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Regulation of Over-The-Counter Derivatives: A Comparative Study of Proposals in Singapore and Hong Kong
International Business Law in the 21st Century: Challenges and Issues in East Asia
  • Chao-hung Christopher CHEN, Singapore Management University
Publication Type
Book Chapter
Version
Postprint
Publication Date
1-2013
Abstract

This chapter identifies some of the potential legal and policy issues involved in the future regulation of over-the-counter (OTC) derivatives. First, regulators must be cautious in the regulation and solvency of some mammoth clearing- houses. Second, Singapore and Hong Kong both face challenges in the areas of global regulatory cooperation and extra-territorial regulatory effects. Third, the exact scope of a clearing obligation determines whether there is any regulatory competition or room for regulatory arbitrage in the future. Fourth, there are legal definition problems with the term ‘derivative’ and its sub-categories that must be addressed. Fifth, there are potential privacy and civil liability issues in relation to trade reporting.

Keywords
  • derivatives,
  • OTC,
  • clearing,
  • reporting,
  • financial regulation
Editor
Yao-Ming Hsu and Yuichiro Tsuji
ISBN
9780957635814
Publisher
National Chengchi University
City or Country
Taipei
Copyright Owner and License
Author
Creative Commons License
Creative Commons Attribution-Noncommercial-No Derivative Works 4.0
Additional URL
https://worldcat.org/isbn/9780957635814
Citation Information
Chao-hung Christopher CHEN. "Regulation of Over-The-Counter Derivatives: A Comparative Study of Proposals in Singapore and Hong Kong" International Business Law in the 21st Century: Challenges and Issues in East Asia (2013) p. 221 - 242
Available at: http://works.bepress.com/christopher_chen/25/