective of stabilizing the financial market and meeting its policy targets. The results suggest that the RR is effective in reducing the overall level of credit in the economy and that banks response in terms of credit and deposits is very heterogeneous depending on their ex ante preference for foreign funding ratio, i.e., the ratio of deposits in dollars to total loans. Motivated by the empirical insights, the paper builds a DSGE small-open-economy model with financial frictions à la Gertler-Karadi-Kiyotaki, where bank heterogeneity and financial dollarization are introduced to evaluate the effectiveness of the differential RR in reducing financial dollarization and improving financial resilience.

This policy brief was developed in order to identify preliminary green /sustainable infrastructure opportunities for cities in Brazil. The rapidly growing green bond market can help local authorities to attract new sources of capital for financing subnational infrastructure. Water and sanitation, waste to energy and urban mobility were the sectors selected for an inicial assessment, given the investment needs in Brazilian municipalities and their alignment with low carbon development and resilience. This brief was also used to raise awareness across key infrastructure stakeholders in Brazil, and build a number of market education activities in the second semester of 2018.

We explore how Multilateral Development Banks (MDBs) can help to fill a large infrastructure financing gap in developing countries by indirectly mobilizing resources from other entities. The analysis focuses on more than 6,500 transactions in 2005-2020 to developing and emerging markets from the Infrastructure Journal database. Using granular data, we analyze the dynamics of flows from different actors to infrastructure at the country-subsector level, and control for a wide range of fixed effects. MDB lending significantly increases the inflows from other sources. Cross-border and domestic resources are mobilized from both the public and the private sectors. Effects exhibit country heterogeneity. Mobilization occurs in countries of all income levels, though it is stronger in low and lower-middle income countries. In countries that use capital controls frequently mobilization effects are undermined. When the global financial crisis of 2008 hit, no difference in mobilization effects was found, unlike the COVID-19 pandemic when mobilization effects were weakened. The findings survive a long battery of robustness checks, and no evidence of anticipation effects is found.

1.1 Macroeconomic summary Economic recovery has consistently outperformed the technical staff’s expectations following a steep decline in activity in the second quarter of 2020. At the same time, total and core inflation rates have fallen and remain at low levels, suggesting that a significant element of the reactivation of Colombia’s economy has been related to recovery in potential GDP. This would support the technical staff’s diagnosis of weak aggregate demand and ample excess capacity. The most recently available data on 2020 growth suggests a contraction in economic activity of 6.8%, lower than estimates from January’s Monetary Policy Report (-7.2%). High-frequency indicators suggest that economic performance was significantly more dynamic than expected in January, despite mobility restrictions and quarantine measures. This has also come amid declines in total and core inflation, the latter of which was below January projections if controlling for certain relative price changes. This suggests that the unexpected strength of recent growth contains elements of demand, and that excess capacity, while significant, could be lower than previously estimated. Nevertheless, uncertainty over the measurement of excess capacity continues to be unusually high and marked both by variations in the way different economic sectors and spending components have been affected by the pandemic, and by uneven price behavior. The size of excess capacity, and in particular the evolution of the pandemic in forthcoming quarters, constitute substantial risks to the macroeconomic forecast presented in this report. Despite the unexpected strength of the recovery, the technical staff continues to project ample excess capacity that is expected to remain on the forecast horizon, alongside core inflation that will likely remain below the target. Domestic demand remains below 2019 levels amid unusually significant uncertainty over the size of excess capacity in the economy. High national unemployment (14.6% for February 2021) reflects a loose labor market, while observed total and core inflation continue to be below 2%. Inflationary pressures from the exchange rate are expected to continue to be low, with relatively little pass-through on inflation. This would be compatible with a negative output gap. Excess productive capacity and the expectation of core inflation below the 3% target on the forecast horizon provide a basis for an expansive monetary policy posture. The technical staff’s assessment of certain shocks and their expected effects on the economy, as well as the presence of several sources of uncertainty and related assumptions about their potential macroeconomic impacts, remain a feature of this report. The coronavirus pandemic, in particular, continues to affect the public health environment, and