Lloyd S. Harmetz

Lloyd S. Harmetz

Morrison & Foerster LLP

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Structured Thoughts: News for the financial services community, Volume 5, Issue 9

In This Issue: - What to Expect in 2015 - EU Regulatory Agenda: Into 2015 - FINRA Issues Report Relating to its Communication Rules - Structured Product Offerings and RIAs - The SEC, Investment Funds and...more

12/24/2014 - Banking Sector Banks Derivatives EU Financial Institutions Financial Regulatory Reform FINRA Investment Adviser Investment Funds SEC Structured Financial Products

Structured Thoughts: Volume 5, Issue 8 - December 2014

In This Issue: - Key Regulators Speak at Structured Products Conference - FINRA Shows Its CARDS; It Will Use Big Data to Review Suitability of Complex Products Sales - FINRA’s Proposed Bond Mark-up...more

12/2/2014 - Advertising Big Data Broker-Dealer CARDS Disclosure Requirements Exchange-Traded Products FINRA Regulatory Agenda Regulatory Standards SEC Structured Financial Products

Structured Thoughts: Volume 5, Issue 7 - November 11, 2014

In This Issue: - Index Changes and Successor Indices: Avoiding Delisting From The NYSE Arca - EU PRIIPS Regulation Expected to Come Into Force - UK Review of the Fixed Income, Currency and Commodities...more

11/12/2014 - ETNs EU Financial Regulatory Reform FINRA NYSE SEC Structured Financial Products UK

Structured Thoughts: Volume 5, Issue 6 - August 2014

In This Issue: - European Product Intervention - FINRA Speaks at 2014 Structured Retail Products Conference - FINRA Approves Amendments to Communication Rules – Relief from Filing for Certain...more

8/13/2014 - Class Action ESMA EU FINRA Investment Funds MiFID Retailers Structured Financial Products

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

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

SEC Approves Amendments to FINRA’s Corporate Financing Rule

Broader Availability of Termination Fees and Rights of First Refusal - Elimination of Filing for Certain ETFs: In May 2014, the SEC approved FINRA’s proposed amendments to Rule 5110, commonly called the...more

5/21/2014 - Compliance Corporate Financing Corporate Financing Rule ETFs FINRA SEC

Structured Thoughts: Volume 5, Issue 3 - April 9, 2014

In This Issue: - The SEC Issues Its Long-Awaited Sweep Letter on ETNs - FINRA Proposes Amendments to Communication Rules – Relief from Filing for Certain FWPs - Comprehensive Surveillance Sharing Agreements -...more

4/10/2014 - Banks Broker-Dealer Compliance ETNs FINRA Foreign Banks Proposed Amendments SEC Surveillance Sweep Letter

SEC Revises Guidance on Granting WKSI Waiver

On March 12, 2014, the SEC’s Division of Corporate Finance updated its guidance regarding requests for waivers by well-known seasoned issuers (“WKSIs”) that would otherwise become ineligible issuers under Rule 405 of the...more

3/26/2014 - SEC Securities Exchange Act Waivers WKSIs

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

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

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

Structured Thoughts -- Volume 4, Issue 13 -- October 15, 2013

In This Issue: FINRA’s Report on Conflicts of Interest: Issues for the Structured Products Market and Structured Notes, Their Hedges, and Dodd-Frank Excerpt from FINRA’s Report on Conflicts of Interest: Issues...more

10/17/2013 - Conflicts of Interest Dodd-Frank FINRA Structured Financial Products

Structured Thoughts -- Volume 4, Issue 11 -- August 12, 2013

In This Issue: Complex Products and Conducting a Reasonable Basis Suitability Review; Guidelines for Presenting Backtested Performance Data; IOSCO Final Report on Principles for Financial Benchmarks; Protect Your...more

8/13/2013 - Disclosure Requirements EU Executive Compensation FINRA IOSCO Reporting Requirements Retail Market

