The Role Of The Regulator In Dealing With Delinquency Of Securities Market; A Comparative Study Of Iran & United States

One of the principles governing the securities markets is the principle of institutional and organized supervision, which in Iranian law is done through the "Securities and Exchange Organization" and in American law, through the "Securities and Exchange Commission". Full and comprehensive supervision of securities markets is achieved when the scope of competence and authority of the regulatory body to prevent and deal with crimes and violations committed in the capital market, both in terms of regulation and operation. In American law, with a little carelessness, it can be argued that the jurisdiction of prosecutors to conduct investigations and obtain evidence has also been conferred on the Securities and Exchange Commission; As in Iranian law, with a little carelessness, it can be argued that the legislature has considered the role of "plaintiff" and "officer of justice" for the stock exchange organization in the face of crimes committed in the capital market. However, the application of each of these maps in each of the two legal systems is legally ambiguous and administratively flawed. The present article intends to explain the position and limits of authority of the regulatory body against the identification, follow-up and proof of crimes and violations of the securities market through a descriptive-analytical method and a library study through a comparative study of the two aforementioned legal systems.