the reopening of Colombia’s economy remains incomplete. The technical staff’s assessment is that the COVID-19 shock has affected both aggregate demand and supply, but that the impact on demand has been deeper and more persistent. Given this persistence, the central forecast accounts for a gradual tightening of the output gap in the absence of new waves of contagion, and as vaccination campaigns progress. The central forecast continues to include an expected increase of total and core inflation rates in the second quarter of 2021, alongside the lapse of the temporary price relief measures put in place in 2020. Additional COVID-19 outbreaks (of uncertain duration and intensity) represent a significant risk factor that could affect these projections. Additionally, the forecast continues to include an upward trend in sovereign risk premiums, reflected by higher levels of public debt that in the wake of the pandemic are likely to persist on the forecast horizon, even in the context of a fiscal adjustment. At the same time, the projection accounts for the shortterm effects on private domestic demand from a fiscal adjustment along the lines of the one currently being proposed by the national government. This would be compatible with a gradual recovery of private domestic demand in 2022. The size and characteristics of the fiscal adjustment that is ultimately implemented, as well as the corresponding market response, represent another source of forecast uncertainty. Newly available information offers evidence of the potential for significant changes to the macroeconomic scenario, though without altering the general diagnosis described above. The most recent data on inflation, growth, fiscal policy, and international financial conditions suggests a more dynamic economy than previously expected. However, a third wave of the pandemic has delayed the re-opening of Colombia’s economy and brought with it a deceleration in economic activity. Detailed descriptions of these considerations and subsequent changes to the macroeconomic forecast are presented below. The expected annual decline in GDP (-0.3%) in the first quarter of 2021 appears to have been less pronounced than projected in January (-4.8%). Partial closures in January to address a second wave of COVID-19 appear to have had a less significant negative impact on the economy than previously estimated. This is reflected in figures related to mobility, energy demand, industry and retail sales, foreign trade, commercial transactions from selected banks, and the national statistics agency’s (DANE) economic tracking indicator (ISE). Output is now expected to have declined annually in the first quarter by 0.3%. Private consumption likely continued to recover, registering levels somewhat above those from the previous year, while public consumption likely increased significantly. While a recovery in investment in both housing and in other buildings and structures is expected, overall investment levels in this case likely continued to be low, and gross fixed capital formation is expected to continue to show significant annual declines. Imports likely recovered to again outpace exports, though both are expected to register significant annual declines. Economic activity that outpaced projections, an increase in oil prices and other export products, and an expected increase in public spending this year account for the upward revision to the 2021 growth forecast (from 4.6% with a range between 2% and 6% in January, to 6.0% with a range between 3% and 7% in April). As a result, the output gap is expected to be smaller and to tighten more rapidly than projected in the previous report, though it is still expected to remain in negative territory on the forecast horizon. Wide forecast intervals reflect the fact that the future evolution of the COVID-19 pandemic remains a significant source of uncertainty on these projections. The delay in the recovery of economic activity as a result of the resurgence of COVID-19 in the first quarter appears to have been less significant than projected in the January report. The central forecast scenario expects this improved performance to continue in 2021 alongside increased consumer and business confidence. Low real interest rates and an active credit supply would also support this dynamic, and the overall conditions would be expected to spur a recovery in consumption and investment. Increased growth in public spending and public works based on the national government’s spending plan (Plan Financiero del Gobierno) are other factors to consider. Additionally, an expected recovery in global demand and higher projected prices for oil and coffee would further contribute to improved external revenues and would favor investment, in particular in the oil sector. Given the above, the technical staff’s 2021 growth forecast has been revised upward from 4.6% in January (range from 2% to 6%) to 6.0% in April (range from 3% to 7%). These projections account for the potential for the third wave of COVID-19 to have a larger and more persistent effect on the economy than the previous wave, while also supposing that there will not be any additional significant waves of the pandemic and that mobility restrictions will be relaxed as a result. Economic growth in 2022 is expected to be 3%, with a range between 1% and 5%. This figure would be lower than