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Financial Services Regulatory Update - 18 May 2012
Topics in this issue:
  • FSA Feedback Statement on Recovery and Resolution Plan rules
  • FSA finalised guidance on payment for order flow arrangements
  • EBA Guidelines on Stressed Value-At-Risk and Incremental Default and Migration Risk Charge
  • European Supervisory Authorities consult on Financial Conglomerates Directive
  • 17 hours 18 min ago
    FSA releases finalised guidance on payment for order flow arrangements
    On 14 May 2012, the FSA issued its finalised guidance on payment for order flow arrangements following its October 2011 guidance consultation...
    17 hours 59 min ago
    Trustee Quarterly Review - May 2012
    Topics in this issue:
  • Pensions Regulator statement on scheme funding - business as usual?
  • CPI switch made simpler
  • Abolition of protected rights - amending scheme rules
  • Transfers of GMPs and section 9(2B) rights: rules are relaxed
  • Age discrimination - is cost a justification?
  • Fixed protection - HMRC changes its mind
  • Budget 2012 - changes to tax treatment of asset-backed pension contributions
  • The Pensions Regulator issues another FSD
  • EU pensions reforms and Solvency II
  • FATCA - relief at last for UK schemes?
  • Upcoming Pensions Group events at Mayer Brown
  • Dates and deadlines
  • 18 hours 21 min ago
    The Great fraud of China
    The Financial Services Authority has fined asset manager, Martin Currie Investment Management Limited, a total of £8.6 million for failing to deal with a conflict of interest between two of its clients, leading to a finding of corporate fraud in the US...
    18 hours 58 min ago
    The Euro Crisis - Contingency Planning for Asset Managers
    This paper takes a detailed look, as a matter of contingency planning, at legal issues which might arise for asset managers as a result of a contraction or restructuring of the Eurozone...
    19 hours 15 min ago
    Developments in U.S. Sanctions Against Burma
    The President announced that the United States will ease its prohibitions on the export of financial services to and new investment in Burma...
    19 hours 27 min ago
    Statement by President Barroso ahead of the G8 Summit
    Speech by José Manuel Durão Barroso; President of the European Commission; Joint EU press conference with European Council President Van Rompuy Council; Camp David, 18 May 2012...
    20 hours 23 min ago
    IFRS Balancing Items Newsletter: issue 2
    Highlights the amendments to IFRS issued as part of the IASB’s annual improvements process (2009-2011 cycle)...
    20 hours 37 min ago
    UN Resolution 2047 (2012)
    UN Resolution 2047 (2012) adopted by the Security Council on 17 May 2012...
    21 hours 12 min ago
    Breaching sanctions: The consequences
    The extensive utilisation of sanctions as a foreign policy tool is a comparatively recent development in the European Union. As such, there are limited examples of enforcement actions taken against those who breach sanctions, whether deliberately or accidentally...
    21 hours 29 min ago
    Eurozone and FSCS protection
    The continuing debate about the future of the Euro may be worrying for UK savers...
    22 hours 6 min ago
    Adam Posen to become new President of the Peterson Institute
    Adam Posen, an external member of the Bank’s Monetary Policy Committee, is to become the next President of the Peterson Institute for International Economics. Dr Posen will leave the MPC on 31 August at the end of his three-year term to take up this new role...
    22 hours 18 min ago
    Speech by Charlie Bean - What we know now: The BoE’s past 15 years
    Article by Charlie Bean, Deputy Governor for Monetary Policy, Bank of England, published by the Financial Times on 3 May 2012...
    22 hours 21 min ago
    Speech by the Chancellor of the Exchequer, Rt Hon George Osborne MP, to the EBRD 21st Annual Board of Governors meeting
    Speech made by the Chancellor of the Exchequer, Rt Hon George Osborne MP; 18 May 2012...
    22 hours 30 min ago
    Carousel Finance Limited
    For the reasons set out in this Final Notice, the FSA hereby takes the following action against Carousel Finance Limited...
