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A roadmap to gender diversity among Hong Kong boards in the financial market 香港金融市场董事会性别多元化路线图
Q2 Social Sciences Pub Date : 2022-04-03 DOI: 10.1080/17521440.2023.2191788
Tommy C. K. Leung, Heather M. F. Lee, Tony K. F. Chan
ABSTRACT This article discusses the recent extensive reforms on gender diversity rules in Hong Kong and the related possible challenges facing the listed companies and the regulators in implementing the reforms, with reference to those listing measures in the United Kingdom, the United States and the People’s Republic of China, particularly the United Kingdom from which Hong Kong has inherited its legal system. Several listed companies in Hong Kong are also randomly selected as samples for examination to evaluate the effectiveness and limitations of previous reforms on gender diversity launched in Hong Kong. It is suggested that clear, measurable and achievable targets are launched in phases, together with regular reviews and progress disclosures. More detailed guidance and regular communication with issuers on gender diversity should be provided to show strong top-level commitment from regulators/government for a sustainable development for diversity not only on boards but also in senior management and across the wider workforce.
摘要本文以英国、美国和中华人民共和国的上市措施为参考,特别是香港继承了其法律制度的英国的上市措施,讨论了香港最近在性别多样性规则方面的广泛改革,以及上市公司和监管机构在实施改革时可能面临的相关挑战。本研究亦随机选取多家香港上市公司作为样本进行检验,以评估香港以往推行的性别多元化改革的成效及局限性。建议分阶段提出明确、可衡量和可实现的目标,同时定期审查和公布进展情况。应该就性别多样性问题提供更详细的指导,并与发行人定期沟通,以显示监管机构/政府对董事会、高级管理层和更广泛劳动力的可持续发展做出的强有力的高层承诺。
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引用次数: 0
Decentralized Autonomous Organizations (DAOs) under English law 英国法律下的去中心化自治组织(dao)
Q2 Social Sciences Pub Date : 2022-04-03 DOI: 10.1080/17521440.2023.2174814
M. Schillig
ABSTRACT The paper discusses whether and to what extent the key constituencies of a ‘typical’ DAO can be qualified as a partnership under English law. It explores the defining features of a ‘typical’ DAO and its key constituencies; gives a brief overview of the various types of business organisation available under English law; addresses the question of private international partnership law; and then analyses whether the key stakeholder constituencies in a DAO meet the conditions set out in the Partnership Act 1890 for qualifying as a partnership.
摘要:本文讨论了一个“典型”DAO的关键选区是否以及在多大程度上可以作为英国法律下的合伙企业。它探讨了“典型”DAO的定义特征及其关键选区;简要概述了英国法律规定的各类商业组织;处理国际私人合伙法的问题;然后分析DAO中的关键利益相关者选区是否符合《1890年合伙法案》中规定的合伙资格条件。
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引用次数: 4
Is it China’s Lehman Brothers moment? Unveiling Evergrande debt crisis, financial risks, and regulatory implications 这是中国的雷曼兄弟时刻吗?揭露恒大债务危机、金融风险和监管影响
Q2 Social Sciences Pub Date : 2022-04-03 DOI: 10.1080/17521440.2022.2150524
Lerong Lu, A. Keller
ABSTRACT The ongoing Evergrande debt crisis has been widely dubbed as China’s Lehman Brothers moment as the Chinese corporate conglomerate failed to pay interest on its corporate debt worth £228bn. The case of Evergrande reflects the tightly intertwined links between financial markets and the real economy as well as the fragile balance between financial stability and economic growth that policymakers often find difficult to strike. It also exposes the interconnections between financial stability and investor protection and the multifaceted nature of investors both on-shore and off-shore ranging from global banks and asset managers to vulnerable consumers who have spent their lifesaving in pre-sale purchases. The combination of these unique features provides a fruitful ground for exploring the legal and regulatory challenges, in particular with regard to the protection of domestic and offshore financial investors, monitoring risks to financial stability in China and potential spillover effects.
摘要持续的恒大债务危机被广泛称为中国的雷曼兄弟时刻,因为这家中国企业集团未能为其价值2280亿英镑的公司债务支付利息。恒大的案例反映了金融市场与实体经济之间紧密交织的联系,以及金融稳定与经济增长之间脆弱的平衡,而决策者往往难以达成这种平衡。它还暴露了金融稳定和投资者保护之间的相互联系,以及从全球银行和资产管理公司到在预售中度过了救命稻草的弱势消费者等海内外投资者的多面性。这些独特特征的结合为探索法律和监管挑战提供了富有成效的基础,特别是在保护国内外金融投资者、监测中国金融稳定风险和潜在溢出效应方面。
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引用次数: 0
Using distributed ledger technologies for bond issues – a primer 将分布式账本技术用于债券发行——入门
Q2 Social Sciences Pub Date : 2022-04-03 DOI: 10.1080/17521440.2022.2159770
Catarina Saramago
ABSTRACT Distributed ledger technologies (DLTs) are expected to disrupt the corporate finance field by offering a cheaper, quicker and simpler funding alternative for companies, thus playing a relevant role in improving access to the financial markets. This paper seeks to test this premise. Based on information collected from advisors in two transactions completed in the market, the paper compares the process of a traditional international bond issue with one on a DLT platform. The paper clarifies how a DLT-based bond issue is conducted in practice and concludes that such issues are not more affordable or time efficient and are equally complex when compared to a conventional issue. These conclusions are, however, limited in scope due to the case study methodolody adopted. The conclusions may also be impacted by the analysis of legal matters beyond the process of issuance and by the consideration of quantitative data concerning the costs incurred with the issue.
