Investor protection and criminal liabilities for defective prospectuses: Bangladeshi laws compared with their equivalents in India and Malaysia

This paper aims to critically examine the applicability of disclosure-based regulation in a pre-emerging securities market. The paper presents, by using archival data, an analysis of prerequisites for the usefulness of the disclosure philosophy making reference to some Asian securities markets with...

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Bibliographic Details
Published in:Journal of financial crime 2006-10, Vol.13 (4), p.467-492
Main Author: Solaiman, S M
Format: Article
Language:English
Subjects:
Criminal law
Criminal liability
Disclosure
Fines & penalties
Imprisonment
Initial public offerings
Investors
Prospecti
Regulation of financial institutions
Sanctions
Securities markets
Securities regulations
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Summary:This paper aims to critically examine the applicability of disclosure-based regulation in a pre-emerging securities market. The paper presents, by using archival data, an analysis of prerequisites for the usefulness of the disclosure philosophy making reference to some Asian securities markets with special reference to the contemporary experiences of the Bangladesh securities market. The paper concludes that the disclosure philosophy itself is not a panacea, an effective disclosure regime requires a certain level of structural and infrastructural development of the market, and that a particular securities market should follow a paternalistic merit regulation until the attainment of that progress. This paper contributes to the understanding of effectiveness of the disclosure philosophy for the regulation of securities markets from the perspective of investor protection.
ISSN:1359-0790
1758-7239
DOI:10.1108/13590790610707582