projected in the January report (3.6% with a range between 2% and 6%), due to a higher base of comparison given the upward revision to expected GDP in 2021. This forecast also takes into account the likely effects on private demand of a fiscal adjustment of the size currently being proposed by the national government, and which would come into effect in 2022. Excess in productive capacity is now expected to be lower than estimated in January but continues to be significant and affected by high levels of uncertainty, as reflected in the wide forecast intervals. The possibility of new waves of the virus (of uncertain intensity and duration) represents a significant downward risk to projected GDP growth, and is signaled by the lower limits of the ranges provided in this report. Inflation (1.51%) and inflation excluding food and regulated items (0.94%) declined in March compared to December, continuing below the 3% target. The decline in inflation in this period was below projections, explained in large part by unanticipated increases in the costs of certain foods (3.92%) and regulated items (1.52%). An increase in international food and shipping prices, increased foreign demand for beef, and specific upward pressures on perishable food supplies appear to explain a lower-than-expected deceleration in the consumer price index (CPI) for foods. An unexpected increase in regulated items prices came amid unanticipated increases in international fuel prices, on some utilities rates, and for regulated education prices. The decline in annual inflation excluding food and regulated items between December and March was in line with projections from January, though this included downward pressure from a significant reduction in telecommunications rates due to the imminent entry of a new operator. When controlling for the effects of this relative price change, inflation excluding food and regulated items exceeds levels forecast in the previous report. Within this indicator of core inflation, the CPI for goods (1.05%) accelerated due to a reversion of the effects of the VAT-free day in November, which was largely accounted for in February, and possibly by the transmission of a recent depreciation of the peso on domestic prices for certain items (electric and household appliances). For their part, services prices decelerated and showed the lowest rate of annual growth (0.89%) among the large consumer baskets in the CPI. Within the services basket, the annual change in rental prices continued to decline, while those services that continue to experience the most significant restrictions on returning to normal operations (tourism, cinemas, nightlife, etc.) continued to register significant price declines. As previously mentioned, telephone rates also fell significantly due to increased competition in the market. Total inflation is expected to continue to be affected by ample excesses in productive capacity for the remainder of 2021 and 2022, though less so than projected in January. As a result, convergence to the inflation target is now expected to be somewhat faster than estimated in the previous report, assuming the absence of significant additional outbreaks of COVID-19. The technical staff’s year-end inflation projections for 2021 and 2022 have increased, suggesting figures around 3% due largely to variation in food and regulated items prices. The projection for inflation excluding food and regulated items also increased, but remains below 3%. Price relief measures on indirect taxes implemented in 2020 are expected to lapse in the second quarter of 2021, generating a one-off effect on prices and temporarily affecting inflation excluding food and regulated items. However, indexation to low levels of past inflation, weak demand, and ample excess productive capacity are expected to keep core inflation below the target, near 2.3% at the end of 2021 (previously 2.1%). The reversion in 2021 of the effects of some price relief measures on utility rates from 2020 should lead to an increase in the CPI for regulated items in the second half of this year. Annual price changes are now expected to be higher than estimated in the January report due to an increased expected path for fuel prices and unanticipated increases in regulated education prices. The projection for the CPI for foods has increased compared to the previous report, taking into account certain factors that were not anticipated in January (a less favorable agricultural cycle, increased pressure from international prices, and transport costs). Given the above, year-end annual inflation for 2021 and 2022 is now expected to be 3% and 2.8%, respectively, which would be above projections from January (2.3% and 2,7%). For its part, expected inflation based on analyst surveys suggests year-end inflation in 2021 and 2022 of 2.8% and 3.1%, respectively. There remains significant uncertainty surrounding the inflation forecasts included in this report due to several factors: 1) the evolution of the pandemic; 2) the difficulty in evaluating the size and persistence of excess productive capacity; 3) the timing and manner in which price relief measures will lapse; and 4) the future behavior of food prices. Projected 2021 growth in foreign demand (4.4% to 5.2%) and the supposed average oil price (USD 53 to USD 61 per Brent benchmark barrel) were both revised upward. An increase