Carolyn H. Jackson

Carolyn H. Jackson

Katten Muchin Rosenman LLP

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Corporate and Financial Weekly Digest - Volume XI, Issue 5

SEC/CORPORATE - SEC Approves FINRA’s Funding Portal Rules - On January 22, the Securities and Exchange Commission approved the Financial Industry Regulatory Authority’s funding portal rules and related forms for...more

2/8/2016 - Crowdfunding Cybersecurity Deposit Insurance Derivatives Clearing Organizations Dodd-Frank ESMA Funding Portal Major Swap Participants MiFID II Pension Schemes

ESMA Publishes European Commission Letter on AIFMD Passport

On January 19, the European Securities and Markets Authority (ESMA) published on its website a letter it received from the European Commission (Commission), dated December 17, 2015. The letter is in response to guidance and...more

1/28/2016 - AIFMD ESMA EU EU Passport European Commission

Corporate and Financial Weekly Digest - Volume XI, Issue 3

SEC/CORPORATE - SEC Settles With Adviser That Allegedly Overcharged Management Fees and Misled Investors - On January 19, the Securities and Exchange Commission announced that it had settled with Equinox Fund...more

1/25/2016 - EU Fixing America’s Surface Transportation Act (FAST Act) Hart-Scott-Rodino Act Management Fees No-Action Relief REMIT Swaps

European Union Single Resolution Mechanism is Operational

On January 1, the Single Resolution Mechanism (SRM) became fully operational. The SRM implements the European Union Bank Recovery and Resolution Directive (BRRD). The SRM is designed to strengthen the resilience of the...more

1/14/2016 - BRRD EU European Commission

Corporate and Financial Weekly Digest - Volume XI, Issue 1

SEC/CORPORATE - PCAOB Adopts New Rules Requiring Disclosure of Participants in an Audit - On December 15, 2015, the Public Company Accounting Oversight Board (PCAOB) adopted new rules and related amendments to...more

1/11/2016 - Banking Sector C&DIs Examination Priorities Fixing America’s Surface Transportation Act (FAST Act) M&A Brokers Pay-To-Play PCAOB Regulation Technical Standards (RTS) SEC

ESMA Publishes Updated Q&A on AIFMD

On December 2, the European Securities and Markets Authority published an updated Questions and Answers (Updated Q&A) on the Alternative Investment Fund Managers Directive (AIFMD). The Updated Q&A focuses on Section III...more

12/17/2015 - AIFMD ESMA EU Financial Markets Reporting Requirements

Corporate and Financial Weekly Digest - Volume X, Issue 47

SEC/CORPORATE - FAST Act Legislation and Impact on Securities Law - On December 4, President Obama signed into law the Fixing America’s Surface Transportation Act (FAST Act). This transportation bill includes...more

12/14/2015 - AIFMD CFTC Cybersecurity Disclosure Requirements Emerging Growth Companies ESMA EU FINRA Fixing America’s Surface Transportation Act (FAST Act) SEC

Clearing To Commence in the European Union in June 2016

On December 2, the European Securities and Markets Authority issued a press release stating that clearing as required under the European Market Infrastructure Regulation would commence on June 21, 2016. This date follows the...more

12/10/2015 - EMIR ESMA EU Financial Markets Interest Rate Swaps Technical Standards

Questions and Answers Concerning the Final Prudential Regulator Margin Rules for Non-Cleared Swaps

BACKGROUND - The five US prudential regulators for swaps (the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve, the Comptroller of the Currency, the Farm Credit Administration and the...more

12/9/2015 - Covered Swap Entities (CSE) Financial Markets Margin Requirements Non-Cleared Swaps Swap Dealers

Corporate and Financial Weekly Digest - Volume X, Issue 46

SEC/CORPORATE - Proxy Advisory Firms Release Policy Updates for 2016 - Institutional Shareholder Services (ISS) and Glass Lewis, two leading proxy advisory firms, recently published their 2016 proxy voting...more

12/7/2015 - Banking Sector Broker-Dealer CFTC EU FINRA MiFID II OCC Overboarding Proxy Voting Guidelines SEC Shareholder Proposals Waiting Periods

ESMA Issues Public Statement on Collateralization of Bank Guarantees for Energy Derivatives

On November 19, the European Securities and Markets Authority (ESMA) issued a public statement (Public Statement) regarding its decision not to extend the current three year grace period which permits non-financial firms to...more

11/25/2015 - Bank Guarantees Derivatives EMIR Energy Sector ESMA

Corporate and Financial Weekly Digest - Volume X, Issue 45

SEC/CORPORATE SEC Commissioner Piwowar Speaks at Current Financial Reporting Issues Conference - On November 16, Securities and Exchange Commissioner Michael Piwowar addressed the 34th Annual Current Financial Reporting...more

11/23/2015 - Alternative Trading Systems Anti-Money Laundering ESMA Financial Sector IFRS SEC

FCA Publishes Policy Proposals and Handbook Changes Related to the Market Abuse Regulation

On November 5, the UK Financial Conduct Authority (FCA) published a consultation paper (Consultation Paper), which sets out the FCA’s proposal for the necessary changes to the FCA Handbook to implement the Market Abuse...more

