Erica Johansson

On August 29–30 2014 the Marianne and Marcus Wallenberg Foundation in co-operation with the Stockholm Centre for Commercial Law arranged an International legal symposium under the heading “Functional or dysfunctional – the law as a cure? Risks and liability in the financial markets”. The symposium was held in honor of the 50th anniversary of the Marianne and Marcus Wallenberg Foundation. The topic of the symposium mirrors a particular interest of the activities of the SCCL covering regulatory as well as liability questions thus dealing with legal subjects which have also relevance to the Foundation. After World War II financial markets have gradually undergone huge differences depending on new financial devices, new financial markets and new financial actors evolving together with changes in regulation and supervision. These are circumstances which have together created new frames for the financial industry. Table of contents: - Extraterritorial Financial Regulation: Why E.T. Can’t Come Home by John C. Coffee, Jr. - Generally on Risks and Liability – Directors’ Liability Under the Law and Regulation in Australia by Rowan Russell - South African Company Law – Directors’ Duty of Care and Skill and the Introduction of the Business Judgment Rule: Answering the Critics by Angela Itzikowitz - International legal risk for banks and corporates by Philip R Wood - Macro-prudential regulation from an English and European Perspective – The Legal and Institutional Dimension by Kern Alexander - Comment on the session on the risks and liabilities of financial markets by Jesper Lau Hansen - Handling Risks in Financial Markets Regulation: EMIR and the problem with CCPs being Too Big to Fail by Erica Johansson - Responsibility of Banks and Their Directors, Including Liability and Enforcement by Klaus J. Hopt - Is there a role for culture and ethics in financial regulation? By William Blair - Tort Law to the Rescue? By Michael D. Green & Brandon Jones - The (non)-liability of banks under English law by Ross Cranston - Implementing liability on the basis of model case procedures – the example of the German Capital Markets Model Case Act (“KapMuG”) by Brigitte Haar - Tort cases in Iceland after the bank crash in 2008 by Eiríkur Jónsson

This book is, with some adjustments and additions, largely based on my PhD thesis on Property Rights in Investment Securities and the Doctrine of Speci?city, which I defended in London on 15 June 2007 with Professor Lars Gorton and Dr. Kern Alexander as examiners. The subject matter is the doctrine of speci?city and its non-conformity with the developments in the ?nancial markets. As this book shows, the requirement for speci?city in book-entry securities is closely linked to loss allocation. If we decided that the rights that the investor has against its intermediary shall be property rights (as opposed to claims), then, loss allocation is crucial. Should the intermediary become insolvent and there be ins- ?cient securities, the shortfall has to be distributed. Through segregation on des- nated accounts the level of protection for the investor can be increased. It can also be increased by a requirement that the intermediary should hold a suf?cient number of securities corresponding to its customers' securities. During the course of this work I have received valuable assistance from s- eral persons, for which I am very grateful. First of all, I am indebted to Tekn. dr. Marcus Wallenbergs Stiftelse for .. utbildning i internationellt industriellt for .. etagande and For .. etagsjuridik Nord & Co for the ?nancial support they have provided.

This book is, with some adjustments and additions, largely based on my PhD thesis on Property Rights in Investment Securities and the Doctrine of Speci?city, which I defended in London on 15 June 2007 with Professor Lars Gorton and Dr. Kern Alexander as examiners. The subject matter is the doctrine of speci?city and its non-conformity with the developments in the ?nancial markets. As this book shows, the requirement for speci?city in book-entry securities is closely linked to loss allocation. If we decided that the rights that the investor has against its intermediary shall be property rights (as opposed to claims), then, loss allocation is crucial. Should the intermediary become insolvent and there be ins- ?cient securities, the shortfall has to be distributed. Through segregation on des- nated accounts the level of protection for the investor can be increased. It can also be increased by a requirement that the intermediary should hold a suf?cient number of securities corresponding to its customers' securities. During the course of this work I have received valuable assistance from s- eral persons, for which I am very grateful. First of all, I am indebted to Tekn. dr. Marcus Wallenbergs Stiftelse for .. utbildning i internationellt industriellt for .. etagande and For .. etagsjuridik Nord & Co for the ?nancial support they have provided.