Developments in Global Securities Regulation

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Developments in Global Securities Regulation Jane Diplock AO Chairman, Executive Committee International Organisation of Securities Commissions (IOSCO) & New Zealand Securities Commission 1

Global capital markets Cross-border capital flows and investment now US$6.4 trillion, 14.5% of world GDP Internationally acceptable regulatory frameworks are important for investor confidence 3

Three themes today Regulatory developments globally- International Organisation of Securities Commissions (IOSCO) Recent developments between Australia and New Zealand Private Equity and global regulatory frameworks 4

IOSCO International standards setter for securities regulation Members include regulators from 109 jurisdictions Members regulate and oversee 90% of world s capital markets Vision markets operate across the world on sound principles & standards regulators cooperate & exchange information across borders to enforce securities law 5

IOSCO Collaborates on issues of common concerns Joint Forum with Basle Committee and IAIS Work with Financial Stability Forum, IMF and World Bank Engage with others in international financial community 6

IOSCO s four priorities 1. Maintain its role as global standard setter for securities regulation Proactive in identifying new issues and developing appropriate responses Technical work programme is wide-ranging One example is our advocacy for IFRS & our IFRS database 7

IOSCO priorities 2. Implement IOSCO principles to raise level & consistency of regulation worldwide IOSCO Principles seek to ensure fair, efficient & transparent markets protect investors reduce systemic risk IOSCO provides technical assistance, advice & training for members 8

IOSCO priorities 3. Further develop & strengthen relationships with stakeholders Ensure that regulation is workable & accepted by market participants Technical Committee routinely seeks input from industry & professional bodies Collaborate with other international bodies as relevant 9

IOSCO priorities 4. Promote greater cooperation between regulators to combat cross-border fraud IOSCO MMOU enables cooperation & exchange of information for enforcement Deadline January 2010 for member regulators to join Currently 41 members are signatories & a further 15 committed to joining IOSCO provides technical assistance, advice & training for members 10

Trans Tasman Cooperation CER focus now on Single Economic Market Treaty on Mutual Recognition of Securities Offerings - 2006 Strong cooperation between ASIC and NZSC 11

Private Equity Global boom in size and breadth of activities Broadening of traditional focus- now private equity firms prominent in public company and debt markets UK 2006: Some research indicates public company acquisitions involving private equity exceeded value of IPO offerings to public market that year 12

Private Equity IOSCO interest - points of intersection between public & private markets: Private equity control and use of funds sourced from public investors Private equity firms active in markets for control of publicly-traded companies Private equity firms as promoters of IPOs after restructuring under private ownership 13

Hedge Funds Strong parallels between private equity and hedge funds IOSCO s work on hedge funds: Survey of regulatory environment of hedge funds in developed jurisdictions Report on hedge fund portfolio valuation, possibly final paper by end of year A new work stream on funds of hedge funds launched recently 14

In Summary IOSCO believes consistent, high quality regulation is essential for fair, efficient and transparent securities markets Cross border cooperation between regulators is a high priority New Zealand and Australia are leaders in cross border cooperation 15

Developments in Global Securities Regulation Jane Diplock AO Chairman, Executive Committee International Organisation of Securities Commissions (IOSCO) & New Zealand Securities Commission 17