ANALYSIS OF THE AUTHORITY OF CAPITAL MARKETS BOARD TO IMPOSE ADMINISTRATIVE FINES IN CAPITAL MARKET LAW BASED ON RELEVANT PROVISIONS

2021 ◽  
Vol 6 (15) ◽  
pp. 218-234
Author(s):  
Ahmet TOK
Keyword(s):  
Capital Markets ◽  
Capital Market ◽  
Transfer Pricing ◽  
Passive Transfer ◽  
Market Abuse ◽  
Special Cases ◽  
The Subject ◽  
The Law ◽  
Administrative Sanction ◽  
Made In

The aim of this paper is to analyze the legal infrastructure of the authority of administrative fines that imposes by Capital Markets Board in the Capital Markets Law No. 6362 (CML/Law). General principles of administrative fines are regulated in the first paragraph of Article 103 of the Law while special cases of administrative fines are regulated in the following paragraphs of the same article and in Article 104. Violation of take-over bid obligation, non-deliver of net gain to the issuer, passive transfer pricing regulation, withholding information and document, preventing the auditing and market abuse actions can be mentioned among special cases. In our study, the purpose of the administrative fine, the problem to whom the administrative fine will be applied, the problems encountered in the practice related to the subject, the current amendments made in the law especially the regulation on the administrative fines that imposed for legal entities, legal ways to be applied against the administrative sanction decision and the issues on which administrative fines are imposed in practice are also investigated. Finally it is aimed to contribute to doctrine and practice.

scholarly journals Titles to Life Assurance Policies

1905 ◽  
Vol 2 ◽  
pp. 343-386
Author(s):  
Alfred Ernest Sprague
Keyword(s):  
Legal Proceedings ◽  
Legal Question ◽  
Life Assurance ◽  
The Subject ◽  
The Law ◽  
To Receive ◽  
Made In

The chief object for which insurance offices exist is to pay claims; but before any claim can be paid, the question arises—who is the proper person to receive the payment ? If any mistake be made in this, the office may find itself involved in troublesome and expensive legal proceedings, and be compelled to pay the claim twice over. This consideration shows the necessity of insurance officials having some knowledge of law, as it is almost impracticable for them to refer every legal question to their solicitors; and my present object is to draw attention to some of the elementary points which arise in the ordinary course of our business. On the shelves of the library there are to be found papers by Mr. Barrand, Mr. Warren Crosbie, and Mr. Hayter, which should be studied carefully (in addition to the text books) by every one desirous of qualifying himself for a position of responsibility in the claims or law department of his office; but these papers do not exhaust the subject, and I do not propose to allude to the points discussed therein, except in the cases where some further explanation seems desirable or where there has been an alteration in the law or in the practice of the offices.

scholarly journals Prohibition of interrogation of notaries as witnesses in criminal proceedings

1970 ◽  
pp. 345-349
Author(s):  
Ulyana Polyak
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Literature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
The Law ◽  
Notary Public ◽  
Made In

The current criminal procedure law of Ukraine stipulates that a witness is obliged to give a true testimony during pre-trial investigation and trial, however, the legislator made an exception for this by specifying the categories of persons who have been granted immunity from immunity, ie they are released by law. testify. The article deals with the problems of law and practice regarding the prohibition of the interrogation of a notary as a witness in criminal proceedings and the release of him from the obligation to keep the notarial secret by the person who entrusted him with the information which is the subject of this secret. The notion of notarial secrecy is proposed to be changed, since the subject of this secrecy is not only information that became known to the notary public from the interested person, but also those information that the notary received from other sources in the performance of their professional duties, as well as the procedural activity of the notary himself, is aimed at achieving a certain legal result. The proposal made in the legal literature to supplement the CPC of Ukraine with the provisions that a notary is subject to interrogation as a witness on information that constitutes a notarial secret, if the notarial acts were declared illegal in accordance with the procedure established by law The proposal to increase the list of persons who are not subject to interrogation as witnesses about the information constituting a notarial secret is substantiated, this clause is proposed to be supplemented by provisions that, apart from the notary, are not notarized, other notarials, notaries as well as the persons mentioned in Part 3 of Art. 8 of the Law of Ukraine "On Notary". Amendments to the current CPC of Ukraine by the amendments proposed in this publication will significantly improve the law prohibiting the interrogation of a notary as a witness in criminal proceedings, as well as improve certain theoretical provisions of the institute of witness immunity in criminal proceedings.