分布式账本技术(dlt)有望通过为公司提供更便宜、更快速、更简单的融资选择来颠覆企业融资领域,从而在改善金融市场准入方面发挥相关作用。本文试图检验这一前提。根据在市场上完成的两笔交易中从顾问那里收集的信息,本文比较了传统国际债券发行与DLT平台上的债券发行过程。该论文阐明了基于dlt的债券发行在实践中是如何进行的,并得出结论认为,与传统发行相比,此类发行并不更经济实惠或更省时,而且同样复杂。然而,由于所采用的个案研究方法,这些结论的范围有限。对发行过程之外的法律事项的分析以及对有关该问题所引起的费用的数量数据的审议也可能影响结论。
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引用次数: 0
Algorithms, credit scoring, and the new proposals of the EU for an AI Act and on a Consumer Credit Directive 算法,信用评分,以及欧盟关于人工智能法案和消费者信贷指令的新提案
Q2 Social Sciences Pub Date : 2021-10-02 DOI: 10.1080/17521440.2023.2168940
G. Spindler
ABSTRACT Credit scoring is one of the main applications of Artificial Intelligence technology in the financial world. However, there are scarcely any regulations which deal with AI. The new proposal of an AI Act of the EU Commission may change this landscape in a significant way. The article deals with the impact of the proposed AI Act regarding credit scoring, considering also existing banking regulation and its overlaps with the proposed AI Act. Finally, the new proposal of a Consumer Credit Directive will be also dealt showing some frictions between the AI Act and the proposed Consumer Credit Directive.
信用评分是人工智能技术在金融领域的主要应用之一。然而,几乎没有任何关于人工智能的规定。欧盟委员会人工智能法案的新提案可能会在很大程度上改变这种局面。本文讨论拟议的人工智能法案对信用评分的影响,同时考虑到现有的银行监管及其与拟议的人工智能法案的重叠。最后,消费者信贷指令的新提案也将处理显示人工智能法案和拟议的消费者信贷指令之间的一些摩擦。
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引用次数: 0
Crowdfunding credit services under the new proposal for a new Directive on Consumer Credits 新消费者信贷指令新提案下的众筹信贷服务
Q2 Social Sciences Pub Date : 2021-10-02 DOI: 10.1080/17521440.2023.2174381
K. Sein
ABSTRACT The article analyses some of the core rules suggested for crowdfunding credit services in the proposal of the new Consumer Credit Directive, concentrating on the information obligations towards consumers, the obligation of creditworthiness assessment, and the newly introduced principle of non-discrimination. It concludes that whereas the suggested rules would help to raise the consumer protection level in the EU, it does not adequately address all the risks created by these services nor provide the consumers borrowing over such platforms with the same level of protection as consumers taking out ‘normal’ consumer credit. Placing information obligations and the obligation to assess consumers’ creditworthiness to crowdfunding credit services providers is justified due to the gatekeeper position of the platforms. The introduction of the non-discrimination principle, however, would create an obligation to contract for the crowdfunding credit services providers and expose them to the risks of litigation in all Member States.
摘要:本文分析了新《消费者信贷指令》提案中对众筹信贷服务提出的一些核心规则,重点是对消费者的信息义务、信用评估义务以及新引入的非歧视原则。它的结论是,尽管建议的规则将有助于提高欧盟的消费者保护水平,但它并没有充分解决这些服务产生的所有风险,也没有为在这些平台上借款的消费者提供与消费者获得“正常”消费信贷相同的保护水平。由于众筹信贷服务平台的看门人地位,将信息义务和消费者信用评估义务置于众筹信贷服务提供商是合理的。然而,不歧视原则的引入将使众筹信贷服务提供者有义务签订合同,并使它们面临在所有会员国被起诉的风险。
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引用次数: 0
Making robo-advisers careful? Duties of care in providing automated financial advice to consumers 让机器人顾问小心?向消费者提供自动理财建议时的注意义务
Q2 Social Sciences Pub Date : 2021-10-02 DOI: 10.1080/17521440.2023.2196027
J. Paterson
ABSTRACT 'Robo-advisers' are digital tools that provide automated, personalised advice to consumers. The uses of robo-advisers, and the sophistication of the technologies behind them, are growing. One field in which robo-advisers have already become prominent is financial services, where they are being used to provide credit, budgeting, insurance and investment advice. Professional advisers are subject to a general law duty of reasonable care, which overlaps with requirements of suitability or best interests commonly imposed under financial services legislation. This article considers how these kinds of duties should be interpreted in applying to financial robo-advisers. It argues that the legal duty of reasonable care for automated financial advice requires regard not only to the risks familiar from human advisers, of self-interested or poorly suited recommendations, but also the risks arising from the use of digital technology in providing advice, including the possibility of misunderstandings in interactions with consumers, and arising from inaccurate, opaque and possibly biased models.