11/12/2015 - Comment Period Consultation Financial Conduct Authority (FCA) Market Abuse UK

Highlights of the Final Prudential Regulator Margin Rules for Non-Cleared Swaps

The US prudential regulators (the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve, the Comptroller of the Currency, the Farm Credit Administration and the Federal Housing Finance Agency)...more

11/11/2015 - Final Rules Major Swap Participants Margin Requirements Non-Cleared Swaps Prudential Regulation Authority

Corporate and Financial Weekly Digest - Volume X, Issue 43

SEC/CORPORATE - SEC Proposes Amendments to Rules 147 and 504 - On October 30, the Securities and Exchange Commission proposed amendments to modernize: (1) Rule 147, promulgated under the Securities Act of 1933...more

11/9/2015 - Enforcement Actions MiFID II Rule 147 Section 504 SEFs UK

ESMA Publishes Responses to the Consultation on Draft RTS Under the ELTIF Regulation

On October 20, the European Securities and Markets Authority (ESMA) published the responses received to its consultation on Draft Regulatory Technical Standards (draft RTS) under Regulation (EU) 2015/760 (ELTIF Regulation)....more

10/29/2015 - Alternative Investment Funds ESMA EU Investment Funds Regulation Technical Standards (RTS)

Corporate and Financial Weekly Digest - Volume X, Issue 41

SEC/CORPORATE - SEC To Hold Forum on Small Business Capital Formation in November - On October 21, the Securities and Exchange Commission announced that it will hold its annual Government - Business Forum on Small...more

10/26/2015 - AML/CFT Banks Capital Formation Deposit Insurance ESMA EU European Banking Authority FDIC JOBS Act Margin Requirements Regulation Technical Standards (RTS) SEC Small Business Startups Uncleared Swaps

ESMA Adds Index CDS to EMIR Mandatory Clearing Obligations

On October 2, the European Securities and Markets Authority (ESMA) finalized and issued a draft regulatory standard (RTS) for the mandatory clearing of certain credit default swaps (CDS) as required under the European Market...more

10/14/2015 - Counterparties Credit Default Swaps EMIR ESMA EU European Commission Interest Rate Swaps Regulation Technical Standards (RTS)

Corporate and Financial Weekly Digest - Volume X, Issue 39

SEC/CORPORATE - House Passes Disclosure Modification and “4(a)(1)(1/2)” Bills - On October 6, the US House of Representatives passed the Disclosure Modification and Simplification Act of 2015 (H.R. 1525), which, if...more

10/12/2015 - Advisory Committee CFTC Derivatives EMIR Equity Research Rule ESMA EU FINRA Form 10-K Market Risk Capital Rule NASD Registration Requirement Regulation S-K SEC

ESMA Publishes Final Report and Draft Regulatory and Implementing Technical Standards on MiFID II and MiFIR

On September 28, the European Securities and Markets Authority (ESMA) published a final report (Report) containing draft regulatory and implementing technical standards (Standards) on the revised EU Markets in Financial...more

10/9/2015 - Commodities Derivatives ESMA EU Financial Institutions Information Reports MiFID II MiFIR Regulation Technical Standards (RTS) Technical Standards

ESMA Publishes Final Report and Draft Technical Standards on New EU Market Abuse Rules

On September 28, the European Securities and Markets Authority (ESMA) published a final report (Report) containing draft regulatory technical standards (RTS) and implementing technical standards (ITS) on the new EU Market...more

10/9/2015 - ESMA EU European Commission Technical Standards Trade Market Abuse

CFTC Proposes Revisions to Pending Aggregation Rules

The Commodity Futures Trading Commission (CFTC) has voted to seek public comment on revisions to its proposed rules requiring the aggregation of certain accounts for purposes of the CFTC's speculative position limits. If...more

9/29/2015 - Affiliates Aggregation Rules CFTC Comment Period Exemptions Proposed Regulation Subsidiaries

ESMA Raises Market Risk Indicator for European Securities to Highest Level

On September 14, the European Securities and Markets Authority (ESMA) published its Trends, Risks and Vulnerabilities Report No. 2 for 2015 (the TRV) on the European securities markets. The TRV covers the time period from...more

9/23/2015 - Banking Sector ESMA EU Financial Markets Information Reports Risk Alert Shadow Banking

Corporate and Financial Weekly Digest - Volume X, Issue 36

BROKER-DEALER SEC - Extends Specified Temporary Relief Related to Security-Based Swaps - On September 15, the SEC issued an order extending temporary exemptions and exceptions from compliance with certain...more

9/21/2015 - BEA Broker-Dealer CFTC Derivatives ESMA EU Financial Conduct Authority (FCA) Investment Adviser Investment Companies SEC Securities Exchange Act Security-Based Swaps UK

ESMA Publishes Discussion Paper on EMIR Standards Relating to CCP Client Accounts

On August 27, the European Securities and Markets Authority (ESMA) published a discussion paper (Discussion Paper) on the review of Article 26 of ESMA’s Regulatory Technical Standards (153/2013) (RTS) under the European...more

9/3/2015 - Central Counterparties Consultation Derivatives Clearing Organizations Discussion Draft EMIR ESMA EU European Commission

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