in long-term international interest rates has been reflected in a depreciation of the peso and could result in relatively tighter external financial conditions for emerging market economies, including Colombia. Average growth among Colombia’s trade partners was greater than expected in the fourth quarter of 2020. This, together with a sizable fiscal stimulus approved in the United States and the onset of a massive global vaccination campaign, largely explains the projected increase in foreign demand growth in 2021. The resilience of the goods market in the face of global crisis and an expected normalization in international trade are additional factors. These considerations and the expected continuation of a gradual reduction of mobility restrictions abroad suggest that Colombia’s trade partners could grow on average by 5.2% in 2021 and around 3.4% in 2022. The improved prospects for global economic growth have led to an increase in current and expected oil prices. Production interruptions due to a heavy winter, reduced inventories, and increased supply restrictions instituted by producing countries have also contributed to the increase. Meanwhile, market forecasts and recent Federal Reserve pronouncements suggest that the benchmark interest rate in the U.S. will remain stable for the next two years. Nevertheless, a significant increase in public spending in the country has fostered expectations for greater growth and inflation, as well as increased uncertainty over the moment in which a normalization of monetary policy might begin. This has been reflected in an increase in long-term interest rates. In this context, emerging market economies in the region, including Colombia, have registered increases in sovereign risk premiums and long-term domestic interest rates, and a depreciation of local currencies against the dollar. Recent outbreaks of COVID-19 in several of these economies; limits on vaccine supply and the slow pace of immunization campaigns in some countries; a significant increase in public debt; and tensions between the United States and China, among other factors, all add to a high level of uncertainty surrounding interest rate spreads, external financing conditions, and the future performance of risk premiums. The impact that this environment could have on the exchange rate and on domestic financing conditions represent risks to the macroeconomic and monetary policy forecasts. Domestic financial conditions continue to favor recovery in economic activity. The transmission of reductions to the policy interest rate on credit rates has been significant. The banking portfolio continues to recover amid circumstances that have affected both the supply and demand for loans, and in which some credit risks have materialized. Preferential and ordinary commercial interest rates have fallen to a similar degree as the benchmark interest rate. As is generally the case, this transmission has come at a slower pace for consumer credit rates, and has been further delayed in the case of mortgage rates. Commercial credit levels stabilized above pre-pandemic levels in March, following an increase resulting from significant liquidity requirements for businesses in the second quarter of 2020. The consumer credit portfolio continued to recover and has now surpassed February 2020 levels, though overall growth in the portfolio remains low. At the same time, portfolio projections and default indicators have increased, and credit establishment earnings have come down. Despite this, credit disbursements continue to recover and solvency indicators remain well above regulatory minimums. 1.2 Monetary policy decision In its meetings in March and April the BDBR left the benchmark interest rate unchanged at 1.75%.

Banco de la República provides a comprehensive overview of Colombia’s finan¬cial infrastructure in its Payment Systems Report, which is an important product of the work it does to oversee that infrastructure. The figures published in this edition of the report are for the year 2020, a pandemic period in which the con¬tainment measures designed and adopted to alleviate the strain on the health system led to a sharp reduction in economic activity and consumption in Colom¬bia, as was the case in most countries. At the start of the pandemic, the Board of Directors of Banco de la República adopted decisions that were necessary to supply the market with ample liquid¬ity in pesos and US dollars to guarantee market stability, protect the payment system and preserve the supply of credit. The pronounced growth in mone¬tary aggregates reflected an increased preference for liquidity, which Banco de la República addressed at the right time. These decisions were implemented through operations that were cleared and settled via the financial infrastructure. The second section of this report, following the introduction, offers an analysis of how the various financial infrastructures in Colombia have evolved and per¬formed. One of the highlights is the large-value payment system (CUD), which registered more momentum in 2020 than during the previous year, mainly be¬cause of an increase in average daily remunerated deposits made with Banco de la República by the General Directorate of Public Credit and the National Treasury (DGCPTN), as well as more activity in the sell/buy-back market with sovereign debt. Consequently, with