“机器人顾问”是为消费者提供自动化、个性化建议的数字工具。机器人顾问的用途及其背后的技术的复杂性正在增长。机器人顾问已经崭露头角的一个领域是金融服务,它们被用于提供信贷、预算、保险和投资建议。专业顾问须遵守合理注意的一般法律义务,这与金融服务立法通常规定的适当性或最佳利益要求重叠。本文考虑了在应用于金融机器人顾问时应如何解释这些责任。它认为,对自动金融建议的合理注意的法律义务不仅需要考虑人类顾问所熟悉的风险,即自利或不合适的建议,还需要考虑使用数字技术提供建议所产生的风险,包括与消费者互动时产生误解的可能性,以及不准确、不透明和可能存在偏见的模型所产生的风险。
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引用次数: 0
Editorial 社论
Q2 Social Sciences Pub Date : 2021-10-02 DOI: 10.1080/17521440.2023.2214710
G. Howells
On 7–8 July 2022 a group of lawyers gathered in Galway, Ireland, for a roundtable discussion supported by the University of Galway on the Impact of Technology on Consumer Credit and Financial Services. As the title suggests, the matters that were upmost in their mind were the impact of technology on those sectors. The EU Proposal to amend the Directive on Consumer Credits (COM(2021) 347 final) figured large in the discussion from European participants. There were also Australian lawyers round the table. This special issue includes some of the papers presented at that roundtable. The Consumer Credit Directive is still awaiting adoption. Olha Cherednychencko in her paper ‘The proposal for a new EU Consumer Credit Directive: towards responsible lending in the digital age?’ provides a broad overview of how the reformed Consumer Credit Directive will assist promomoting responsible lending. Her assessment is generally favourable, subject to there being effective enforcement. Peter Rott, in ‘Small credits through online platforms’, focuses on small credits, many of which had been excluded under the 2008 Consumer Credit Directive because of the 200 euro threshold. He notes that the reform will enhance protective measures and that national laws can already provide some protection, but this vulnerable group of consumers may need the support of effective collective action mechanisms. Crowdfunding is a novel means of providing credit and yet provision to consumers is excluded from the current EU Crowdfunding Regulation. Karin Sein analyses in ‘Crowdfunding credit services under the new proposal for a directive on consumer credits’ the extent to which the proposed new Consumer Credit Directive will regulate crowdfunding and comments on the justifications for the selective application of measures. She notes that the non-discrimination principle might be problematic if it required loans be made across borders, but is pleased this will most likely not be included in the final Directive. Gerald Spindler uses his paper on ‘Algorithms, credit scoring, and the new proposal of the EU for an AI-Act’ to explore how various EU laws regulate the practice of using algorithms in credit scoring. Whilst these new techniques offer ways to enhance credit scoring they carry with them risks for consumers. Whereas the AI Act will be the main source of substantive regulation other laws will also apply, such as the proposed revised Consumer Credit Directive. A key issue will be the extent to which the trade secrets inherent within the choice of algorithm will be unlocked. Two papers deal with robo-advisers. Reinhard Steennot in ‘Robo advisory services and investor protection’ notes the advantages they might offer to new and young investors who otherwise might have no assistance. However, the assistance they offer should be explained so as the help they can provide is not overstated and they should take steps to be able to provide suitable advice. If unsuitable advice is given them
