Jeremy C. Jennings-Mares

Jeremy C. Jennings-Mares

Morrison & Foerster LLP

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Structured Thoughts: Volume 5, Issue 4 - May 30, 2014

In This Issue: - No More KIDding Around: European Parliament Approves PRIIPs Regulation - FINRA Amends Rule 5110 to Exempt Certain Collective Investment Vehicles from Its Filing Requirements - The Time for the...more

7/15/2014 - Compliance EU Financial Regulatory Reform FINRA Foreign Investment Investors SEC

Breaking the ISDA Section 2(a)(iii) Insolvency Stalemate

On 19 June 2014, the International Swaps and Derivatives Association (“ISDA”) published an amendment to the ISDA Master Agreement for use in relation to section 2(a)(iii) of that agreement, for parties who wish to amend their...more

7/2/2014 - Default Derivatives ISDA ISDA Master Agreement OTC

Structured Thoughts: Volume 5, Issue 5 - June 25, 2014

In This Issue: - The 1996 Morgan Stanley Letter: Re-imagined at the Age of 18 - Structured CDs – Goodbye Regulation DD, Hello Regulation DD - FCA Issues Fine in Relation to Structured Product...more

6/26/2014 - Banks Disclosure Requirements EDGAR ESMA Financial Products IPO Morgan Stanley Public Disclosure Regulation D SEC Securities Truth in Savings Act

Collateralising Uncleared Derivatives Trades under EMIR – Draft Regulatory Technical Standards

On April 14, 2014, the European Supervisory Authorities (“ESAs”) published the anticipated first draft regulatory technical standards (“RTS”) on risk-mitigation techniques for over the counter (“OTC”) derivatives contracts...more

5/13/2014 - Basel Committee Derivatives EMIR ESA EU IOSCO OTC Security-Based Swaps Swaps

MIFID II: Widening the net - Recently announced EU reforms introduce yet another set of compliance considerations for traders, and...

On January 14 2014, the European Parliament and European Council reached agreement in principle on the revised Markets in Financial Instrument Directive (Mifid II). The announcement signaled an important milestone in a long...more

2/24/2014 - EU European Commission Financial Regulatory Reform MiFID

Structured Thoughts: Volume 5, Issue 2 - February 20, 2014

In This Issue: Opinions and Warnings – ESMA’s Views on Complex Products; SEC Releases Draft Strategic Plan; Distributing Structured Notes from a Regulation S Platform; and Non-U.S. Equity Underliers and Exchange Rate...more

2/21/2014 - Complex Financial Products Compliance ESMA EU Financial Regulatory Reform SEC

Separation Anxiety: Structural Reform of EU Credit Institutions

The march towards structural reform of the EU banking sector has taken another step forward, as the EU Commission’s (the “Commission”) legislative proposals (the “Proposals”) for a Regulation implementing certain...more

2/3/2014 - Banks EU Financial Regulatory Reform Foreign Banks UK

Structured Thoughts: News for the financial services community, Volume 5, Issue 1 -- January 7, 2014

In This Issue: “Structured Products, Meet the Volcker Rule”: The New Limitations on Proprietary Trading; SEC and FINRA Personnel Speak at Structured Products Conference; FINRA’s Annual Regulatory and Examination...more

1/8/2014 - Banks Enforcement FINRA IOSCO Proprietary Trading SEC Structured Financial Products Volcker Rule

Regulatory Reform in Europe: What to expect in 2014

European financial regulatory reform has moved no more quickly than in the U.S. in 2013, and with the need to reach consensus between 28 member states, with often very different interests, there is little chance that the pace...more

1/7/2014 - EU Financial Regulatory Reform Foreign Banks

A Regulatory Reform Glossary

After the financial crisis, have you ever asked, “What does it all mean?” Now, we have an answer for you: MoFo’s Regulatory Reform Glossary. Since the great financial crisis, financial institutions have been...more

12/17/2013 - Basel III Dodd-Frank EMIR Financial Regulatory Reform MiFID Volcker Rule

Structured Thoughts -- Volume 4, Issue 14 -- December 2, 2013

In This Issue: Launching an Exempt Structured Products Program in the United States: Issues for Non-U.S. Banks to Consider; “Big-Boy Letters” Revisited: Pharos Decision Upheld by the Sixth Circuit.; SEC Addresses...more

12/3/2013 - Banks Big-Boy Letters CPO Disclosure Requirements Dodd-Frank EMIR EU Fiduciary Duty FINRA Foreign Banks LinkedIn MiFID Misrepresentation Nasdaq OCC Regulation D Rule 144A SEC Securities Act of 1933

Harmonised European Principles for Oversight of Financial Products Development

On November 28, 2013, the European Supervisory Authorities (“ESAs”) issued a joint paper (the “Joint Position”) setting out eight high level principles, intended to form a harmonised, cross-sector approach to the regulation...more

12/3/2013 - EU Financial Products Investors Manufacturers MiFID NCAs PRIP Transparency

