Alternative Investment Markets under Criticism: Reasons to be Worried? Lessons from Gowex

IF 2 Q1 LAW Journal of Financial Regulation Pub Date : 2015-03-01 DOI:10.1093/JFR/FJU008
A. Martínez
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引用次数: 7

Abstract

The recent financial scandal of Gowex in the Spanish Alternative Investment Market (MAB) has reopened the debate about the dangers of lightly regulated markets and their optimal level of regulation. This article argues that Gowex’s collapse was not a failure of these markets but a failure of the gatekeepers in charge of overseeing Gowex’s activities. Therefore, we propose that regulators should focus on providing mechanisms to encourage gatekeepers to do their work in an effective and credible way. Namely, we propose that regulators should enhance the role and effectiveness of Nominated Advisers, since these players have been created precisely for the purpose of compensating for the lower level of information issued by companies in these markets. Likewise, when it is not currently applicable in an Alternative Investment Market, regulators should also consider the possibility of implementing some—relatively costless—corporate governance policies applied in Main Markets such as the imposition of independent directors. Thus, by mitigating perverse incentives between directors and executive officers, the board of directors would be in a better position to oversee the managers. Finally, we also argue that regulators should improve the reputation and expertise of their own financial authorities, especially in cases of relatively new Alternative Investment Markets such as the Spanish MAB. Otherwise, they will not create a safe environment for investors; the efforts to preserve the Alternative Investment Market might be useless and costly; and the most likely end for this market would be its closure, as was the case with Germany's Neuer Markt after its reputation was severely damaged as a result of various cases of fraud and corporate bankruptcies in the aftermath of the high-tech bubble.
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另类投资市场饱受批评:有理由担心吗?Gowex的教训
最近发生在西班牙另类投资市场(MAB)的Gowex金融丑闻重新引发了关于监管宽松的市场及其最佳监管水平的危险的辩论。本文认为,Gowex的倒闭不是这些市场的失败,而是负责监督Gowex活动的看门人的失败。因此,我们建议监管机构应专注于提供机制,以鼓励看门人以有效和可信的方式开展工作。也就是说,我们建议监管机构应该加强提名顾问的作用和有效性,因为这些参与者的创建正是为了补偿这些市场中公司发布的较低水平的信息。同样,当它目前不适用于另类投资市场时,监管机构还应考虑实施一些在主要市场适用的成本相对较低的公司治理政策的可能性,例如强加独立董事。因此,通过减轻董事和高管之间的不当激励,董事会将处于更好的位置来监督经理。最后,我们还认为,监管机构应提高本国金融当局的声誉和专业知识,特别是在相对较新的另类投资市场(如西班牙MAB)的情况下。否则,他们不会为投资者创造一个安全的环境;保护另类投资市场的努力可能是无用的,而且代价高昂;这个市场最有可能的结局是关闭,就像德国的Neuer市场一样,在高科技泡沫破灭后,由于各种欺诈和企业破产的案件,Neuer市场的声誉严重受损。
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来源期刊
CiteScore
5.60
自引率
3.80%
发文量
12
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