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Legal and administrative aspects of stock market regulation. Elements of compared law


Author: Ion Iova
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2007
Scientific adviser: Andrei Guştiuc
doctor, associate professor (docent)
Institution:
Scientific council:

Status

The thesis was presented on the 26 April, 2007
Approved by NCAA on the 14 June, 2007

Abstract

Adobe PDF document0.57 Mb / in romanian

Thesis

CZU 347.73 (043.3)

Adobe PDF document 1.09 Mb / in romanian
226 pages


Keywords

National Securities Board, regulation, control, deregulation, mega-regulator, stock market, Stock Exchange, International Organisation of Securities Regulators, European capital market, capital market instruments, National Bank of Moldova, National Bank of Romania, stock index, professional participants of the capital market, investment funds, exchange market, off-exchange market, securities, obligations, issuance of securities, directives of the European Union, bodies for collective investment in securities

Summary

This work is dedicated to a fundamental subject of the capital market, namely regulation and control of the stock market by the central state body, authorized to perform such activity. Credibility is this scientific research is ensured by fulfillment of analysis of the compared law and practice of legal and administrative regulation of the capital market.

Topicality of the research subject also arises from the main goal presently set before the science of law for purpose of resolution of the issue of effective regulation of the capital market.

This paper contains a synthesis of theoretical and practical and applied issues, and lays out some the freshest ideas related to legal and administrative regulation of the stock market.

This paper contains an attempt to enlighten some existing problems in qualification of the capital market control function by various regulatory bodies in the territory of the Union and the U.S., and in particular by the National Securities Board, in the Republic of Moldova and Romania.

Creation of a relatively perfect system for regulation and control of the capital market by competent authorities allows establishing some exact rules of activity for all professional participants of the capital market and eventually it will revitalize the stock market and allow to bring foreign investments to the Republic of Moldova and Romania.

In this context, this work describes such notions as: National Securities Board, regulation, control, deregulation, mega-regulator, stock market, European capital market, directives of the European Union, etc.

The main idea reflected in the contents of this work is that the National Securities Board in the Republic of Moldova and Romania has a decisive role in regulation and control of the securities market, while this issue contains some reservations. As for the Republic of Moldova, this work contains an examination and a research from the scientific point of view of the utility of creation of a single mega-regulatory body for regulation of financial market and capital markets. The subject is the so-called “mega-regulator”.

Explanation of the legal content of these particularities uses a number of specialized sources in the Republic of Moldova, Romania, European Union and the U.S.

This paper contains a number of conclusions dedicated to improvement of the situation in the capital market. Taking into consideration integration into the European Union also attended by the Republic of Moldova, NSB must come up with proposal to change the legislation on capital market to another one of an apparent European nature.

In general, conclusions made in the final part of this work are related to interpretation and legislation as well.

Results of this work can be used for any possible changes in the legislation, and a study material for specialists in law, including non-lawyers, operating in the securities market.