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Will Canada Step Up? Improving Enforcement In The Canadian Capital Markets, Poonam Puri Jul 2016

Will Canada Step Up? Improving Enforcement In The Canadian Capital Markets, Poonam Puri

Poonam Puri

The article offers information on a final report on Canadian securities laws released by the Task Force to Modernize Securities Legislation in October 2006. One study found that the cost of equity capital is 25 basis points higher in Canada than in the U.S. It cites the potential for strong enforcement of securities laws to enhance the credibility of the capital markets. The recommendations of the task force on the investigation and adjudication of capital market offenses are enumerated.


Taking Stock Of Taking Stock, Poonam Puri Jul 2016

Taking Stock Of Taking Stock, Poonam Puri

Poonam Puri

No abstract provided.


Proportionate Liability Under The Cbca In The Context Of Recent Corporate Governance Reform: Canadian Auditors In The Wrong Place At The Wrong Time?, Poonam Puri, Stephanie Ben-Ishai Jul 2016

Proportionate Liability Under The Cbca In The Context Of Recent Corporate Governance Reform: Canadian Auditors In The Wrong Place At The Wrong Time?, Poonam Puri, Stephanie Ben-Ishai

Poonam Puri

In the recent Canada Business Corporations Act' amendments implementing a proportionate liability scheme, auditors appear to be winners. This is consistent with the trend in the past several years as a result of which Canadian auditors have been successful in narrowing the scope of their liability both through legislation and through common law. Going forward, however, it is fair to say that auditors will be losers unless the accounting profession re-evaluates its role and responsibilities to its stakeholders. Given the accounting and corporate governance scandals North America has witnessed in the past few years, as well as the actual and …


The Capital Markets Perspective On A National Securities Regulator, Poonam Puri Jul 2016

The Capital Markets Perspective On A National Securities Regulator, Poonam Puri

Poonam Puri

The purpose of this paper is to provide an empirical foundation from a capital markets perspective to ground the discussion and analysis on the constitutionality of a national securities regulator. Based on the data, the case for a national securities regulator for Canada is more evident now than it has ever been. This paper first explores the academic and empirical literature on the relationship between regulation and the strength of that jurisdiction’s capital markets, as measured by the cost of capital, liquidity and investor protection. Studies have found that Canadian companies have a higher cost of capital than their U.S. …


The Role Of Corporate Governance In Curbing Foreign Corrupt Business Practices, Poonam Puri, Andrew Nichol Jul 2016

The Role Of Corporate Governance In Curbing Foreign Corrupt Business Practices, Poonam Puri, Andrew Nichol

Poonam Puri

The role of corporate and securities laws in addressing foreign corrupt business practices has, to date, received limited consideration. Departing from the substantial literature on the criminal and public law response to international corruption, the authors analyze Canada’s Corruption of Foreign Public Officials Act in comparison with British and American legislation and conclude that the Canadian regime relies too heavily on the use of criminal sanctions and fails to contemplate the role of behaviour modification in its legislative structure. Recognizing that multinational corporations are well placed to identify, expose and prevent corrupt business practices, the authors propose a private law …


Legal Origins, Investor Protection, And Canada, Poonam Puri Jul 2016

Legal Origins, Investor Protection, And Canada, Poonam Puri

Poonam Puri

No abstract provided.