Licensing (Scotland) Acts Amendment Bill

1903 ◽  
Vol 49 (205) ◽  
pp. 327-328
Keyword(s):  
Married People ◽  
Black List ◽  
The Subject ◽  
The Law ◽  
Made In

This Bill, now before Parliament, is practically a repetition of the last English Act. In approaching the subject, however, the authors of the Bill have had to make certain alterations to bring it into conformity with the law of Scotland as already existing. The clauses relative to separation of married people who have become habitual drunkards have been omitted in the Scottish Bill; but the constitution of licensing courts and of licensing law is generally amended. Additional penalties are imposed for offences involving drunkenness, and the black list will be extended north of the Tweed. Much-needed reforms in regard to the registration of clubs are introduced, and it is to be hoped that these will pass into law without delay. There are other matters to which we have repeatedly referred as requiring amendment in connection with drunkards and their doings; and it is to be hoped that amendmentswill be made in the course of the Parliamentary discussions to render this Act still more effective.

The Lawyer's Divided Loyalties: An Introductory Note

1981 ◽  
Vol 16 (1) ◽  
pp. 1-4 ◽  
Author(s):  
Shalev Ginossar
Keyword(s):  
Professional Ethics ◽  
Legal Profession ◽  
Reverse Order ◽  
National Council ◽  
Tel Aviv ◽  
International Conference ◽  
Introductory Note ◽  
The Subject ◽  
The Law ◽  
Made In

The three papers published hereafter were presented at an International Conference on the Ethics and Responsibilities of the Legal Profession held in Tel Aviv from 17–21 August 1980. As could be expected, the views expressed therein are not identical, but since they are all connected with the manner in which the nature and the function of the profession is conceived, it may be useful to outline the attitude of the law of Israel on the subject.The Chamber of Advocates Law, enacted in 1961 to supersede the Advocates Ordinance, 1938, declares in sec. 54 that —In carrying out his functions, an advocate shall serve the interests of his client loyally and devotedly and shall help the court to dispense justice.The statute apparently places at the same level the lawyer's duties to his client and to the court: the order in which it enumerates them does not indicate any intention of priority—any more than in the Decalogue the respect due to one's father can be said to take preecdence over that to one's mother. The same two fundamental duties are mentioned, in reverse order, in the Rules of Professional Ethics made in 1966 by the National Council of the Chamber of Advocates with the approval of the Minister of Justice.

scholarly journals Block Chain Technology Progress and Challenges in Capital Markets

2019 ◽  
Vol 8 (11S) ◽  
pp. 850-852
Keyword(s):  
Capital Markets ◽  
Capital Market ◽  
Financial Institution ◽  
Prediction Markets ◽  
Financial Assets ◽  
Business Services ◽  
Blockchain Technology ◽  
Huge Impact ◽  
Block Chain ◽  
Made In

The blockchain is anunseen technology that is completelychanging the future of the world economy and achieving grip in the capital markets. Blockchain technology will have huge impact in business transaction and exchange of digital currency between financial institution. The technology is applied to a wide variety of financial fields, including business services, settlement of financial assets, prediction markets and economic businesses. While research has focused on identifying the reasons, Is in Capital Market the implementation of blockchain technology is how far it is acceptable and adapted for the present process with the capital market infrastructure.An effort is made in this paper to know the application and key challenges and implementation of blockchange technology in capital market.

scholarly journals THE FREE CASH-FLOW THEORY VERSUS FINANCIAL CONSTRAINTS, INVESTMENTS, CORPORATE GOVERNANCE AND SOFT BUDGETING PROBLEMS

2001 ◽  
Vol 51 (4) ◽  
pp. 489-512
Author(s):  
P. HARBULA
Keyword(s):  
Cash Flow ◽  
Capital Market ◽  
Financial Constraints ◽  
Flow Theory ◽  
Conclusive Evidence ◽  
Free Cash Flow ◽  
Capital Market Imperfections ◽  
Special Cases ◽  
Theory Versus ◽  
Made In

The supposed preference of firms for internal financial sources to fund their investments can be explained by either the free cash-flow or the financial constraints theories, both relying on asymmetric information. Neither theory was found fully valid by recent research. Using a French data panel, conclusive evidence will be made in favour of the free cash-flow theory in special cases. The validity of the free cash-flow theory in special cases will bring new issues to light with the introduction of a new definition: soft budgeting problem of capital. Through this analysis, the possible interaction between capital market imperfections and general equilibrium will also gain new dimension.

