Financial Instruments and the Capital Markets (2024)

Capital Markets, Derivatives, and the Law: Positivity and Preparation (3rd edn)

Alan N. Rechtschaffen

Published:

2019

Online ISBN:

9780190879662

Print ISBN:

9780190879631

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Capital Markets, Derivatives, and the Law: Positivity and Preparation (3rd edn)

Alan N. Rechtschaffen

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Alan N. Rechtschaffen

Alan N. Rechtschaffen

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Pages

47–C5.N58

  • Published:

    May 2019

Cite

Rechtschaffen, Alan N., 'Financial Instruments and the Capital Markets', Capital Markets, Derivatives, and the Law: Positivity and Preparation, 3rd edn (New York, 2019; online edn, Oxford Academic, 23 May 2019), https://doi.org/10.1093/oso/9780190879631.003.0005, accessed 20 Mar. 2024.

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Abstract

This chapter begins with a discussion on the capital markets. It compares primary and secondary markets, and long-term versus short-term marketplaces. This is followed by a case study on the auction rate securities (ARS) market. The second section discusses financial instruments, covering the types of financial instruments (equity-based financial instruments, debt-based financial instruments, derivatives, cryptocurrency and digital assets), and the distinction between debt and equity, and federal regulation. The final section deals with the role of the attorney. It discusses competent representation, the duty to advise the client, drafting financial instruments, regulatory compliance, and the issuance of opinion letters to clients regarding the implications of financial transactions.

Keywords: capital markets, ARS market, financial instruments, debt, equity, cryptocurrency, digital assets, attorney

Subject

Company and Commercial Law

Collection: Oxford Scholarship Online

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