Securities lending, empty voting and corporate governance

This paper examines the corporate governance implications of securities loans, in particular the impact of securities loans on shareholders' voting rights and the control of listed Australian companies. The paper considers whether the current regulatory framework for securities loans in Australia adequately addresses the concerns associated with securities loans and whether reform is required in order to protect the interests of shareholders in listed Australian companies and to ensure that the governance of these companies is not undermined by securities loans.

The legal structure and regulation of securities lending (Pt 1)

Securities lending is the temporary transfer of securities(mainly shares) from one party to another. At theconclusion of the loan, the borrower is required to deliverequivalent securities to the lender. Securities lending isan important and growing part of global market activity.While it is said to perform valid and useful functions suchas increasing market liquidity, many—particularly duringthe global financial crisis—have expressed concerns thatit also leads to market instability. Concerns with securitieslending have focused primarily on its role in facilitatingshort selling. During the global financial crisis, marketsand regulators were concerned about the potentialdestabilising effect of short selling on financial markets.1Regulators across the globe took action to ban naked andcovered short selling.This article undertakes a comprehensive examinationof the legal structure of securities loans in Australia. Itexamines securities lending in Australia and other majorfinancial markets, namely Europe, the United Kingdomand United States. This article examines the Australian and international industry standard form contracts. It alsoconsiders the current regulatory environment for securitieslending in Australia.

The legal structure and regulation of securities lending (Pt 2)

connection with the collapse of Opes Prime in Australiaand the Australian Federal Court decision whichconsidered the legal characterisation of securities loans.The Opes Prime collapse provoked huge controversyregarding the role of securities lending and the ensuingcourt decision was the first judicial examination ofsecurities lending in Australia.1 The article also considersthe regulatory responses to securities lending and shortselling taken by the International Organisation ofSecurities Commissions (IOSCO) and in Australia, theUnited Kingdom, Europe and the United States duringthe global financial crisis.

Securities lending, empty voting and corporate governance

This paper examines the corporate governance implications of securities loans, in particular the impact of securities loans on shareholders’ voting rights and the control of listed Australian companies. The paper considers whether the current regulatory framework for securities loans in Australia adequately addresses the concerns associated with securities loans and whether reform is required in order to protect the interests of shareholders in listed Australian companies and to ensure that the governance of these companies is not undermined by securities loans.

The World Bank and higher education reform in Ethiopia: knowledge aid and its undesirable effects

This chapter critically examines World Bank (WB) support for Ethiopia, specifically for its higher education (HE) system. It is now almost commonplace for support for developing nations from International Organizations (IOs) such as the WB to be the subject of analysis and critique. Reasons for this are not difficult to discern, particularly in relation to the WB 's activities. This is because the WB is the largest external financial source for educational expenditure in developing countries in general and in Sub-Saharan Africa (SSA) in particular (Jones 2007). In fact, the Bank provides about a quarter of all external funds for education in low-income countries (LICs) (Domenech and Mora-Ninci 2009). In twenty years (1990-2010), the WB committed a total of nearly US$42 billion for education (Molla 2013b). Poor countries with low annual per capita income are eligible for the WB 's financial aid, which includes concessional outright grants and interest-free long-term loans (World Bank 2007a).

Small amount credit contract reforms in Australia: household survey evidence & analysis

A review of small amount credit contract regulation in Australia began in 2015 as mandated under s 335A of the National Consumer Credit Protection Act 2009 (Cth). The review panel sought comprehensive data on industry and consumer characteristics and trends. To provide such evidence, consumer groups commissioned original empirical research using data collected from a longitudinal survey that monitors the financial position and attitudes of Australian households. This data on household use of small amount credit contract loans was extracted for the last decade, allowing detailed analysis of the historical patterns and developing trends. The data indicates that overall demand for small amount short duration credit is growing in Australia, the consumer base is broadening, and the predominant form of lending today is online. Deeper analysis highlights the varying motivations of borrower households and their different stages and levels of financial difficulty. It also confirms the socio-economic, employment, educational and financial disadvantages of most households using these loans and their vulnerability to adverse changes in personal circumstances and negative external shocks.

The Amplifier - v. 11, no. 7

In this issue...KXLF TV, Mine Rescue, Talent Show, Linda Plubell, Gulf Oil Company, Student Loans, Theta Tau, Alaska, Newman Club

The Amplifier - v. 13, no. 5

In this issue...Newman Club, Boeing, Chess Club, Work Study, Amax Foundation, Project Sloop, AWS, Orediggers, National Defense Loans, 4-H

Privatisation and accountability in a “crony capitalist” Nigerian state

Nigeria is richly endowed with oil and gas resources, but the country’s continued reliance on loans from international financial institutions raises questions about the transparency and accountability of its utilisation of the huge revenues resulting from these two resources. In order to attract international capital to bolster its revenues from sales of oil and gas, a huge proportion of which continues to be used corruptly, the World Bank has encouraged the Nigerian government to subscribe to neoliberal economic policies by enlisting accounting firms and privatising state-owned enterprises. Key justifications for this have included enhancing accountability, reducing public-sector corruption, promoting market efficiency and attracting international capital. However, this paper presents evidence of the role of accounting in the undervaluation of assets, concealment of possible malpractice, and subversion of the accountability that it should have delivered in the privatisation process. The assumption that accounting will enhance accountability, reduce public-sector corruption and promote market efficiency in privatisation, and ultimately attract investment into a crony capitalist Nigerian state, appears to be an illusion created partly through the apparent legitimacy of accounting.