    23 hours 44 min ago
    Ministry of Justice Seeks Consultation on the Introduction of Deferred Prosecution Agreements in the UK
    The Ministry of Justice initiated a consultation process following its proposal to introduce Deferred Prosecution Agreements in the United Kingdom as an enforcement tool to combat economic crimes by commercial organisations...
    3 days 16 hours ago
    Investor appetite continues to grow - European Investor Insights 2012
    PwC estimate that identified non-core loan portfolios in the European banking sector now exceed €2.5 trillion, representing 6% of European banking assets...
    3 days 16 hours ago
    Deferred Prosecution Agreements
    This consultation sets out proposals for an additional tool for prosecutors, the deferred prosecution agreement (DPA), to deal with serious economic crime committed by commercial organisations...
    3 days 16 hours ago
    Interaction of bank and insurer prudential regulations
    This paper summaries certain key differences between the business models of the bank and insurance sectors which drive the differing standards and highlights those areas where a greater co-ordination of the evolving regulatory frameworks could produce better macroeconomic outcomes...
    3 days 17 hours ago
    The JOBS Act and its Impact on Foreign Private Issuers
    On 5 April 2012, President Obama signed the Jumpstart Our Business Startups Act. Its stated purpose is to increase American job creation and economic growth by improving access to the US public capital markets for Emerging Growth Companies...
    3 days 17 hours ago
    Temporary suspension of sanctions against Burma/Myanmar
    On 14 May 2012 the Council of the EU finally adopted the Regulation required to implement its Decision of 26 April 2012 to suspend, for one year, the bulk of the restrictive measures applied to Burma/Myanmar in various forms since 1996...
    3 days 17 hours ago
    Group of Thirty report - A call to action on bank governance
    Corporate governance reforms at major private financial services firms still have a long way to go in securing financial stability...
    3 days 18 hours ago
    Burma/Myanmar: The Suspension of EU Sanctions "A New Chapter in Trade and Investment"
    With effect from 15 May 2012, all restrictive measures in respect of Burma/Myanmar - except the arms embargo and the embargo on equipment that might be used for internal repression - are suspended...
    3 days 18 hours ago
    What UCITS is what you get: ECJ prohibits French withholding tax on dividends paid to non-resident investment vehicles
    The ECJ has again held that a withholding tax levied by a European member state on dividends paid to non-residents - in this case investment vehicles - is an unjustified restriction on the freedom of movement of capital...
    3 days 18 hours ago
    Opportunities for Foreign UCITS to Introduce Claims Concerning Withholding Tax
    On May 10th, 2012, the European Court of Justice handed down an expected decision concerning the issue of the compatibility of the French withholding tax on dividends paid to foreign Undertaking for Collective Investments in Transferable Securities with the principle of freedom of movement of capital...
    3 days 19 hours ago
    Financial Regulatory Developments FReD - 18 May 2012
    Topics in this issue:
  • ECOFIN agrees CRD4
  • ECON votes on CRD4
  • FS Bill introduced in new session
  • HSBC wins on Shah issues
  • FSA fines bank and MLRO for AML breaches
  • IMA responds on AIFMD implementation
  • 3 days 19 hours ago
    Masamichi Kono of Japan FSA to lead IOSCO's new Board
    The IOSCO is pleased to announce the appointment of Mr. Masamichi Kono as Chairman of the new IOSCO Board...
    3 days 20 hours ago
    The MMoU: Ten years of Enhancing Cross-border Enforcement Cooperation
    The Annual Conference of the IOSCO in Beijing marks the 10th anniversary of the Multinational Memorandum of Understanding, the instrument used by securities regulators to help ensure effective global regulation and preserve and strengthen securities markets around the globe...
    3 days 20 hours ago
    IOSCO Prepares for the Regulatory and Financial Challenges Ahead
    The IOSCO opens its Annual Conference public sessions focusing on the themes of a new financial architecture for the post-crisis era, financial market infrastructures and market integrity, capital markets development in emerging markets, and regulation of commodity futures and financial derivatives...
