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The Crowdfunding Regulation: Opportunities for Debt Fund Managers 众筹监管:债务基金经理的机会
Pub Date : 2021-04-09 DOI: 10.2139/ssrn.3822983
Sebastiaan Niels Hooghiemstra
European banking law restrictions have so far prevented “alternative lending solutions”, such as debt funds and crowdlending platforms, to operate on a Pan-European scale. Consequently, crowdlending platforms currently do not benefit from a European passport and are restricted in attracting investors and projects on a cross-border basis. Regulation (EU) 2020/1503 (the “CFR”), which will enter into force in November 2021, will change this. As debt funds face similar restrictions in originating loans on a Pan-European basis, this contribution analyzes the opportunities for debt funds and their alternative investment fund managers (“AIFMs”) offered by the CFR.
迄今为止,欧洲银行法的限制阻止了债务基金和众筹平台等“替代贷款解决方案”在泛欧范围内运作。因此,众筹平台目前不能从欧洲护照中受益,并且在吸引跨境投资者和项目方面受到限制。将于2021年11月生效的法规(EU) 2020/1503(“CFR”)将改变这一点。由于债务基金在泛欧基础上发起贷款面临类似的限制,本贡献分析了CFR为债务基金及其另类投资基金经理(“AIFMs”)提供的机会。
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引用次数: 0
The Neutrality Pyramid: A Policy Framework to Distribute Power Over the Net 中立金字塔:在网络上分配权力的政策框架
Pub Date : 2021-03-11 DOI: 10.2139/ssrn.3802263
Juan Ortiz Freuler
The internet used to be considered as a catalyst of positive social change. Yet such claims have become rare. Structured as a document for action in four steps, this report seeks to provide a rough compass for those trying to understand the underlying causes of much of what is problematic with the internet and the web today. I argue that paying attention to who shapes internet traffic (and how) is crucial. It will allow us to understand the connection between issues often considered unrelated (such as net neutrality and misinformation), as well as to anticipate challenges that are yet to emerge.

Step 1: Understanding the context: How the internet came to be seated on the defendant’s bench.
Here I describe how the inventors and developers of the internet and the web upheld the principle of decentralization to ensure the network was robust in the face of failure, and how this sparked hope for systematically excluded groups that had long been marginalized from public debate. I then describe four types of problems for which the web is often considered responsible, and explain the subset of these that I believe can be resolved through digital policies, narrowing the scope of this report to the issue of centralization.

Step 2: Understanding the present and future risks triggered by a centralized information system.
Here I describe how the internet and the web have been centralized. I explain how, given the characteristics of the process of centralization, the ongoing deployment of connected devices (also known as internet of things), as well as the growing developments in the fields of augmented reality and virtual reality are likely going to fuel the process of centralization further. Lastly, focusing on search and person-to-person communications, I explore the types of risks centralization poses to the present and future of our political system.

Step 3: Deploying the Neutrality Pyramid framework in order to redistribute power.
Here I present the Neutrality Pyramid, a framework around which we can rally to neutralize the process of centralization and reduce the scope of power of the incumbent gatekeepers. After explaining how and why the framework builds upon and extends the definition of net neutrality to other layers of the stack, I describe the technological, regulatory and activist actions taking place around the globe to forward and enforce the principles of net neutrality, device neutrality, platform neutrality and personal control over personal data.

Step 4: Enabling robust public deliberation towards a positive agenda.