‘In-House’ Solutions for Major Ethical Breaches

2003 ◽  
Vol 11 (3) ◽  
pp. 265-266 ◽  
Author(s):  
Warwick Middleton
Keyword(s):  
Human Rights ◽  
Duty Of Care ◽  
High Expectations ◽  
Special Cases ◽  
The Law ◽  
Democratic Ideals ◽  
Made In

Objective: To evaluate ‘in-house’ decisions made in respect of major ethical breaches, whether occurring in psychiatry or within the hierarchy of major churches. Conclusions: The closer professional bodies, churches and other related organizations that have high expectations of the duty of care of their professional members, get to practising democratic ideals and universal standards of human rights, the more such members become accountable, and the less there are special cases or exceptions to the law.

scholarly journals Open Axiology in Judicial Interpretation of Law and Possible Misuse of Discretion

2020 ◽  
Vol 29 (3) ◽  
pp. 39
Author(s):  
Leszek Leszczyński
Keyword(s):  
Discretionary Power ◽  
Judicial Interpretation ◽  
General Reference ◽  
Legislative Policy ◽  
The Subject ◽  
Essential Function ◽  
The Law ◽  
The Relationship ◽  
Made In

<p>The subject of the article is to determine the extent to which the judicial interpretation of the law is affected by the use of an open axiology argument in the course of adjudication. Assuming that the use of open criteria is based primarily on the application of the legislative construction of general reference clauses, it is important to link these references to a legislative policy in which they constitute a means of deliberately extending the scope of discretionary power, derived from natural (independent of the legislator) sources. The essential function of the references is the axiological opening of findings made in all essential phases of judicial interpretation – validation, reconstruction and construction, resulting, among other things, in a change in the relationship between the roles of particular interpretation rules. This may lead to various manifestations of abuse of the interpretative discretion of judges, which in turn necessitates the search for certain remedies, among which the formation of permanent lines of jurisdiction and precedential practice, as well as the transparency of the reasoning of judgements, seems to be of the utmost importance.</p>

scholarly journals Market Manipulation According to the Capital Market Law

2021 ◽  
Author(s):  
Soner Hamza Çetin
Keyword(s):  
Capital Markets ◽  
Capital Market ◽  
Criminal Code ◽  
Market Manipulation ◽  
Insider Information ◽  
The Law ◽  
Negative Impacts ◽  
The Capital Market

The behavior (manipulation) for prompting selling or buying a capital market instrument or increasing or decreasing the value of capital market instrument artificially by deceiving the investors in the capital market sprincipally deteriorate the trust and stability of the capital market and damages the rights of the investors. Besides, such behavior upsets the transparency of the market and causes that the trust that should be in the market is breached. Such behavior called as manipulation in the capital markets are arranged under the name “market manipulation” in the article 107 of the Capital Market Law (SPKn) no: 6362. Because of the negative impacts on the market, having an arrangement as a crime separate from the fraud provisions included in the criminal code is principally a statement of a necessity. Market manipulation is subjected to a dual distinction as committed based on insider information and committed based on transaction. Article 107/1 regulates the market manipulation based on trade and Article 107/2 of SPKn the market manipulation based on information. Even though the same imprisonment is anticipated in the law for both market manipulation, for the market manipulation based on trade, a special remorse circumstance is included in the Article 107/3 and a special compliance with the laws reasons in the Article 108.

Synonyms in the texts of laws (based on Russian laws)

2021 ◽  
pp. 192-206
Author(s):  
M. V. Batyushkina ◽  
Keyword(s):  
Legal Regulation ◽  
Main Term ◽  
Stylistic Feature ◽  
Lexical Semantic ◽  
Semantic Difference ◽  
Joint Contact ◽  
The Subject ◽  
The Law ◽  
Made In ◽  
Expert Practice

The paper considers the issues of the use of synonyms in the texts of Russian laws. The re-search materials are the texts of federal and regional laws, expert practice. It is noted that syn-onymy, despite the requirement for the unification of legal terminology, is also characteristic of legislative texts. At the same time, synonyms are used not to exclude repetitions of the same words but for the sake of completeness, accuracy, clarity of the transfer of legal mean-ing. Legal synonyms are an integral genre and stylistic feature of the legislative text. Synonyms perform informative, pragmatic, text-forming, and other functions. There are some trends in the use of synonyms in the laws. Preference is given to one or another word from the synonymous series. The choice depends on the subject of the law, aspects of legal regulation, with the chosen synonym not always being stylistically neutral, devoid of evaluative seman-tics. Some terms are used not as synonyms but exclusively in terms of generic relationship. Paronyms may be used as synonyms. Frequent joint (contact) use of synonyms occurs when an additional (qualifying) term is given in brackets after the main term. Such synonyms are characterized by semantic and stylistic differences, the ratio of meanings, and integrated con-tent. A special clause on the equivalence of terms may be made in the law. However, the context always reveals the semantic difference of “equivalent” terms, their semantic shades. The methods and principles of analysis are traditional for Russian studies and legal linguis-tics: discursive, genre-stylistic, lexical-semantic, comparative, statistical, etc.

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