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2007

Comparative Law

Cristie L. Ford

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New Governance, Compliance, And Principles-Based Securities Regulation, Cristie L. Ford Mar 2007

New Governance, Compliance, And Principles-Based Securities Regulation, Cristie L. Ford

Cristie L. Ford

The UK securities regulator, the Financial Services Authority, claims that its "principles-based" approach to securities regulation is simply "better" than what it characterizes as the prescriptive, rules-based American approach. The striking shift in financial sector business from New York to London over the last two years has brought the question of the wisdom of principles-based regulation into sharp relief. In fact, an FSA-style regulatory approach may also be taking hold in Canada, through the agency of the province of British Columbia. This paper examines BC's innovative proposals for a principles-based securities regime through the lens of New Governance theory. I …