Tax Talk -- Volume 6, No. 2 -- July 2013

In This Issue: IRS Leaves Potential REIT Conversions Hanging; IRS Proposes to Relax Wash Sale Rules for Floating NAV Money Market Fund Share Redemptions; IRS Confirms Mexican Land Trust Is Not Trust Under U.S. Tax Law;...more

7/23/2013 - Consumer Bankruptcy Conversion FATCA IGAs Income Taxes IRS Money Market Funds NAV REIT S-Corporation SEC Wash Sale Rules Wash Trades

Structured Thoughts -- Volume 4, Issue 10 -- July 9, 2013

In This Issue: - Chasing Return, Reprise - IOSCO: Uniform Regulation and More Transparency for ETFs - FINRA Removes Proposal to Require Supervision of Non-Securities Business - In Case You Missed It -...more

7/10/2013 - FINRA Foreign Investment Interest Rates Investors IOSCO Structured Financial Products

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

Structured Thoughts -- Volume 4, Issue 8 -- May 15, 2013

In This Issue: Due Diligence Procedures for Structured Note Distributors; Key Issues for Yankee CDs; The SEC and FINRA: Protect Your Elders; The FSOC’s 2013 Annual Report: Increasing Exchange-Traded Product Activity;...more

5/16/2013 - Broker-Dealer Due Diligence Elder Issues FINRA FSOC SEC Structured Financial Products

Structured Thoughts -- Volume 4, Issue 6 -- April 26, 2013

In This Issue: FINRA Issues Guidance on Backtested Performance Data; FINRA’s Ketchum Discusses Structured Products; and Update Regarding TRACE and Rule 144A Securities. Excerpt from FINRA Issues Guidance on...more

4/30/2013 - Exchange-Traded Products FINRA Structured Financial Products

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

Structured Thoughts -- Volume 4, Issue 4 -- February 28, 2013

In This Issue: Additional SEC Guidance on Estimated Value Disclosures; 2013 OCIE Examination Priorities Have Implications for Structured Products Issuers and Dealers; EITF and the Federal Funds Rate; and FDIC Proposes to...more

3/1/2013 - Dually Payable Deposits EITF Estimated Value Disclosures OCIE Prioritized Examination SEC Structured Financial Products

Structured Thoughts -- Volume 4, Issue 3 -- February 6, 2013

In This Issue: Reverse Inquiry Transactions in the Spotlight; How Will the Fed’s Proposed Foreign Bank Rules Affect Foreign Bank Debt Financing Activities in the U.S.?; IOSCO Commences Consultation on Benchmarks; and...more

2/7/2013 - Benchmarks Debt Foreign Banks IOSCO Regulation T Reverse Inquiry Transactions Settlement

Structured Thoughts -- Volume 4, Issue 3 -- February 6, 2013

In This Issue: Reverse Inquiry Transactions in the Spotlight; How Will the Fed’s Proposed Foreign Bank Rules Affect Foreign Bank Debt Financing Activities in the U.S.?; IOSCO Commences Consultation on Benchmarks; and...more

2/7/2013 - Benchmarks FINRA Foreign Banks Investors IOSCO Regulation T Reverse Inquiry Transactions SEC Structured Financial Products

OCC Regulations Affecting Bank Note Offerings Become Effective

On January 1, 2013, the new regulations of the Office of the Comptroller of the Currency (the “OCC”) amending Part 16.6 of the OCC’s securities offering rules became effective. These rules govern the exemption from OCC...more

1/23/2013 - Bank Notes Dodd-Frank Exemptions OCC Registration

Structured Thoughts -- Volume 4, Issue 1 -- January 16, 2013

In This Issue: Additional SEC Guidance on Estimated Value Disclosures; FINRA to Continue Its Focus on Structured Products; FINRA’s Ketchum Discusses Structured Products; FINRA Issues Q&A Guidance on New Communications...more

1/17/2013 - Estimated Value Disclosures ETFs ETNs Executive Compensation FINRA Prospectus SEC

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