I go beyond negative actions and explain how the Neutrality Pyramid can enable the development of a positive agenda. I explain that even though the neutrality principle presupposes a hands-off approach, it does include a set of exceptions enshrined by law. I argue that we should leverage the process of defining such exceptions as a means to ensure the institutions of democracy play a rol
互联网曾经被认为是积极社会变革的催化剂。然而,这样的说法已经很少见了。这份报告分为四个步骤,旨在为那些试图理解当今互联网和网络问题的根本原因的人提供一个粗略的指南。我认为关注谁塑造了互联网流量(以及如何塑造)是至关重要的。它将使我们了解通常被认为不相关的问题(如网络中立性和错误信息)之间的联系,以及预测尚未出现的挑战。第一步:理解背景:互联网是如何坐在被告席上的。在这里,我描述了互联网和网络的发明者和开发者是如何坚持去中心化的原则,以确保网络在面对失败时仍然强大,以及这如何为长期被排除在公共辩论之外的系统排斥群体带来了希望。然后,我描述了网络通常被认为是负责任的四种类型的问题,并解释了我认为可以通过数字政策解决的这些问题的子集,将本报告的范围缩小到集中问题。第二步:了解集中式信息系统引发的当前和未来风险。在这里,我描述了互联网和网络是如何被集中起来的。我解释了鉴于集中化过程的特点,连接设备(也称为物联网)的持续部署,以及增强现实和虚拟现实领域的不断发展,如何可能进一步推动集中化过程。最后,聚焦于搜索和人与人之间的交流,我探讨了集中化对我们政治制度的现在和未来构成的风险类型。步骤3:部署中立金字塔框架,以便重新分配权力。在这里,我提出了中立金字塔,这是一个框架,我们可以围绕它团结起来,以中和集权的过程,并减少现任看门人的权力范围。在解释了框架如何以及为什么建立在网络中立性的定义之上并将其扩展到堆栈的其他层之后,我描述了全球范围内正在发生的技术,监管和激进行动,以转发和执行网络中立性,设备中立性,平台中立性和个人控制个人数据的原则。第四步:促使公众对积极议程进行积极的审议。我将超越消极行为,解释中立金字塔如何能够推动积极议程的发展。我解释说,尽管中立原则以不干涉的方式为前提,但它确实包括法律规定的一系列例外情况。我认为,我们应该利用定义这些例外的过程,作为确保民主制度在指导互联网发展过程中发挥作用的一种手段,我还提出了一些政府官员需要提出的关键问题。本节接着讨论公共基础设施和服务的发展,以此将民主制度融入日益增长的数字领域。在结束语中,我概述了政府和全球治理机构被削弱的背景,即将进行的关于数字政策的辩论将在此背景下进行,以及带有军国主义色彩的冷战话语在此背景下构成的挑战。
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引用次数: 1
Corporate Venture Capital 企业风险投资
Pub Date : 2021-01-06 DOI: 10.1007/3-7908-1603-5_13
Darian M. Ibrahim
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引用次数: 17
Know Your Clients' Behaviours: A Cluster Analysis of Financial Transactions 了解客户行为:金融交易聚类分析
Pub Date : 2020-05-07 DOI: 10.3390/jrfm14020050
John R.J. Thompson, Longlong Feng, R. Reesor, Chuck Grace
In Canada, financial advisors and dealers are required by provincial securities commissions and self-regulatory organizations—charged with direct regulation over investment dealers and mutual fund dealers—to respectively collect and maintain know your client (KYC) information, such as their age or risk tolerance, for investor accounts. With this information, investors, under their advisor’s guidance, make decisions on their investments that are presumed to be beneficial to their investment goals. Our unique dataset is provided by a financial investment dealer with over 50,000 accounts for over 23,000 clients covering the period from January 1st to August 12th 2019. We use a modified behavioral finance recency, frequency, monetary model for engineering features that quantify investor behaviours, and unsupervised machine learning clustering algorithms to find groups of investors that behave similarly. We show that the KYC information—such as gender, residence region, and marital status—does not explain client behaviours, whereas eight variables for trade and transaction frequency and volume are most informative. Hence, our results should encourage financial regulators and advisors to use more advanced metrics to better understand and predict investor behaviours.
