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University of Wollongong

Faculty of Law - Papers (Archive)

2005

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Adoption Of The Disclosure-Based Regulation For Investor Protection In The Primary Share Market In Bangladesh: Putting The Cart Before The Horse?, S M. Solaiman Jan 2005

Adoption Of The Disclosure-Based Regulation For Investor Protection In The Primary Share Market In Bangladesh: Putting The Cart Before The Horse?, S M. Solaiman

Faculty of Law - Papers (Archive)

The Bangladesh securities market, despite ifs operation of half of a century, remains in embryonic form. The market has been suffering from a chronic lack of investor confidence since 1997 following an unprecedented share scam. Ever since, the government has been striving in vain to promote investment by progressively offering incentives to investors and corporations. The government watchdog unexpectedly introduced the Disclosure-Based Regulation (DBR) in January 1999 to protect investors from the misfeasance of other players in the market for Initial Public Offerings. Recent studies have identified some problems in the market, which are unfavourable for the new regime. In …


Investor Protection And Judicial Enforcement Of Disclosure Regime In Bangladesh: A Critique, Sheikh M. Solaiman Jan 2005

Investor Protection And Judicial Enforcement Of Disclosure Regime In Bangladesh: A Critique, Sheikh M. Solaiman

Faculty of Law - Papers (Archive)

The effectiveness of any law largely depends on the clarity of legal provisions and the activity of their enforcement institutions. Securities law, which is inherently complex, must be unambiguous to be properly applied. Judges and lawyers dealing with securities litigation need to be trained properly to provide justice for the public. Laws governing initial public offerings in Bangladesh are ambiguous in many respects, and the judiciary lacks judges and lawyers sufficiently experienced in this area of law. As a result, judicial enforcement of disclosure requirements in prospectuses appears to have been a difficult task. The administrative enforcement of those requirements …