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.
Restoring the markets in a financial crisis - the 2012 capital markets report
With contributions from over 100 senior corporate decision-makers and professional advisors, this white paper highlights the key issues for consideration and implementation by potential entrants to the markets, existing issuers and market participants.
Financial services update: UCITS Directive; shadow banking recommendations; securitisation regulation
Macfarlanes' financial services update offers news and comment on the key issues of the week, including ESMA's opinion on UCITS investment in collectives; the EVCA handbook of professional standards; FSB recommendations on shadow banking; IOSCO's final report on securitsation regulation; and more.
A brief guide to the EU Short Selling Regulation
The new European Regulation on short selling and certain aspects of credit default swaps is intended to create an EU common regulatory framework for dealing with short selling issues. Macfarlanes looks in detail at how the regulation will work in practice.
US announces more than 50 countries now engaged in FATCA discussions
The US Treasury Department has announced that it is engaging in discussion with more than 50 countries to develop an intergovernmental approach to the implementation of the Foreign Account Tax Compliance Act. DLA Piper outlines the background to this development and details the countries involved.
Inside the US Government's highly-anticipated Foreign Corrupt Practices Act guidance
On 14 November 2012, a new resource guide to the US Foreign Corrupt Practices Act was issued by the Department of Justice and the Securities and Exchange Commission. Baker & McKenzie provides a synopsis of the most important provisions of this 120 page document.
Basel III reforms: how easy will it be to mitigate CVA capital charges?
One of the most important, and also controversial, reforms under the Basel III framework is the introduction of credit valuation adjustment into calculations of counterparty credit risk capital. Baker & McKenzie analyse Article 375 on eligible hedges to see what guidance it can provide.
Private Equity Legal Update – October 2012
Under consideration in this white paper are the latest legal and regulatory developments affecting private equity, including recent case law, changes to company law, tax, corporate governance, pensions and accounting.
Framework legislation on ring-fencing and depositor preference published
The draft Financial Services (Banking Reform) Bill published recently. It is the first legislative step toward implementing recommendations of the Independent Commission on Banking. This white paper reviews the Bill, updates on the status of other ICB recommendations and looks at next steps.
Setting the Stage: FATCA Compliance
The Foreign Account Tax Compliance Act stands to transform the global tax framework and how financial institutions track and report on their clients’ financial assets. With the law slated to come into effect in 2013, its implications and how financial institutions need to prepare is considered.
Meeting the Requirements of Emerging Regulations in Finance, Risk and Treasury Operations
Banks must meet ever more varied regulations. The sheer scale and scope of banking regulations, including Dodd-Frank, Basel III and IFRS, pose challenges to all financial institutions. This white paper discusses how to minimise these risks through aligning finance, risk and treasury operations.