在加拿大,负责直接监管投资交易商和共同基金交易商的省级证券委员会和自律组织要求金融顾问和交易商分别收集和保存投资者账户的 "了解你的客户"(KYC)信息,如年龄或风险承受能力。有了这些信息,投资者就可以在其顾问的指导下做出对其投资目标有利的投资决策。我们的独特数据集由一家金融投资交易商提供,该交易商拥有 23,000 多名客户的 50,000 多个账户,时间跨度为 2019 年 1 月 1 日至 8 月 12 日。我们使用修改后的行为金融复发性、频率、货币模型来量化投资者行为的工程特征,并使用无监督机器学习聚类算法来寻找行为相似的投资者群体。我们的研究表明,KYC 信息(如性别、居住地区和婚姻状况)并不能解释客户的行为,而交易频率和交易量等八个变量则最能说明问题。因此,我们的研究结果应鼓励金融监管机构和顾问使用更先进的指标来更好地理解和预测投资者的行为。
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引用次数: 8
Know Your Clients' Behaviours: A Cluster Analysis of Financial Transactions 了解客户行为:金融交易的聚类分析
Pub Date : 2020-05-07 DOI: 10.2139/ssrn.3595433
John R.J. Thompson, Longlong Feng, R. Reesor, Chuck Grace
In Canada, financial advisors and dealers are required by provincial securities commissions and self-regulatory organizations—charged with direct regulation over investment dealers and mutual fund dealers—to respectively collect and maintain know your client (KYC) information, such as their age or risk tolerance, for investor accounts. With this information, investors, under their advisor’s guidance, make decisions on their investments that are presumed to be beneficial to their investment goals. Our unique dataset is provided by a financial investment dealer with over 50,000 accounts for over 23,000 clients covering the period from January 1st to August 12th 2019. We use a modified behavioral finance recency, frequency, monetary model for engineering features that quantify investor behaviours, and unsupervised machine learning clustering algorithms to find groups of investors that behave similarly. We show that the KYC information—such as gender, residence region, and marital status—does not explain client behaviours, whereas eight variables for trade and transaction frequency and volume are most informative. Hence, our results should encourage financial regulators and advisors to use more advanced metrics to better understand and predict investor behaviours.
在加拿大,负责直接监管投资交易商和共同基金交易商的省级证券委员会和自律组织要求财务顾问和交易商分别收集和维护了解客户(KYC)信息,例如投资者账户的年龄或风险承受能力。有了这些信息,投资者在他们的顾问的指导下,对他们的投资做出有利于他们的投资目标的决定。我们独特的数据集由一家金融投资交易商提供,该交易商拥有超过50,000个账户,超过23,000个客户,涵盖时间为2019年1月1日至8月12日。我们使用改进的行为金融学近因、频率、货币模型来量化投资者行为的工程特征,并使用无监督机器学习聚类算法来找到行为相似的投资者群体。我们表明,KYC信息(如性别、居住地和婚姻状况)并不能解释客户行为,而交易、交易频率和交易量的八个变量是最具信息量的。因此,我们的研究结果应该鼓励金融监管机构和顾问使用更先进的指标来更好地理解和预测投资者的行为。
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引用次数: 9
A Theory of Entrepreneurship and Institutional Uncertainty 企业家精神与制度不确定性理论
Pub Date : 2017-09-01 DOI: 10.1016/J.JBUSVENT.2017.05.006
Per L. Bylund, Matthew McCaffrey
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引用次数: 195
Book Review: Regulating Code: Good Governance and Better Regulation in the Information Age 书评:《规范代码:信息时代的良好治理和更好的监管》
Pub Date : 2013-12-04 DOI: 10.7892/BORIS.51583
Mira Burri
Digital technologies have profoundly changed not only the ways we create, distribute, access, use and re-use information but also many of the governance structures we had in place. Overall, "older" institutions at all governance levels have grappled and often failed to master the multi-faceted and multi-directional issues of the Internet. Regulatory entrepreneurs have yet to discover and fully mobilize the potential of digital technologies as an influential factor impacting upon the regulability of the environment and as a potential regulatory tool in themselves. At the same time, we have seen a deterioration of some public spaces and lower prioritization of public objectives, when strong private commercial interests are at play, such as most tellingly in the field of copyright. Less tangibly, private ordering has taken hold and captured through contracts spaces, previously regulated by public law. Code embedded in technology often replaces law. Non-state action has in general proliferated and put serious pressure upon conventional state-centered, command-and-control models.Under the conditions of this "messy" governance, the provision of key public goods, such as freedom of information, has been made difficult or is indeed jeopardized.The grand question is how can we navigate this complex multi-actor, multi-issue space and secure the attainment of fundamental public interest objectives. This is also the question that Ian Brown and Chris Marsden seek to answer with their book, Regulating Code, as recently published under the "Information Revolution and Global Politics" series of MIT Press.This book review critically assesses the bold effort by Brown and Marsden.
