Private Law
Mohammad Sadeghi
Abstract
The prospectus is an important document for the securities and exchange market activities that have several functions. It should be considered as a complementary document of the corporate statute and as well as one of the stock and exchange market regulations that were approved by both the stock exchanges ...
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The prospectus is an important document for the securities and exchange market activities that have several functions. It should be considered as a complementary document of the corporate statute and as well as one of the stock and exchange market regulations that were approved by both the stock exchanges organization and financial market supervisory. Financial market supervisory, Bourse, some financial institutions, issuers, and investors make the prospectus the source of numerous rights and duties that give it a special nature that is coming because of the relation between prospectus and those other organizations of the stock exchange market. In this article, the legal functions of the prospectus regarding the securities and exchange market actors will be reviewed. In the view of above, the nature of this issue, its legal status, its features and its value-added are to be mentioned. The prospectus has the joint features of the document (deed) and regulation, so it led to some effects in terms of public and private law that these rights and commitments form a variety of relations between actors. The prospectus reduces the possibility of investors being misled and harmed and covers the investor's risk and the responsibility of the investment service provider or issuers and their managers. While the prospectus can be considered as a consequence of the corporation’s statute because the type of commitment in it is an obligation and responsibility, not a debt — in a specific concept that is in the Islamic jurisprudence or contract law. Thus, it is necessary for the other features to be considered for it and to be interpreted beyond a contractual relation. First, its effect will be determined by the contents and rules governing it. Second, it has legal responsibility and liability disciplinary that the kind of these responsibilities depends on the subject and process of setting the prospectus.
Public Law
Farid Mohseni
Abstract
Corruption in the government is as old as the government itself and is a serious problem, and dealing with it is no less important than maintaining the security and survival of the government. Today, disclosure is considered as one of the ways to prevent and fight corruption and crimes in the government ...
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Corruption in the government is as old as the government itself and is a serious problem, and dealing with it is no less important than maintaining the security and survival of the government. Today, disclosure is considered as one of the ways to prevent and fight corruption and crimes in the government and in public organizations and institutions. Although the widespread use of disclosure in the form of motivating and supporting whistleblowers is not a definitive way to eradicate corruption, it is one of the tools of development, improving governance, and creating governments and organizations with moral and legal health. For this reason, the functions of disclosure in combating and preventing corruption are in the spotlight more than ever. Although some consider disclosure to be a form of espionage and espionage, in many countries this practice is seen as a result of courage, commitment and adherence to morality. Is. Exposers are considered to be the most important factor in preventing potentially dangerous mistakes from leading to disaster. But even the most famous and successful whistleblowers have all gone through a very difficult, long and risky path and have faced very strong reactions. Despite the growing emphasis on disclosure and efforts to provide legal protection to whistleblowers, the realization of this phenomenon still faces many obstacles. Paying attention to these barriers and analyzing them can be the basis for drafting laws and providing effective criminal protection to facilitate disclosure. Of course, paying attention to the boundaries of freedom of information and expression, information privacy, transparency and disclosure, as well as using the experiences of other legal systems as well as Iranian law sources, are key points of this process.