2022年7月7日至8日,一群律师聚集在爱尔兰戈尔韦,参加由戈尔韦大学支持的关于技术对消费者信贷和金融服务的影响的圆桌讨论。正如标题所示,他们最关心的问题是技术对这些行业的影响。欧盟修改《消费者信贷指令》的提案(COM(2021)347最终版)在欧洲与会者的讨论中占据了重要地位。在座的还有澳大利亚律师。这期特刊包括在圆桌会议上发表的一些论文。《消费者信贷指令》仍在等待通过。Olha Cherednychencko在她的论文《新的欧盟消费者信贷指令提案:在数字时代实现负责任的贷款?》概述了改革后的《消费者信贷指令》将如何帮助促进负责任的贷款。她的评估总体上是有利的,但须有有效的执行。彼得·罗特(Peter Rott)在《通过在线平台的小额信贷》(Small Credit through online platforms)一书中专注于小额信贷,其中许多信贷因200欧元的门槛而被2008年《消费者信贷指令》(Consumer Credit Directive)排除在外。他指出,改革将加强保护措施,国家法律已经可以提供一些保护,但这一弱势消费者群体可能需要有效的集体行动机制的支持。众筹是一种提供信贷的新方式,但向消费者提供信贷被排除在当前的欧盟众筹条例之外。Karin Sein在“消费者信贷指令新提案下的众筹信贷服务”中分析了拟议的新消费者信贷指令将在多大程度上规范众筹,并对选择性应用措施的理由发表了评论。她指出,如果要求跨境贷款,非歧视原则可能会有问题,但很高兴这很可能不会被纳入最终指令。Gerald Spindler利用他关于“算法、信用评分和欧盟对人工智能法案的新提议”的论文,探讨了各种欧盟法律如何规范在信用评分中使用算法的做法。虽然这些新技术提供了提高信用评分的方法,但它们也为消费者带来了风险。尽管《人工智能法》将是实质性法规的主要来源,但其他法律也将适用,例如拟议修订的《消费者信贷指令》。一个关键问题是算法选择中固有的商业秘密将在多大程度上被解锁。有两篇论文是关于机器人顾问的。Reinhard Steennot在“机器人咨询服务和投资者保护”中指出,它们可能会为新投资者和年轻投资者提供优势,否则他们可能得不到帮助。然而,应该解释他们提供的帮助,这样他们可以提供的帮助就不会被夸大,他们应该采取措施提供适当的建议。如果给了他们不合适的建议,应该可以在不必证明算法有缺陷的情况下进行补偿。珍妮·帕特森在《让机器人顾问小心?在向消费者提供自动财务建议时的注意义务,消费者认为这些义务不仅应涵盖人工建议带来的常见风险,还应涵盖与使用技术相关的风险。额外的风险包括自动化交互以及使用不透明且可能有偏见的数据驱动模型。Ian Paterson反思“技术和
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引用次数: 0
Small credit through online platforms 通过网络平台小额信贷
Q2 Social Sciences Pub Date : 2021-10-02 DOI: 10.1080/17521440.2023.2167523
P. Rott
ABSTRACT Small credit through online platforms bears the risk of excessive interest rates, high hidden costs and ruthless debt collection practices. At the EU level, they are partly unregulated, whereas Member States have taken specific measures to manage the risk or avail of general concepts of law that can be applied to small credit. Using specific credit offers for the sake of illustration, this article flags up relevant problems with small credit and current approaches to solve them. It also considers the current reform of the Consumer Credit Directive, which is expected to be adopted in 2023, and its potential effect on small credit providers. It concludes that substantive law already offers reasonable protection, and it will improve with the new Consumer Credit Directive, although there is much legal uncertainty in many usury laws. There is, however, a serious enforcement problem that allows dubious lenders to apply unlawful practices.
网络平台小额信贷存在利率过高、隐性成本高、催收残酷等风险。在欧盟一级,它们在一定程度上是不受管制的,而成员国已采取具体措施来管理风险或利用可适用于小额信贷的一般法律概念。本文以具体的信贷项目为例,指出小额信贷存在的相关问题以及目前解决这些问题的方法。它还考虑了预计将于2023年通过的《消费者信贷指令》(Consumer Credit Directive)的当前改革,以及它对小额信贷提供者的潜在影响。它的结论是,实体法已经提供了合理的保护,它将随着新的消费者信贷指令而改善,尽管在许多高利贷法律中存在许多法律不确定性。然而,存在一个严重的执法问题,使得可疑的贷款机构得以采取非法做法。
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引用次数: 0
Technology and the future of the retail bond markets – an Australian perspective 技术与零售债券市场的未来——澳大利亚视角
Q2 Social Sciences Pub Date : 2021-10-02 DOI: 10.1080/17521440.2023.2167524
I. Paterson
ABSTRACT Debt capital markets may provide useful investment opportunities for retail investors. Technological developments will continue to shape how those markets are intermediated and pose questions as to how they should best be regulated. The article considers the role of technology in reducing risks inherent in debt markets and how it might be applied to maintaining or improving existing standards for the benefit of investors in the context of Australian law.
摘要债务资本市场可能为散户投资者提供有用的投资机会。技术发展将继续影响这些市场的中介方式,并提出如何最好地监管这些市场的问题。这篇文章考虑了技术在降低债务市场固有风险方面的作用,以及如何在澳大利亚法律的背景下将其应用于维护或改进现有标准,以造福投资者。
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引用次数: 0
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Law and Financial Markets Review
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