数字技术不仅深刻地改变了我们创造、分发、访问、使用和重用信息的方式,也改变了我们现有的许多治理结构。总体而言,各级政府的“老”机构都在努力应对互联网的多面性和多方位问题,但往往未能掌握这些问题。监管企业家尚未发现并充分调动数字技术的潜力,将其作为影响环境可监管性的一个影响因素,并将其本身作为一种潜在的监管工具。与此同时,当强大的私人商业利益在发挥作用时,我们看到一些公共空间的恶化和公共目标的优先级降低,比如在版权领域。不那么明显的是,私人订单已经通过合同空间占据了一席之地,而这些空间以前是由公法监管的。嵌入技术的代码常常取代法律。非国家行动总体上激增,并对传统的以国家为中心的指挥控制模式造成了严重压力。在这种“混乱”的治理条件下,信息自由等关键公共产品的提供变得困难,甚至受到了损害。大问题是我们如何驾驭这个复杂的多主体、多议题的空间,确保实现基本的公共利益目标。这也是伊恩•布朗(Ian Brown)和克里斯•马斯登(Chris Marsden)在他们的著作《规范代码》(Regulating Code)中试图回答的问题,该书最近在麻省理工学院出版社(MIT Press)的“信息革命与全球政治”系列中出版。这篇书评批判性地评价了布朗和马斯登的大胆努力。
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引用次数: 0
The Crowd Funding Business Bonanza for Lawyers, Accountants and Consultants: Professional Business Advisors about to Surf a Financial Tsunami of New Crowd Funding Business 律师、会计师和顾问的众筹业务财源:专业商业顾问即将掀起新众筹业务的金融海啸
Pub Date : 2013-04-11 DOI: 10.2139/ssrn.2248729
Laurie Thomas Vass
Prior to his death, Wassily Leontief, the Father of Input-Output economics, had been working on a modification of his econometric model to make it more applicable as a tool for investigating the impact of capital investments made in one sector on the rest of the entire economy. In his last published modification of his earlier celebrated article, The Economy as a Circular Flow, (Structural Change and Economic Dynamics, Volume 2, Issue 1, June 1991, Pages 181-212), Leontief was using the model to visualize market relationships between capital and the rest of the economy. His starting point for the new treatment was to “close” his matrix of capital coefficients away from the rest of the model of the economy in order to investigate the effects of changing the magnitude of capital investments at any point in time.
