Regulation of Over-The-Counter Derivatives: A Comparative Study of Proposals in Singapore and Hong Kong

Author

Chao-hung Christopher CHEN, Singapore Management UniversityFollow

Publication Type

Book Chapter

Version

publishedVersion

Publication Date

2013

Abstract

This chapter identifies some of the potential legal and policy issues involved in the future regulation of over-the-counter (OTC) derivatives. First, regulators must be cautious in the regulation and solvency of some mammoth clearing- houses. Second, Singapore and Hong Kong both face challenges in the areas of global regulatory cooperation and extra-territorial regulatory effects. Third, the exact scope of a clearing obligation determines whether there is any regulatory competition or room for regulatory arbitrage in the future. Fourth, there are legal definition problems with the term ‘derivative’ and its sub-categories that must be addressed. Fifth, there are potential privacy and civil liability issues in relation to trade reporting.

Keywords

derivatives, OTC, clearing, reporting, financial regulation

Discipline

Asian Studies | Commercial Law | Pharmacy and Pharmaceutical Sciences

Research Areas

Corporate, Finance and Securities Law

Publication

International Business Law in the 21st Century: Challenges and Issues in East Asia

Editor

Yao-Ming Hsu and Yuichiro Tsuji

First Page

221

Last Page

242

ISBN

9780957635814

Publisher

National Chengchi University

City or Country

Taipei

Citation

CHEN, Chao-hung Christopher. Regulation of Over-The-Counter Derivatives: A Comparative Study of Proposals in Singapore and Hong Kong. (2013). International Business Law in the 21st Century: Challenges and Issues in East Asia. 221-242.
Available at: https://ink.library.smu.edu.sg/sol_research/1253

Copyright Owner and License

Author

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.

Additional URL

https://worldcat.org/isbn/9780957635814