more activity in the CUD, the Central Securi¬ties Depository (DCV) experienced an added impetus sparked by an increase in the money market for bonds and securities placed on the primary market by the national government. The value of operations cleared and settled through the Colombian Central Counterparty (CRCC) continues to grow, propelled largely by peso/dollar non-deliverable forward (NDF) contracts. With respect to the CRCC, it is important to note this clearing house has been in charge of managing risks and clearing and settling operations in the peso/dollar spot market since the end of last year, following its merger with the Foreign Exchange Clearing House of Colombia (CCDC). Since the final quarter of 2020, the CRCC has also been re¬sponsible for clearing and settlement in the equities market, which was former¬ly done by the Colombian Stock Exchange (BVC). The third section of this report provides an all-inclusive view of payments in the market for goods and services; namely, transactions carried out by members of the public and non-financial institutions. During the pandemic, inter- and intra-bank electronic funds transfers, which originate mostly with companies, increased in both the number and value of transactions with respect to 2019. However, debit and credit card payments, which are made largely by private citizens, declined compared to 2019. The incidence of payment by check contin¬ue to drop, exhibiting quite a pronounced downward trend during the past last year. To supplement to the information on electronic funds transfers, section three includes a segment (Box 4) characterizing the population with savings and checking accounts, based on data from a survey by Banco de la República con-cerning the perception of the use of payment instruments in 2019. There also is segment (Box 2) on the growth in transactions with a mobile wallet provided by a company specialized in electronic deposits and payments (Sedpe). It shows the number of users and the value of their transactions have increased since the wallet was introduced in late 2017, particularly during the pandemic. In addition, there is a diagnosis of the effects of the pandemic on the payment patterns of the population, based on data related to the use of cash in circu¬lation, payments with electronic instruments, and consumption and consumer confidence. The conclusion is that the collapse in the consumer confidence in¬dex and the drop in private consumption led to changes in the public’s pay¬ment patterns. Credit and debit card purchases were down, while payments for goods and services through electronic funds transfers increased. These findings, coupled with the considerable increase in cash in circulation, might indicate a possible precautionary cash hoarding by individuals and more use of cash as a payment instrument. There is also a segment (in Focus 3) on the major changes introduced in regulations on the retail-value payment system in Colombia, as provided for in Decree 1692 of December 2020. The fourth section of this report refers to the important innovations and tech¬nological changes that have occurred in the retail-value payment system. Four themes are highlighted in this respect. The first is a key point in building the financial infrastructure for instant payments. It involves of the design and im¬plementation of overlay schemes, a technological development that allows the various participants in the payment chain to communicate openly. The result is a high degree of interoperability among the different payment service providers. The second topic explores developments in the international debate on central bank digital currency (CBDC). The purpose is to understand how it could impact the retail-value payment system and the use of cash if it were to be issued. The third topic is related to new forms of payment initiation, such as QR codes, bio¬metrics or near field communication (NFC) technology. These seemingly small changes can have a major impact on the user’s experience with the retail-value payment system. The fourth theme is the growth in payments via mobile tele¬phone and the internet. The report ends in section five with a review of two papers on applied research done at Banco de la República in 2020. The first analyzes the extent of the CRCC’s capital, acknowledging the relevant role this infrastructure has acquired in pro¬viding clearing and settlement services for various financial markets in Colom¬bia. The capital requirements defined for central counterparties in some jurisdic¬tions are explored, and the risks to be hedged are identified from the standpoint of the service these type of institutions offer to the market and those associated with their corporate activity. The CRCC’s capital levels are analyzed in light of what has been observed in the European Union’s regulations, and the conclusion is that the CRCC has a scheme of security rings very similar to those applied internationally and the extent of its capital exceeds what is stipulated in Colombian regulations, being sufficient to hedge other risks. The second study presents an algorithm used to identify and quantify the liquidity sources that CUD’s participants use under normal conditions to meet their daily obligations in the local financial market. This algorithm can be used as a tool to monitor intraday liquidity. Leonardo Villar Gómez Governor