Financial Instruments And Exchange Law
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Financial Instruments And Exchange Law
The , promulgated on June 14, 2006, is the main statute codifying securities law and regulating securities companies in Japan. The law provides for: * Registration and regulation of broker dealers and their registered representatives * Disclosure obligations applicable to public companies, investment trusts and similar entities * Tender offer rules * Disclosure obligations applicable to large shareholders in public companies * Internal controls in public companies; in this role the law is often referred to as J-SOX, a reference to the American Sarbanes-Oxley Act (SOX). Summary The Act for the Amendment of the Securities and Exchange Act, etc. was passed at the 164th session of the Diet, reforming the 1946 Securities and Exchange Act, and updating the act's name to Financial Instruments and Exchange Act (FIEA). This law also abolished the Financial Futures Trading Act () and three other laws, incorporating their regulations into the FIEA. The law had three major aims: to encou ...
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Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ...
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Corporate Scandal
A corporate collapse typically involves the insolvency or bankruptcy of a major business enterprise. A corporate scandal involves alleged or actual unethical behavior by people acting within or on behalf of a corporation. Many recent corporate collapses and scandals have involved false or inappropriate accounting of some sort (see list at accounting scandals). List of major corporate collapses The following list of corporations involved major collapses, through the risk of job losses or size of the business, and meant entering into insolvency or bankruptcy, or being nationalised or requiring a non-market loan by a government. List of scandals without insolvency * Australia & New Zealand Banking Group scandal involving misleading file notes in the Financial Ombudsman Service (Australia) presented to the Supreme Court of Victoria. * Australia & New Zealand Banking Group allegations of racial bigotry toward billionaire businessman Pankaj Oswal and his wife. Court was presented ...
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Audit Legislation
An audit is an "independent examination of financial information of any entity, whether profit oriented or not, irrespective of its size or legal form when such an examination is conducted with a view to express an opinion thereon.” Auditing also attempts to ensure that the books of accounts are properly maintained by the concern as required by law. Auditors consider the propositions before them, obtain evidence, and evaluate the propositions in their auditing report. Audits provide third-party assurance to various stakeholders that the subject matter is free from material misstatement. The term is most frequently applied to audits of the financial information relating to a legal person. Other commonly audited areas include: secretarial and compliance, internal controls, quality management, project management, water management, and energy conservation. As a result of an audit, stakeholders may evaluate and improve the effectiveness of risk management, control, and governanc ...
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Data Loss Prevention
Data loss prevention (DLP) software detects potential data breaches/data ex-filtration transmissions and prevents them by monitoring, detecting and blocking sensitive data while ''in use'' (endpoint actions), ''in motion'' (network traffic), and ''at rest'' (data storage). The terms "data loss" and "data leak" are related and are often used interchangeably.Asaf Shabtai, Yuval Elovici, Lior Rokach,A Survey of Data Leakage Detection and Prevention Solutions Springer-Verlag New York Incorporated, 2012 Data loss incidents turn into data leak incidents in cases where media containing sensitive information is lost and subsequently acquired by an unauthorized party. However, a data leak is possible without losing the data on the originating side. Other terms associated with data leakage prevention are information leak detection and prevention (ILDP), information leak prevention (ILP), content monitoring and filtering (CMF), information protection and control (IPC) and extrusion prevention ...
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Corporate Law Economic Reform Program Act 2004
''Corporate Law Economic Reform Program (Audit Reform & Corporate Disclosure) Act 2004'', commonly called CLERP 9, modified the Corporations Act 2001 (Commonwealth) which governs corporate law in Australia. It was enacted in July 2004. The changes were based on the reform proposals contained in the CLERP 9 discussion paper, ''Corporation disclosure - strengthening the financial reporting framework'', which was released by the Australian government in September 2002. The 2004 amendments also enacted some reforms flowing from the recommendations in the Report of the HIH Insurance HIH Insurance was Australia's second-largest insurance company before it was placed into provisional liquidation on 15 March 2001. The demise of HIH is considered to be the largest corporate collapse in Australia's history, with liquidators est ... Royal Commission released in April 2003. The important reforms to the Corporations Act included: * changes to continuous disclosure offence provisions, in ...