    3 days 20 hours ago
    Letter from the Office of the Chief Accountant at the SEC
    ISDA received confirmation that the SEC staff supports the view that the novation of a bilateral OTC derivative contract to a clearing organization does not result in the termination of the original bilateral derivative contract and associated hedge relationship...
    3 days 20 hours ago
    Industry Response to the European Banking Authority on CVA risks
    Industry response sent to the European Banking Authority, on the following aspects of CVA risks: proxy spreads and market Loss Given Default...
    3 days 20 hours ago
    Second Meeting of the Financial Stability Board Regional Consultative Group for Asia
    Bank Negara Malaysia hosted the second meeting of the FSB Regional Consultative Group for Asia in Kuala Lumpur, Malaysia...
    3 days 21 hours ago
    Draft SI - The Statutory Auditors (Amendment of Companies Act 2006 and Delegation of Functions etc) Order 2012
    This Order amends the law relating to statutory auditors as defined in section 2010 of the Companies Act 2006...
    3 days 21 hours ago
    SI 2012/1301 - The Guinea-Bissau (Asset-Freezing) Regulations 2012
    These Regulations make provision relating to the enforcement of Council Regulation (EU) No. 377/2012 of 3 May 2012 restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau...
    3 days 22 hours ago
    SI 2012/1302 - The Burma/Myanmar (Financial Restrictions) (Suspension) Regulations 2012
    Council Regulation (EC) No. 194/2008 of 25 February 2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No. 817/2006 contains various sanctions measures imposed in respect of Burma/Myanmar...
    3 days 22 hours ago
    Fawad Afzal Choudhry
    For the reasons given in this Notice in this Final Notice, the FSA has taken the following action against Fawad Afzal Choudhry...
    3 days 23 hours ago
    OP42: Measuring the impact of prudential policy on the macroeconomy - A practical application to Basel III and other responses to the financial crisis
    When financial regulators require banks to hold a higher ratio of equity capital to debt funding, banks incur short-term costs as they adjust their balance sheets and lose some of the advantages associated with their existing funding mix...
    3 days 23 hours ago
    Consolidated List of Financial Sanctions Targets in the UK (17 May 2012)
    The consolidated list of asset freeze targets has been updated as at 17 May 2012...
    3 days 23 hours ago
    Al Qaida (Reg 415/2012) (17 May 2012)
    This notice is issued in respect of the restrictive measures directed against certain persons and entities associated with the Al-Qaida network...
    3 days 23 hours ago
    Changes to website 'cookies'
    The way websites in the UK use cookie files is about to change - but with the right guidance and information individuals and organisations will find it is actually a very simple transition...
    3 days 23 hours ago
    The JOBS Act - a threat to UK listings?
    On 5 April 2012, President Obama signed the Jumpstart Our Business Startups Act into law. The JOBS Act is a combination of various legislative initiatives introduced throughout 2011, primarily focused on encouraging capital formation and job creation by small-and medium-sized companies in the United States...
    4 days 2 min ago
    Basel 3 in 5 questions: Keys to understanding Basel 3
    The European Union finds itself in the middle of a crisis that rivals that of 1929. Banking crises are not rare events; there have been thirty since 1985, each leading to very high costs for society...
    4 days 17 hours ago
    Newsletter Issue No. 9
    Mortgage possessions have levelled off, reflecting a concerted effort by borrowers, lenders, the government and debt advisers. But economic conditions are challenging, so the commitment must be maintained if CML are to keep the number of possessions in check in future...
    4 days 17 hours ago
    IFRS Disclosure checklist - Interim financial reports (2012)
    This publication will help you in preparing interim financial reports in accordance with IAS 34 Interim Financial Reporting. It lists the minimum disclosures required by IAS 34 and in limited circumstances, includes the requirements from other standards for ease of reference...
    4 days 19 hours ago
    FSA thematic review into anti-bribery and corruption systems and controls
    From August 2011 to January 2012, the FSA visited 15 firms, including eight major global investment banks and a number of smaller firms as part of its thematic review into ABC systems and controls in investment banks...
