Anthony R.G. Nolan

Anthony R.G. Nolan

K&L Gates LLP

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SEC Finalizes Cross-Border Rule for Security-Based Swaps

On June 25, 2014, the United States Securities and Exchange Commission (“SEC”) adopted the first in a series of final rules and interpretive guidance related to U.S. regulation of cross-border security-based swap activities....more

7/2/2014 - CFTC Cross-Border Dodd-Frank Final Rules Major Swap Participants SEC Swaps

The Extra-territorial Impact of EMIR on Non-EU Swap Counterparties

On November 18, 2013, the European Securities and Markets Authority (“ESMA”) published its final report on technical standards detailing how the regulation of over-the-counter (“OTC”) derivative contracts in the European...more

12/10/2013 - EMIR ESMA EU Extraterritoriality Rules OTC Swaps

Allocation of FATCA Withholding Risk in Financial Transactions Outside the United States

The U.S. Treasury Department has delayed implementation of FATCA once again. However, this delay may be the last, and a phased implementation of FATCA is scheduled to begin on July 1, 2014. FATCA introduces the potential for...more

10/23/2013 - Extraterritoriality Rules FATCA FFIs International Tax Issues U.S. Treasury Withholding Requirements

Back to the Drawing Board: Regulatory Agencies Re-Propose Risk-Retention Rules for Securitizations

On August 28, 2013, a consortium of U.S. banking, housing and securities regulators (the “Agencies”) re-proposed the joint regulations (the “Re-Proposed Rules”), to implement Section 15G of the Securities Exchange Act of...more

10/22/2013 - Banks CMBS Risk Retention Securities Exchange Act

CFTC Guidance on Cross-Border Application of United States Swap Regulations

Introduction - On July 12, 2013, the Commodity Futures Trading Commission (the “CFTC”) adopted interpretive guidance (the “Guidance”) that details the CFTC’s interpretation of the application of the Commodity Exchange...more

9/23/2013 - CEA CFTC Cross-Border Dodd-Frank Foreign Branches of U.S. Banks Major Swap Participants No-Action Relief Swap Dealers Swaps

Securitisation as a means to finance distributed solar projects

Permission to use this reprint has been granted by the publisher Financier Worldwide. The future of solar energy in the US appears uncertain. With investment tax credits set to expire in 2016 the solar industry may lose...more

1/28/2013 - Funding Renewable Energy Securitization Solar Energy

Swap Clearing and the Commercial End User Exception: Corporate Governance and Risk Management Issues for Commercial Companies

Central clearing of over-the-counter derivatives is a central pillar of the financial services reforms that are embodied in the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”). The presumption...more

1/18/2013 - Commercial End-User Exception Corporate Governance Dodd-Frank End-Users Risk Management Swap Clearing Swaps

CFTC Classifies Certain Securitization Vehicles as Not Being Commodity Pools

Recent changes to the commodity pool regulations under the Commodity Exchange Act (the “CEA”) may subject certain securitization transactions and their managers to regulation by the Commodity Futures Trading Commission (the...more

12/24/2012 - CEA CFTC Commodity Pool Securitization Vehicles

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