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Keeping The Promise For A Strong Economy Act (Budget Measures), 2002
The ''Keeping the Promise for a Strong Economy Act (Budget Measures), 2002'', also known as Bill 198, was an Ontario legislative bill effective April 7, 2003, which provides for regulation of securities issued in the province of Ontario. The legislation encompasses many areas. It is perhaps best known for clauses that provide equivalent legislation to the U.S. Sarbanes-Oxley Act (SarbOx) to protect investors by improving the accuracy and reliability of corporate disclosures. Thus, it is also known as the "Canadian Sarbanes-Oxley" Act or C-SOX (''see-socks''). In October 2002, Janet Ecker, as Minister of Finance, introduced an omnibus bill in the legislature entitled ''Keeping the Promise for a Strong Economy Act (Budget Measures), 2002'', now simply referred to as Bill 198. It was enacted as Chapter 22 of the Statutes of Ontario, 2002. Bill 198 received Royal Assent on December 9, 2002 and the amendments to the securities provisions of Bill 198 proclaimed in force on April 7, 20 ...
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Policy 52-109
Policy is a deliberate system of guidelines to guide decisions and achieve rational outcomes. A policy is a statement of intent and is implemented as a procedure or protocol. Policies are generally adopted by a governance body within an organization. Policies can assist in both ''subjective'' and ''objective'' decision making. Policies used in subjective decision-making usually assist senior management with decisions that must be based on the relative merits of a number of factors, and as a result, are often hard to test objectively, e.g. work–life balance policy... Moreover, Governments and other institutions have policies in the form of laws, regulations, procedures, administrative actions, incentives and voluntary practices. Frequently, resource allocations mirror policy decisions. Policy is a blueprint of the organizational activities which are repetitive/routine in nature. In contrast, policies to assist in objective decision-making are usually operational in nature an ...
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Murakami Fund Scandal
Murakami may refer to: * 3295 Murakami, a minor planet * Murakami (crater), an impact crater on the far side of the Moon * Murakami (name), a Japanese surname, including a list of people with the name * Murakami, Niigata, a city in Niigata prefecture * Murakami Domain, a clan within Feudal Japan * "Murakami", a song by Russian rock singer Svetlana Surganova * "Murakami", a song on the 2015 album ''Without My Enemy What Would I Do'' by U.S. band Made In Heights Alexei Saba Mohajerjasbi (born December 10, 1981), better known by his stage name Sabzi, is an American hip hop producer and DJ from Seattle, Washington, who is currently based in Los Angeles, California. He is a founding member of indie hip ... See also * Murakami Station (other) {{disambiguation ...
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Livedoor
was a Japanese company that functioned as an Internet service provider and operator of a web portal and blog platform before being brought down by a scandal in 2006. The company was founded and led in its first 10 years by Takafumi Horie, known as "Horiemon" in Japan. Livedoor grew into one of Japan's premier Internet businesses, putting over 1,000 employees on its payroll at its peak. Its reliance on acquisitions and stock swap mergers to achieve growth also made it one of the country's most controversial enterprises. Its growth came to a resounding halt when scandal erupted in early 2006. An investigation of securities law violations led to a nosedive in the company's stock price. The Tokyo Stock Exchange delisted Livedoor on April 14, 2006. The floundering company's properties were purchased by South Korea-based NHN Corp in 2010. Today the ISP and blog services that bear the Livedoor name are operated by Line Corporation, developers of Line messaging services and the Naver ...
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National Diet
The is the national legislature of Japan. It is composed of a lower house, called the House of Representatives (Japan), House of Representatives (, ''Shūgiin''), and an upper house, the House of Councillors (Japan), House of Councillors (, '' Sangiin''). Both houses are directly elected under a parallel voting, parallel voting system. In addition to passing laws, the Diet (assembly), Diet is formally responsible for nominating the Prime Minister of Japan, Prime Minister. The Diet was first established as the Imperial Diet in 1890 under the Meiji Constitution, and took its current form in 1947 upon the adoption of the Constitution of Japan, post-war constitution. Both houses meet in the in Nagatachō, Chiyoda, Tokyo, Chiyoda, Tokyo. Composition The houses of the National Diet are both elected under parallel voting systems. This means that the seats to be filled in any given election are divided into two groups, each elected by a different method; the main difference bet ...
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Securities Law
Securities regulation in the United States is the field of U.S. law that covers transactions and other dealings with securities. The term is usually understood to include both federal and state-level regulation by governmental regulatory agencies, but sometimes may also encompass listing requirements of exchanges like the New York Stock Exchange and rules of self-regulatory organizations like the Financial Industry Regulatory Authority (FINRA). On the federal level, the primary securities regulator is the Securities and Exchange Commission (SEC). Futures and some aspects of derivatives are regulated by the Commodity Futures Trading Commission (CFTC). Understanding and complying with security regulation helps businesses avoid litigation with the SEC, state security commissioners, and private parties. Failing to comply can even result in criminal liability.Steinberg, Marc (2009). ''Understanding Securities Law''. LEXISNEXIS. . Overview The SEC was created by the Securities Exchan ...
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