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When it published its thoughts on ringfenced banks in October, the Bank of England said the submitted plans "would ideally include provisional UK holding company and UK regulated entity balance sheets and profit and loss statements, enabling supervisors to assess the viability and sustainability of the entities and their level of going and gone-concern capitalisation".
Moreover: "the processes and procedures that a contributing bank has to follow are within the regulated environment, and therefore the processes and procedures of a regulated entity are for the regulator".
In that sense, the rule could be characterized as "voluntary," [as Kavanaugh describes it], but in much the same way that just about any regulation could be considered voluntary, insofar as a regulated entity could always transform its business to such an extent that it is no longer in the line of business covered by the regulation.
As those at Fidelity see it, the late-trading cases that have arisen in the scandal illustrate how important it is to have the time-stamps in the firm grip of a neutral, regulated entity -- not in the hands of intermediaries who may have a big stake in whether an order from a valued, big-bankroll customer makes the deadline.
Lipner: Lehman is not a regulated entity.
The critical factor in determining the existence of state action is not governmental involvement with private persons or private corporations, but "the inquiry must be whether there is a sufficiently close nexus between the State and the challenged action of the regulated entity so that the action of the latter may be fairly treated as that of the State itself".
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That was the logic of creating a "topco" holding company in which the regulated entities sit underneath.
The government is not opposed to any particular technology, Mr. Forson explained, but merely wants "regulated entities to provide telephone service," not unlicensed and untaxed wildcatters.
Because several of those newly regulated entities — including municipal advisers, credit rating agencies and derivatives clearing agencies — are not named in the legislative history relating to the Freedom of Information Act and the Sunshine Act, it is not clear that F.O.I.A. case law would apply to them, she said.
Fannie Mae and Freddie Mac were exceedingly highly regulated entities.
We have a criminal background check, DMV record check and $1 million excess liability insurance policy that all exceed measures taken by currently regulated entities.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com