A Historical Materialist Approach to the Eurozone Crisis: Fictitious Capital, States, and Capital Accumulation

This dissertation examines the ongoing European sovereign debt crises that began with Greece in 2009, in the wake of the US subprime mortgage crisis. Through the application of a historical materialist approach, I attempt to understand the on-going crisis in the European Monetary Union (EMU) by investigating root causes of sovereign debt crises, relations of power, and main beneficiaries of the policy responses. My theoretical framework hinges on three contradictions in capitalism: the tendency towards overaccumulation, the tension between fictitious capital and the productive base, and the contradiction inherent in capitalist states between their role as a national state and as a class state. In contrast to the dominant positions that locate the cause of the crisis within either: debtor states; creditor states; or the framework at the EMU, I argue that these sovereign debt crises are actually a broader crisis of crisis of capitalism within the EMU itself. In order to do so, I trace the evolution of the political economy of the Eurozone in the post-Bretton woods era, with a particularly focus on the credit system. More specifically, I argue that these crises are the result of an interaction between three meso-level contradictions that have developed within the EMU region: 1) Germany’s postwar accumulation regime, which has produced a deep crisis of overaccumulation; 2) the contradictory processes associated with the neoliberal logic of the EMU, by which I mean the rush to lower barriers to credit and finance at the expense of all else; and 3) credit-fueled, consumption-based EMU integration in the periphery; and. These three contradictions came together in the wake of the 2007-2008 US subprime crisis to form an overall crisis of capitalism in the Eurozone, expressed, as I suggest, as a crisis of fictitious capital. This dissertation aims to contribute to the ongoing project among critical political economists to de-naturalize and re-politicize money, while challenging the hegemony of monetarism within neoliberalism. Second, there has yet to be a comprehensive study that examines the EMU, Germany, and the crises in the periphery from a holistic, historical materialist analysis.

The centrality of the Australian suburb: mobility challenges and responses by outer suburban residents of Melbourne

Living in the suburbs is founded on mobility, as residents move to the periphery of the city, commute to work and travel for shops, schools and leisure. While there have been numerous studies raising critical questions on the vulnerability of outer suburban residents to loneliness, financial and mortgage stress, the actual experiences and challenges posed by the dependence of suburban life on mobility is rarely singled out for attention. Through purposive sampling and then snowballing, eight outer suburban residents participated in photo-elicited interviewing to detail their lifeworlds and mobility experiences. Problems ranged from getting to work to accessing schools, shops and even neighbourhood services as the suburban car culture was embraced but also constrained patterns of movement. However, there was also an array of positive experiences and alternatives to these patterns, including the pleasures to be found in traffic jams and the suburban environment and local actions to establish new pathways and means of movement as well as set up local employment options. Mobility constraint thereby generated a range of unexpected strategies, as residents exercised their agency to shape their experiences, create alternatives and to build suburban centred lives.

Development aid: regulatory impact assessment and conditionality

The purpose of this paper is to examine how Regulatory Impact Assessment (RIA) can contribute to decision-making processes of Official Development Assistance (ODA) loans and grants. The point of departure for the discussion is the phenomenon that RIA, within a context of ODA, is applied by International Finance Institutions mainly in the context of Development Policy Loans, to introduce or strengthen country systems for Regulatory Impact Assessment. However, ODA grants, and loans, particularly when specific policy or regulatory conditions are attached to them, significantly impact economic and social conditions within the beneficiary country. This article examines what role RIA can play in facilitating a coherent decision-making process affecting the ODA allocation within a context of conditionalities requiring the introduction of new, or changes to existing, policies and regulations. The discussion considers the nexus between development aid effectiveness, conditionality and ownership, and RIA. The article argues a justification for applying RIA to ODA loans and grants which carry regulatory and policy conditionalities.

Essays on employment / education, investment in education and student achievement

Méthodologie: Modèle de régression quantile de variable instrumentale pour données de Panel utilisant la fonction de production partielle

BM: Tributación y concentración en el sistema financiero Colombiano 1989 - 2003

El presente documento analiza los determinantes del margen de intermediación para el sistema financiero colombiano entre 1989 y 2003. Bajo una estimación dinámica de los efectos generados por variables específicas de actividad, impuestos y estructura de mercado, se presenta un seguimiento del margen de intermediación financiero, para un período que presenta elementos de liberalización y crisis.

Diversificación, la clave del éxito de Constructora Colpatria

El siguiente documento tiene como finalidad enseñarle al lector cómo una de las constructoras líderes del sector en Colombia, Constructora Colpatria, se ha visto involucrada en la toma de ciertas decisiones estratégicas, las cuales han llevado a la compañía a conseguir una diversificación en diferentes áreas de negocio y un proceso de internacionalización en países como México y Perú. La principal razón de estos cambios que ha tenido la Constructora Colpatria, es básicamente un problema que surge hace un poco más de 20 años. Hacia la década de los 90 se presentó una crisis financiera que tuvo su origen en el mercado hipotecario, desde ese entonces, el sector construcción se ha visto involucrado en un fenómeno que es comúnmente conocido como burbuja inmobiliaria, este término se refiere a la subida injustificada y exagerada de los precios de los inmuebles o de los bienes raíces muy por encima del precio real de venta. En el contexto de estrategia, el proyecto se va a encaminar por el lado de las decisiones y el manejo que se le ha dado por parte de la empresa a la problemática que ha presentado el sector construcción a lo largo de los últimos años. Por medio de diferentes métodos de investigación, que serán explicados más adelante, se quiere evaluar y conocer como esta empresa ha logrado conseguir un alto nivel de competitividad y cómo se ha posicionado en los primeros puestos en el sector construcción en Colombia.