    4 days 19 hours ago
    In the Debt Markets - Issue 3
    Early year optimism appeared to stabilise markets but the effects of the Long Term Refinancing Operation appear to be waning as secondary asset prices fell in April 2012. Market sentiment has taken a turn for the worse and volatility has returned with a bang in the European markets...
    4 days 19 hours ago
    Financial sector update - May 2012
    Topics in this issue:
  • Buying property debt
  • PRIME Finance: an industry driven solution?
  • TUPE’s service provision change: all the latest guidance
  • FSA demonstrates why Listing Rule compliance policies are so important
  • Taxation of post-termination employee share and share option gains: changes ahead?
  • AIFMD - high winds forecast for the final summit attempt!
  • What do the MiFID II proposals mean for the commodity derivatives market?
  • 4 days 20 hours ago
    EBA Guidelines on the Incremental Default and Migration Risk Charge (IRC)
    These Guidelines include provisions on the IRC modelling approaches employed by credit institutions using the Internal Model Approach for the calculation of the required capital for specific interest risk in the trading book...
    4 days 20 hours ago
    EBA Guidelines on Stressed Value at Risk (Stressed VaR)
    These Guidelines are seen as an important means of addressing weaknesses in the regulatory capital framework and in the risk management of financial institutions. Their objective is to contribute to a level playing field and to enhance convergence of supervisory practices across the EU...
    4 days 21 hours ago
    Public Statement at the 2012 IOSCO Annual Conference
    Speech by Steven Maijoor; ESMA Chair; Beijing, 16 May 2012...
    4 days 21 hours ago
    Central Bankers’ speeches 16 May 2012
  • Financial economics
    Ong Chong Tee
  • Albania's economic and financial developments in 2011
    Ardian Fullani
  • Prescriptions for housing recovery
    Elizabeth A Duke
  • Monetary policy in times of crisis. Why central banks talk to one another
    Thomas Jordan
  • 4 days 22 hours ago
    Public and private sector partnership in fighting financial crime
    The FATF Secretariat participated in the Financial Crime Symposium hosted by the Law Society of England and Wales on 15 May 2012 in London, United Kingdom...
    4 days 22 hours ago
    Consolidated List of Financial Sanctions Targets in the UK (16 May 2012)
    The consolidated list of asset freeze targets has been updated as at 16 May 2012...
    4 days 22 hours ago
    Burma/Myanmar (Reg 409/2012) (16 May 2012)
    This notice is issued in respect of the asset freezing measures and the investment ban directed by the European Union against Burma/Myanmar...
    4 days 22 hours ago
    Inflation Report - May 2012
    Topics in this issue:
  • Overview
  • Money and asset prices
  • Demand
  • Output and supply
  • Costs and prices
  • Prospects for inflation
  • 4 days 23 hours ago
    FSA decides to ban BGC senior executive Anthony Verrier
    The FSA has published a decision notice indicating that it has decided to prohibit Anthony Verrier from performing any function in relation to any regulated activity in the financial services industry. The FSA believes that Verrier is not a fit and proper person due to concerns over his honesty, integrity and reputation...
    4 days 23 hours ago
    FG12/14 - Transaction reporting of strategy trades
    This guidance applies to exchange traded strategy trades whereby two or more legs that are dependent on each other are executed simultaneously. This guidance applies to transaction reports submitted to the FSA...
    4 days 23 hours ago
    Mr Anthony Verrier
    The FSA has decided to make an order, pursuant to section 56 of the Act, prohibiting Mr Verrier from performing any function in relation to any regulated activity carried on by any authorised or exempt person or exempt professional firm, because it appears to the FSA that Mr Verrier is not a fit and proper person due to concerns over his honesty, integrity and reputation...
    4 days 23 hours ago
    Landmark decision in Shah v HSBC Private Bank brings welcome relief for firms
    After four and half years, six reported decisions, three trips to the Court of Appeal and 27 days of trial, the High Court of Justice has dismissed in its entirety Mr Shah and his wife’s claim for over US$300m against HSBC Private Bank (UK) Limited...
    4 days 23 hours ago