UK Implementation of AIFMD: FCA Notification Forms

With the Alternative Investment Fund Managers Directive (the “AIFMD”) implementation deadline of July 22, 2013 fast approaching, the UK Financial Conduct Authority (the “FCA”) and UK’s HM Treasury have been ramping up their...more

7/11/2013 - AIFMD Financial Conduct Authority Investors Marketing Private Placements Treasury UK

UK Implementation of AIFMD: UK Private Placement Regime and non-EU Fund Managers

By July 22, 2013, EU member states must adopt the provisions of the Alternative Investment Fund Managers Directive (the “AIFMD”). On May 13, 2013, the UK’s HM Treasury further clarified how AIFMD will affect alternative...more

7/5/2013 - AIFM AIFMD Economic Development EU Fund Managers Investment Funds Private Placements

Structured Thoughts -- Volume 4, Issue 9 -- June 17, 2013

In This Issue: UK’s FCA Restricts Marketing of Unregulated Collective Investment Schemes and Similar Products to Retail Investors; Electronic Structured Note Systems and U.S. Securities Regulation; and Reminders from...more

6/18/2013 - Brokers False Claims Act Financial Conduct Authority Financial Services Authority FINRA Investors SEC Structured Financial Products Term Sheets UCITS

The European Alternative Investment Fund Managers Directive—a non-EU Fund Manager’s Perspective

Introduction - The European Member States must implement the Directive on Alternative Investment Fund Managers (the “AIFMD”), which came into force on July 21, 2011, into their national laws by July 22, 2013. Once the...more

5/20/2013 - AIFM AIFMD Disclosure Requirements EU Investment Funds Reporting Requirements

IOSCO Consultation Report on Financial Benchmarks

Background - As we have previously reported, a Task Force of the International Organization of Securities Commissions (“IOSCO”) published a consultation on financial benchmarks on 11 January 2013 in response, in part,...more

5/7/2013 - Benchmarks Consultation EU Governance Standards IOSCO Libor

Structured Thoughts -- Volume 4, Issue 5 -- April 12, 2013

In This Issue: FINRA’s 2013 Communication Rules and Revisions to MSDAs; Regulation R and Bank Sales of Structured Products; FCA Temporary Product; and Intervention Rules: Nipping It in the Bud. Excerpt from...more

4/15/2013 - Broker-Dealer Distribution Rules Financial Conduct Authority FINRA FSMA Gramm-Leach-Blilely Act Product Intervention Rules Public Communications Regulation R Structured Financial Products

The Basel Committee Proposes to Double Down on Counterparty Exposure Limits

On March 26, the Basel Committee on Banking Supervision (“Basel Committee”) published a Consultative Document in which it proposes a revised supervisory framework for measuring and controlling large counterparty exposures...more

4/4/2013 - Basel Committee CCPs G-SIFI International Banks Proposed Legislation SIFIs

The FSA and ESMA Get Technical on Prospectuses

The Prospectus Directive (the “PD”) and the Prospectus Directive Regulation (the “PD Regulation”) were recently amended, in each case with effect from 1 July 2012. These new rules introduced a number of significant changes...more

3/21/2013 - Disclosure Requirements ESMA EU Financial Services Authority Prospectus Risk Assessment

A European Financial Transaction Tax

In September 2011, the European Commission initially proposed that a financial transaction tax (“FTT”) be implemented by all 27 EU Member States, although it soon became clear that a significant proportion of the Member...more

3/18/2013 - EU European Commission Financial Transaction Tax Proposed Legislation

Protecting the CCP Egg Basket

Originally published in Derivatives Intelligence on February 25, 2013. The implementation of EMIR and the Dodd-Frank Act will mutualize large volumes of counterparty risk and, together with new requirements for trade...more

3/12/2013 - CCPs Dodd-Frank EMIR EU European Commission Risk Management

FDIC Proposes to Nix Insurance for Dually Payable Deposits—With an Upside and a Nod to International Cooperation

On February 12, the Federal Deposit Insurance Corporation (“FDIC”) proposed for public comment a rule that would exclude from federal deposit insurance coverage those deposits made at insured U.S. banks that are payable at a...more

2/22/2013 - Dually Payable Deposits EU FDIC Federal Deposit Insurance Act Financial Services Authority Foreign Banks Foreign Branches of U.S. Banks Uninsured Deposits

Avoiding Armageddon: Resolution Regimes for Central Clearing Counterparties

The September 2009 resolutions of the G20 nations at their Pittsburgh summit, as to the compulsory centralised clearing of standardised over-the-counter (OTC) derivatives, paved the way for the creation of some of the biggest...more

2/5/2013 - Derivatives Derivatives Clearing Organizations Dodd-Frank EMIR EU European Commission FSB IOSCO OTC

Liquidity Coverage Ratio: New Basel Measurement Published

On January 6, 2013, the Group of Governors and Heads of Supervision (“GHOS”), which oversees the Basel Committee on Banking Supervision (“BCBS”), approved a significantly revised version of the liquidity coverage ratio...more

1/11/2013 - Basel Committee Basel III Commercial Paper Covered Bonds Debt EU Liquidity Coverage Ratio RMBS

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