投入产出经济学之父瓦西里·莱昂惕夫(Wassily Leontief)在去世前一直致力于修改他的计量经济学模型,以使其更适用于研究一个部门的资本投资对整个经济的其他部分的影响。在他最近发表的对他早期著名文章《作为循环流动的经济》(《结构变化与经济动力学》,第2卷,第1期,1991年6月,第181-212页)的修改中,莱昂惕夫使用该模型来可视化资本和经济其他部分之间的市场关系。他提出这种新方法的出发点是,将他的资本系数矩阵与经济模型的其余部分“封闭”起来,以便研究在任何时间点改变资本投资规模的影响。
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引用次数: 0
The Regulatory Turn in IP 知识产权的监管转向
Pub Date : 2012-11-01 DOI: 10.31235/osf.io/nm9sj
Mark A. Lemley
We don’t want a "Mother, may I?" regulatory regime for innovation. A regulatory regime that requires permission to enter the market or develop a new product is a problem for innovation because it relies on the government, not the innovator, to decide the course of innovation. Giving private entities "Mother, may I?" control over entry is no better; while market competition is efficient, private decisions by a single actor controlling a market generally aren't.Unfortunately, IP law increasingly looks like a regulatory regime, not a common law mechanism for internalizing social costs. The Copyright Act has more and more regulatory characteristics, and copyright owners increasingly seek to put the government in the position of having to approve new media technologies. Patent law too seems to impose entry barriers, not just in the pharmaceutical and biotechnology industries, where government regulation expressly prevents entry, but also in the costs patent enforcement imposes on start-ups in the software industry. The turn towards regulatory IP does not bode well for innovation and competition.
我们不想要一个“妈妈,我可以吗?”的监管制度来促进创新。进入市场或开发新产品需要获得许可的监管制度对创新来说是一个问题,因为它依赖于政府,而不是创新者,来决定创新的进程。给私人实体“妈妈,我可以吗?”的准入权也好不到哪里去;虽然市场竞争是有效的,但单个参与者控制市场的私人决策通常不是。不幸的是,知识产权法越来越像一种监管制度,而不是将社会成本内部化的普通法机制。《版权法》具有越来越多的监管特征,版权所有者越来越多地寻求将政府置于必须批准新媒体技术的位置。专利法似乎也设置了进入壁垒,不仅是在制药和生物技术行业(政府法规明确禁止进入),而且在专利执法给软件行业初创企业带来的成本方面也是如此。转向监管知识产权对创新和竞争来说不是好兆头。
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引用次数: 4
Starting a Business in Italy: Recent Reforms to Cut Time and Costs 在意大利创业:最近的改革减少了时间和成本
Pub Date : 2011-11-16 DOI: 10.2139/SSRN.2023139
Roberta Occhilupo
Regulatory complexity and bureaucracy inefficiencies increase the time needed and the cost of starting a business and therefore reduce the competitiveness of a country. Since the early 1990s Italy, in the same way as other developed countries, has tried to introduce some reforms to boost the efficiency of public administration and reduce administrative burdens. The results have been limited. In 2010 two new reforms were introduced. The first allows an entrepreneur to start a business by electronically filing a form (named SCIA, Segnalazione Certificata di Inizio Attivita) he declaring that the firm complies with all the legal requirements. The SCIA replaces the ex ante with ex post public administration controls. The second reform improves the local one-stop-shops regulation (the SUAP, Sportello Unico per le Attivita Produttive). This paper evaluates the effectiveness of the two reforms. The time required and the cost of starting a business can be effectively reduced only if the administrative simplification tools are coupled with other reforms that eliminate unnecessary regulatory barriers, rationalize regulation, and reorganize the public administration.
监管的复杂性和官僚主义的低效增加了开办企业所需的时间和成本,从而降低了一个国家的竞争力。自1990年代初以来,意大利同其他发达国家一样,努力推行一些改革,以提高公共行政的效率和减轻行政负担。结果是有限的。2010年出台了两项新的改革。第一个允许企业家通过电子提交一份表格(名为SCIA, Segnalazione Certificata di Inizio Attivita)来开始创业,声明该公司符合所有法律要求。SCIA用事后公共管理控制取代事前公共管理控制。第二项改革改善了当地一站式商店的监管(SUAP, Sportello Unico per le atitivita productive)。本文对这两项改革的效果进行了评价。只有将行政简化工具与其他改革相结合,消除不必要的监管障碍,理顺监管,重组公共管理,才能有效降低开办企业所需的时间和成本。
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引用次数: 0
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ERPN: Regulation (Other) (Sub-Topic)
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