john mcnally phd applicant environmental research institute university college cork eri research...
TRANSCRIPT
John McNally
PhD Applicant
Environmental Research Institute
University College Cork
ERI Research Open Day, 15th December 2010, Devere Hall, UCC.
Environmental Information and the Financial Markets
The Regulation of Financial Markets:
Pluralism v Chaos
What is “Greenwashing”?
Material Information
Information is considered material if there is a substantial likelihood that a reasonable investor would consider it important in deciding how to vote or make an investment decision, or if the information would alter the total mix of available information.
Material Information relating to Climate Change
Climate Risk/Opportunity
E.G. Adverse effects of weather/new product opportunities
Regulatory Risk
E.G. Emissions Levels i.e. cost of acquiring credits.
Investor/Listed Company
Irish Stock Exchange Ltd.
Central Bank of IrelandOffice of the Director Of Corporate Enforcement(ODCE)
Investor/Listed Company
Irish Stock Exchange Ltd.
Central Bank of Ireland
Investment Funds, Companies and Miscellaneous Provisions Act 2005 Central Bank Act 2010
S.I. No. 342/2005 — Market Abuse (Directive 2003/6/EC) Regulations 2005
ODCE
Companies Act 1990
Company Law Enforcement Act 2001
Investor/Listed Company
Irish Stock Exchange Ltd.
Central Bank of Ireland
Investment Funds, Companies and Miscellaneous Provisions Act 2005 Central Bank Act 2010
S.I. No. 342/2005 — Market Abuse (Directive 2003/6/EC) Regulations 2005
ODCE
Companies Act 1990
Company Law Enforcement Act 2001
Market Abuse (Directive 2003/6/EC)
Markets in Financial Instruments Directive (MiFID) Directive 2004/39/EC
Transparency Directive (2004/109/EC)
Prospectus Directive (Directive 2003/71/EC)
Relevant Stock Market Rules
~ Uphold Market Integrity (Honesty, due care/diligence)
~ Honesty very broad (would dishonesty include false advertising?)
~ Rules governed in accordance with laws of Ireland
Criminal Law
Criminal Justice (Theft and Fraud Offences) Act 2001
Main Provisions:
S2 Definitions;
2(1) Dishonesty
2(2) Deception
S6 Deception;
S10 False Accounting;
S11 Suppression of Documents;
S24/25 Forgery;
S40 Corruption;
S41 Fraud Affecting EU Interests;
S51 Destruction of Evidence.
Burden of Proof – High – Beyond reasonable doubt
Civil Law
Investment Funds, Companies and Miscellaneous Provisions Act 2005
S33 Civil Liability for Market Abuse
i.e. Liable to compensate for any losses suffered.
Burden of proof – lower – balance of probabilities
Conclusion
So What?
Pluralism or Chaos?
Wait and See?
Thanks for Listening!
Any Questions?