financial innovation and governance mechanisms: the development of decoupling and transparency Henry T.C Hu; 70(2): 347-406 (Spring 2015) Financial innovation has a fundamental impact on key content- and information-based corporate governance mechanisms. “Decoupling” undermines traditional conceptions of the distribution of voting rights among shareholders (e.g.B. on “empty voting rights”), creditor control rights (e.g. B on “empty credit” and “hidden interest” or “hidden interest”) and acquisition practices (e.g. B on “morphable ownership”, in order to avoid disclosure under Article 13(d) and to avoid triggering certain toxic pills). Share-based remuneration, management performance monitoring, the corporate control market and other governance mechanisms, which depend on a strong information system and market efficiency, are undermined by the transparency challenges arising from financial innovation. The basic approach to information that the SEC has always used – the descriptive mode, which relies on “intermediate representations” of objective reality, is clearly insufficient to capture very complex objective realities, such as the realities of large banks, which have a lot to do with derivatives. Ironically, the government`s primary response to these transparency challenges — a new disclosure system that went into effect in 2013, the first since the SEC`s inception — also creates difficulties. This new parallel disclosure system, developed by banking supervisors and applicable to large financial institutions, is not primarily aimed at known transparency in terms of investor protection and market efficiency. As a starting point, this article provides a brief overview of: (1) the “decoupling” analytical framework developed in 2006-2008 and its demands for reform; and (2) the analytical framework developed in 2012-2014 to redesign “information” with respect to three “modes” and address the two parallel worlds of disclosure. With regard to decoupling, the article analyses some important developments after 2008 (including the state of play of reform efforts) and the way forward.
A detailed analysis of TELUS` December 2012 pioneering opinion before the Supreme Court of British Columbia, which contains perhaps the most complex public example of decoupling to date. This article examines recent judicial and legislative actions in Delaware, the European Union, and bankruptcy courts — and the urgent need for further SEC action. .
Under the terms of the plea agreement, the guidelines for conviction at the federal level provide for a sentence of 121 to 151 months, but prosecutors have agreed to recommend a lighter sentence if he cooperates fully and truthfully with the federal investigation. The former senator admitted to “undertaking corrupt activities with other officials and accepting money from others, in exchange for using his position as a senator from the state of Ilinois to try to serve these people and their business interests,” the plea said. During the same meeting, the SafeSpeed Sandoval representative asked how much he had to be paid, but Sandoval told him, “I can`t say. It should come from you. It`s just not my style,” the plea says. “Somehow, but not obvious,” Sandoval said according to the agreement to the company`s agent, without knowing that the person was working with investigators. The Plea Deal only identifies the red light company as “Company A,” but Sandoval himself later revealed that the company he helped was SafeSpeed, which operates red camera systems in several suburbs. Also for the first time at the court hearing in downtown Chicago on Tuesday, Judge Andrea Wood suggested that Sandovaal`s pleading agreement was a courtesy of collaboration with federal prosecutors. Sandoval`s admission of guilt is the first conviction resulting from a series of high-level federal raids last year, targeting several Springfield insiders, including Sandoval and lobbyist Michael McClain, a longtime confidant of Democratic House speaker Michael Madigan. Sandovalen`s admission of guilt at Dirksen U.S. Courthouse in downtown Chicago came just a day after his indictment. He also pleaded guilty to filing a false income tax return, which underestimates his income in 2017, at $US 125,905, when he actually did more than double, according to the plea deal. Sandoval failed to report more than $10,000 from criminal activity, prosecutors said.
Months later, Sandoval also arranged monthly payments of $5,000 by the safeSpeed representative, according to the Plea agreement. Sandoval initially insisted that CW-1 had to decide how much to pay for protection and said the mention of numbers was “just not my style,” according to the plea agreement. Sandoval, a Democrat of Cicero, admitted to accepting a quarter of a million dollars in bribes. While it`s unclear where most of it came from, the Plea deal describes how Sandoval used his position as chairman of the Senate Transportation Committee to protect and advance the red camera industry. At a rare press conference after Sandovaal`s plea, Lausch said the investigation into official corruption was “far from over” and begged those aware of any misconduct to come forward and cooperate. It was remarkable because Lausch decided to stay behind the scenes, as some of the high-level accusations played out last year.