La Constitucionalidad de las Facultades Normativas conferidas a la Superintendencia Nacional de Valores conforme a la legislación vigente
The purpose of this paper is to determine the constitutionality of the regulating faculties, tasked by law to the current regulating capital market entity - the National Securities Commission. It is important to note that the project for this research was submitted during the Capital Market Act of 1...
Αποθηκεύτηκε σε:
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2015
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| Διαθέσιμο Online: | http://hdl.handle.net/10872/12035 |
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| Περίληψη: | The purpose of this paper is to determine the constitutionality of the regulating faculties, tasked by law to the current regulating capital market entity - the National Securities Commission. It is important to note that the project for this research was submitted during the Capital Market Act of 1998, whose normative text was repealed by the introduction of the Securities Market Act (published on August 17, 2010 in the Official Gazette of the Bolivarian Republic of Venezuela.), for which we think a comparative analysis of both legal texts should be done (the repealed and the present), so as to establish the existence of the regulating powers in both the Capital Market Act and the new Act, hence examining its constitutionality. To undertake the aforementioned analysis, the following specific objectives have been established: (a) Examine the constitutional guideline for the capital market. (b) Effectuate a comparative analysis of the supervisory organisms as established by the former Capital Market Act and the present Securities Market Act. (c) Describe the regulating powers of the regulator. (d) Analyze the regulatory powers of the National Securities Commission ascribed by Law. (e) Examine the legality of the norms dictated by the regulator within its jurisdiction as established in article 32 of the Capital Market Act and article 16 of the Securities Market. The methodology used in this study was documental due to the author´s formalist perspective, which implied the review of Venezuelan and foreign legislative documents, doctrine and jurisprudence. |
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