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Despite the popularity of self-regulatory organizations in practice, from the perspective of organizational theory these organizations remain much a mystery. Research on institutional change suggests that the very organizations that self-regulation scholars identify as most likely to either become or spin off self-regulatory organizations are likely to resist the changes that precipitate self-regulation's emergence (Andrews, 2002; Mottl, 1980; Zald & Ussem, 1987). The purpose of this dissertation is to explore the process through which self-regulatory organizations emerge from traditional industry associations. By selecting a single prototypical case of the effective emergence of a self-regulatory organization from an existing industry level organization, I aim to understand the process and drivers of this significant organizational transformation. The case that I analyze is the development of an environmental self-regulatory certification system in the US Forest Products Industry, significant organizational transformation. I focus on two broad questions; (1) how did structural elements of the self-regulatory organization and its relationship with its external environment change in a way that allowed the organization to be taken seriously as an effective self-regulatory body, and (2) how did the rhetoric of the self-regulatory organization facilitate and contextualize these structural changes. I argue that rhetoric combines with more concrete changes, enabling industry associations to create effective self-regulatory bodies and therefore attempt to exert control and manage the rate and nature of environmental change.

Self-regulatory Organizations

United States. Congress. House. Committee on Financial Services. Subcommittee on Capital Markets, Insurance, and Government Sponsored Enterprises

Published: 2006

Total Pages: 136


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As competition among markets has increased, so have some market participants' concerns about the inherent conflicts of interest that securities self-regulatory organizations (SRO) face in their dual roles as market operators & regulators. This report describes how the SEC, the NASD, & the NYSE have been addressing concerns about: the impact of increased competition, including demutualization, on the ability of SROs to effectively regulate members with which they compete, & possible regulator inefficiencies associated with broker-dealer membership in multiple SROs. Describes alternative approaches that some securities market participants have discusses as a means of addressing concerns about the current self-regulatory structure.
Securities industry self-regulatory organizations (SROs) began as private sector membership organizations of securities industry professionals. This article addresses the questions of whether, and to what extent, securities industry SROs have become government agencies, and whether, and to what extent, they should be subject to constitutional and statutory controls on government agencies. It focuses principally on the Financial Industry Regulatory Agency (FINRA), a new entity which combined the National Association of Securities Dealers, Inc. (NASD) and the member regulation functions of NYSE Group, Inc. (NYSE). The cases addressing these critical issues are contradictory, and generally not based on any overriding constitutional law principles. In some areas, the courts have just stated that an SRO is exercising delegated governmental power. In other areas, the courts have just stated that an SRO is a private membership organization. Sometimes, courts have distinguished between the commercial and regulatory functions of SROs, in order to draw lines separating the laws applicable to government agencies from private sector organizations. The article will conclude that as long as the securities industry, rather than the SEC, controls the governance of FINRA and the selection of its Board of Governors, FINRA should not be held to be a government entity. This conclusion may be surprising to scholars and lawyers who have not considered the implications of changed SRO governance. Nevertheless, when FINRA is exercising investigative and disciplinary functions it should be treated like a government agency. Furthermore, to the extent practicable FINRA should operate according to transparency standards applicable to government bodies. Striking the right balance between private sector flexibility and constitutional and administrative law protections is critical to the future operation of FINRA and other securities industry SROs.
Self-regulatory organizations : exploring the need for reform : hearing before the Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises of the Committee on Financial Services, U.S. House of Representatives, One Hundred Ninth Congress, first session, November 17, 2005.
Securities and Exchange Commission: Opportunities Exist to Improve Oversight of Self-Regulatory Organizations
Conflicts of Interest in Self-Regulation and Self-Regulatory Organizations (SROs) (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition) The Law Library presents the complete text of the Conflicts of Interest in Self-Regulation and Self-Regulatory Organizations (SROs) (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition). Updated as of May 29, 2018 This book contains: - The complete text of the Conflicts of Interest in Self-Regulation and Self-Regulatory Organizations (SROs) (US Commodity Futures Trading Commission Regulation) (CFTC) (2018 Edition) - A table of contents with the page number of each section