Regulation
705 white papers and resources
Regulation underpins the practices and procedures of every single activity undertaken by the banking and finance communities: from what information needs to be contained in a disclosure document through to what constitutes bribery. Regulation is increasingly in focus, as the world’s governments struggle to bring us all back to financial stability. Below you will find law and regulation white papers that will show you the latest developments and what you need to do so your organisation stays within the law.
EMIR - what are the margin requirements for uncleared OTC derivatives?
Much of EMIR is now coming more clearly into focus. But a major unknown has for a long time been the question of margin requirements for uncleared OTC derivatives. BCBS/IOSCO has published its second consultation paper. This white paper considers the implications of these near finalised proposals.
Investment funds: a comprehensive review and guide to the year ahead
There is little doubt that 2012-2013 is a period of significant change for the investment funds industry. Understandably, there has been a lot of attention given to the AIFMD, but there have been and will be other developments of considerable importance to the alternative investment funds market.
European Parliament withdraws objection to EMIR technical standards
The EC recently withdrew its objection to legislation adopted by the European Commission for technical standards on OTC derivatives, central counterparties and trade depositories. The reasons for the objections, how the compromise was agreed and what this means for the finance industry is reviewed.
AIFMD implementation – issues for operators of regulated funds
Alternative funds have for some time been anxious about how their business will need to change in light of the regulatory burden imposed by the forthcoming implementation in the UK of the Alternative Investment Fund Managers Directive. This white paper discusses the issues and risks involved.
Proposals for better management of non-financial risks within the European fund management industry
This white paper offers a review and proposes methods of limiting non-financial risks within the European fund management industry which emerged during the 2007-2008 crisis and undermined the quality of the UCITS label.
Nothing ventured, nothing gained: a guide to the European Venture Capital Fund Regulation
This white paper provides an overview of the proposed European Venture Capital Fund Regulation, focused on encouraging venture capital financing. Set to come into force at the same time as the Alternative Investment Fund Managers Directive, all key implications are discussed.
Sovereign debt contracts and the effects of recent case law on bondholders
Recent case law shows how sovereign debt contracts may impact bondholders if s sovereign has also issued bonds which are governed by a particular jurisdiction. This white paper discusses the outcome and implications.
Hong Kong moves forward with Islamic bond market
In October 2012, the Financial Services and the Treasury Bureau issued consultation conclusions concerning facilitating the development of an Islamic Bond Market in Hong Kong. This white paper set out some of the key proposals and implications for this development.
UBS and rogue-trading: an insight into prevailing regulation
UBS was recently fined £29.7m as a consequence of the much-publicised rogue-trading activities of Kweku Adoboli. Macfarlanes provides a summary and outlines why the UBS Final Notice emphasises the importance placed by the FSA on an institution's first line of defence.
Transform to Grow: The New Face of Banking
Banks have seen tremendous changes occurring in the way they need to serve corporate customers. Key drivers include slow economic growth and the effects of regulatory changes. This white paper looks at the impact that these challenges have on banks and what technology can do to support the new face…