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The regulation of financial markets - contemporary legal aspects
Špaček, Martin ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
The subject of this thesis is the evaluation of certain legal aspects of financial markets regulation related especially to dealing activities. Important role plays the context of contemporary period struggling with the consequences of recent financial crisis with the emphasis put on EU (resp. national) regulation. The first part is in general devoted to the meaning of existent regulation itself. Related legislation and institutional layout are subsequently brought closer in context of national and esp. EU environment. Certain point of interest deserves even (american) the most comprehensive financial markets reform ever. The key part of this thesis devotes to public law aspects instantly influencing dealing and trading activities on financial markets and their contrast to reality. The first theme describes categorization of clients entering on financial markets and duties put on subjects involved (counterparties), who conclude ind. deals with them. Then follow rating agencies, who have been influencing daily routine on financial markets for years and whose evaluation activities imminently influence the row of processes present on financial markets - starting from calculation of capital adequacy requirements until settlement of credit derivatives trades. Capital adequacy is put in context with...
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Regulation of Trading in OTC Derivates
Matys, Tadeáš ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
This thesis addresses the current, ever-developing framework of rules governing trading in the most widespread financial instrument - OTC derivatives. The main objective of the thesis is to analyse the current state of the regulation of trading in OTC derivatives within the EU - namely, the EMIR Regulation. Subsequently, it examines whether the legal framework has been set up properly and effectively, and explores what steps should be taken in the near future in order to improve it. Given that the subject of this thesis is much more of an economic than a legal nature, its first part introduces OTC derivatives as a concept, and the specifics of trading in them. The second part examines the status of OTC derivatives within the financial market over time, starting from their modern-day beginnings in the 1990s, through their role in the global financial crisis of 2007 and 2008, to the current issues related to them. The main part of the thesis is devoted to the EMIR Regulation, its scope of application, and in particular the three main obligations which EMIR introduces in relation to OTC derivatives. These comprise, firstly, the obligation to perform a central clearing through central counterparties; secondly, the obligation to observe specific risk mitigation techniques for OTC derivative contracts...
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Effect of regulation on OTC derivatives in G-SIBS in the USA in 2010-2015
Zajíčková, Tereza ; Jílek, Josef (advisor) ; Munzi, Tomáš (referee)
Institutions from the G-SIBs category have been under greater scrutiny not just by regulatory authorities since the beginning of the financial crisis in 2008. Insufficient regulation in OTC derivatives combined with moral hazard expressed in the highly speculative behaviour by G-SIBs were major factors contributing to the development of the financial crisis. The regulatory bodies in the USA responded to the situation by adopting the Dodd-Frank ACT with the aim to introduce additional rules for the market with OTC derivatives and regulate the activities of G-SIBs significantly. The paper analyses selected indicators related to the OTC derivative exposure and the overall financial condition of the selected G-SIBs. The thesis analyses the development of the monitored indicators following the implementation of the DFA to confirm that the risk arising from speculative derivative deals by G-SIBs was reduced, the financial condition of the selected institutions was strengthened, and the systemic risk was thus suppressed during the period 2010-2015.
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Dopad nařízení EMIR na finanční trhy v EU
Finkelshtein, Ekaterina ; Teplý, Petr (advisor) ; Husták, Zdeněk (referee)
On 4 July 2012, the Regulation on OTC Derivatives, Central Counterparties and Trade Repositories (known as "EMIR") - European Market Infrastructure Regulation) was adopted and entered into force on 16 August 2012. The Regulation requires standard derivative contracts to be cleared through Central Counterparties (CCPs) as well as margins for uncleared trades and establishes stringent organizational, business conduct and prudential requirements for these CCPs. The regulation also ensures that information on all European derivative transactions will be reported to trade repositories and be accessible to supervisory authorities, including the European Securities and Markets Authority (ESMA), to give policy makers and supervisors a clear overview of what is going on in the markets. The aim of this bachelor thesis is to perform a complex analysis of the impact of EMIR. The first part focuses on empirical research of the regulation. In the second part results of a data analysis from both quantitative and qualitative approach are presented.
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The regulation of financial markets - contemporary legal aspects
Špaček, Martin ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
The subject of this thesis is the evaluation of certain legal aspects of financial markets regulation related especially to dealing activities. Important role plays the context of contemporary period struggling with the consequences of recent financial crisis with the emphasis put on EU (resp. national) regulation. The first part is in general devoted to the meaning of existent regulation itself. Related legislation and institutional layout are subsequently brought closer in context of national and esp. EU environment. Certain point of interest deserves even (american) the most comprehensive financial markets reform ever. The key part of this thesis devotes to public law aspects instantly influencing dealing and trading activities on financial markets and their contrast to reality. The first theme describes categorization of clients entering on financial markets and duties put on subjects involved (counterparties), who conclude ind. deals with them. Then follow rating agencies, who have been influencing daily routine on financial markets for years and whose evaluation activities imminently influence the row of processes present on financial markets - starting from calculation of capital adequacy requirements until settlement of credit derivatives trades. Capital adequacy is put in context with...
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Current trends in OTC derivatives markets
Šimko, Marek ; Dvořák, Petr (advisor) ; Witzany, Jiří (referee)
The uppermost goal of this diploma thesis is aimed at identification and evaluation of the current trends in one of the largest segments of financial markets. Special attention has been devoted to the regulatory changes, which have not been completely implemented in all major jurisdictions so far. The introductory part deals with the nowadays situation and explanation of post-crisis measures leading to a higher level of transparency and system stability. The following chapters analyze the key elements contributing to specific trends whereby those findings are based on research studies published by the world leading universities and central banks. The author also observes alternative functional concepts in the market and potential impacts affecting real transactions. The final portion has been dedicated to analysis of practical implications in terms of increased costs related to the trades and possible prospective outlook of the OTC derivatives market. The whole text is accompanied by authors personal reflections and comparison between the most important trading regions in respect to the value of underlying assets.
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Analysis of the OTC derivatives and their use in risk management
Neubauerová, Lucie ; Málek, Jiří (advisor) ; Radová, Jarmila (referee)
This bachelor thesis deals with the over-the-counter (OTC) derivatives. It discusses especially the development of their trade in the world and the possibility of using in risk management. The introductory part defines the basic concepts associated with derivatives, describes their history, classification and methods of statistical reporting. It briefly introduces the basic types of derivatives and the primary motives for using. The second part analyses developments of the OTC derivatives markets since 1998 to the present, including a comparison with the stock exchange markets. The content is also a detailed view of the break-even period before and after the outbreak of the global financial crisis. The last part is devoted to hedge risks through OTC derivatives. It Includes introduction to hedge accounting in terms of czech and international financial accounting and reporting standards and the conclusion is supplemented by specific examples of fair value and cash flows hedges.
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Analysis of global derivatives´ markets since 2005 till 2009
Klečka, Ondřej ; Zámečník, Petr (advisor) ; Čámská, Dagmar (referee)
Bachelor thesis is about the problematic of development of world markets with financial derivatives since 2005 till 2009 (included). First part of paper is focused on potential derivatives' defining, introduction in dividing derivatives by various aspects, indicates deals of their statistic measuring, characterize the main types of derivatives. In the second part there is analysed the development of derivatives' markets in years 2005-2008 which was typical by strong economic growth till the financial crisis and economic recession (since second half 2008 till the end of 2009). Analysis is based on information and statistics from the Bank for International Settlements.
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