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January 2009

Why all financial entities, including hedge funds, must be regulated

by Charles Dumas


Who dropped the ball?
Investors can find value if they pick and mix


The debate about future regulation will rage, but some principles can be laid down:

• Transparency must be paramount

• Proper enforcement of existing regulation is the first priority, before creating new principles or extending existing ones

• Since all liabilities of all financial institutions, including contingent liabilities and off-balance-sheet items, have proved able to generate requirement for government support, regulation must be able to "reach" them

• International coordination is no longer avoidable, including catching offshore/tax-haven funds in the regulatory net (globally, and not just on a country-by-country basis)

• Bretton Woods II is a misnomer: Bretton Woods I was a fixed exchange rate regime, rather than regulatory, and China’s heavily managed yuan rate (with other Asian currencies often managed in parallel: the "soft pegs") is arguably already Bretton Woods II, and a thoroughly bad...


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