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Business Conduct Standards

The Financial Report, Volume 6, Number 7

by DLA Piper on

Does it ever make sense to file something with the US government when it is not clear whether the filing is required, or what might need to be filed? Recently, the staff of the US SEC’s Division of Investment Management...more

Canadian Securities Administrators publish proposed national instrument derivatives: business conduct

by Dentons on

On April 4, 2017, the Canadian Securities Administrators OTC Derivatives Committee (the CSA) published the following proposed national instrument and related companion policy which will be open for comment for a 150-day...more

Bridging the Week - April 2017 #2

SEC Chairman Nominee Advances: Jay Clayton took another step to becoming chairman of the Securities and Exchange Commission when the US Senate Committee on Banking, Housing and Urban Affairs approved his nomination for the...more

Ninth Circuit Says Ethics Policies Are “Inherently Aspirational,” and Violations Don’t Support Securities Fraud Claims, in Retail...

A senior officer’s violations of a corporation’s code of conduct do not give rise to a claim for violation of the federal securities laws—even where the corporation (including the officer himself) has touted the company’s...more

Japan Releases Draft ‘Principles for Customer-Oriented Business Conduct’

by Morgan Lewis on

LawFlash February 17, 2017 Financial Services Agency of Japan proposes seven principles aimed at creating a customer-oriented financial services culture. On January 19, the Financial Services Agency of Japan (JFSA) released a...more

The U.S. Issues a National Action Plan on Responsible Business Conduct

by Littler on

On December 16, 2016, the United States launched a National Action Plan (the “U.S. NAP”) on Responsible Business Conduct. The U.S. NAP seeks to operationalize the government’s role in encouraging responsible business conduct...more

New CME enforcement rules for the new year

by Thompson Coburn LLP on

In December 2016, the exchanges (and swap execution facility division) comprising the CME Group enacted changes to Chapter 4 ("Enforcement of Rules") of their respective rulebooks. The changes in Chapter 4 impact both...more

U.S. Government to Release Its National Action Plan on Responsible Business Conduct

On Friday, December 16, the Government of the United States will release its long-awaited National Action Plan on Responsible Business Conduct. ...more

CFTC Issues Cross-Border Proposal

by Morrison & Foerster LLP on

On October 11, 2016, the U.S. Commodity Futures Trading Commission (“CFTC”) issued proposed rules to address certain issues related to the cross-border application of Title VII of the Dodd-Frank Wall Street Reform and...more

CFTC Cross-Border Regulatory Update: New Proposal on Cross-Border Swap Transactions and Other Developments

by Reed Smith on

On October 11, 2016, the Commodity Futures Trading Commission (“CFTC”) unanimously approved a proposed rule on the Cross-Border Application of the Registration Thresholds and External Business Conduct Standards Applicable to...more

Key Differences Between CFTC and SEC Final Business Conduct Standards and Related Cross-Border Requirements

by WilmerHale on

The Securities and Exchange Commission (SEC) recently adopted final business conduct rules for security-based swap dealers (SBSDs) and major security-based swap participants (MSBSPs) under Section 15F(h) of the Securities...more

Dodd-Frank Implementation Update: Key Differences Between the CFTC and SEC Final Business Conduct Standards and Related...

by WilmerHale on

The Securities and Exchange Commission (SEC) recently adopted final business conduct rules for security-based swap dealers (SBSDs) and major security-based swap participants (MSBSPs) under Section 15F(h) of the Securities...more

SEC Issues Business Conduct Rules for Security-Based Swap Entities

by Morrison & Foerster LLP on

In an important step in the ongoing regulation of the market for security-based swaps (both individually and in the plural, “SBS”), last month the Securities and Exchange Commission (“SEC”) issued its final business conduct...more

Corporate and Financial Weekly Digest - Volume XI, Issue 16

SEC/CORPORATE SEC Releases Registration Fee Estimator On April 18, the Securities and Exchange Commission announced the release of an online tool that will assist companies in calculating registration fees relating to...more

Fifth Circuit Rejects Constitutional Challenge to Texas "No Credit Card Surcharge" Law

by Ballard Spahr LLP on

A Texas law that prohibits merchants from imposing a surcharge on credit card purchases, but allows a discount for cash purchases, does not violate the First Amendment of the U.S. Constitution, a divided panel of the U.S....more

ICSA consults on PSC Register Guidance

by Dentons on

ICSA has published a draft suite of guidance documents that DBIS will issue to help companies understand how to comply with the requirement to keep a register of Persons with Significant Control (PSCs). The requirement will...more

Invest Europe publishes new handbook

by Dentons on

Invest Europe has published its 2015 Handbook of professional standards and conduct of business for the private equity industry....more

FCA makes new rules

by Dentons on

From 24 September to 22 October, FCA made changes to the following Handbook instruments: - Accountability and Whistleblowing Instrument 2015 (see FReD 9 October)...more

IAIS publishes business risk responses

by Dentons on

IAIS has published the responses to its consultation on “Conduct of business risk and its management”. ...more

Successful Strategies for Doing Business in Asia: Malaysia (Updated)

WHAT ROLE WILL THE GOVERNMENT OF MALAYSIA PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT? Regulation of foreign investment in Malaysia is done both through legislation as well as governmental policies....more

United States to Develop National Action Plan on Responsible Business Conduct

On September 24, at a meeting of the Open Government Partnership at the United Nations, President Obama announced that the U.S. Government would develop a national action plan to promote responsible business conduct. The...more

FINRA Identifies 2014 Examination Priorities

by Goodwin on

In a letter to all FINRA member firms (the “FINRA Priorities Letter”), FINRA set forth its regulatory and examination priorities for 2014, highlighting significant risks and issues that could adversely affect investors and...more

CFTC Staff Issues No-Action Letters

Commodity Futures Trading Commission staff recently released two no-action letters providing relief relating to the application of business conduct standards to prime brokers and swap dealers and disclosure of pre-trade...more

FSA Fines UBS £9.45 Million for Failings in AIG Fund Sales

On February 12, the FSA published a final notice issued to UBS AG, setting out a fine of £9.45 million in respect of failings identified in its sale of the AIG Enhanced Variable Rate Fund (the Fund). Having reviewed sales of...more

New Rules Coming into Effect Affect Retirement Plans Entering into Swaps

by King & Spalding on

New rules affecting ERISA-covered retirement plans entering into swap transactions will come into effect in May 2013. These rules, known as the “Business Conduct Standards,” implement certain provisions of the Dodd-Frank...more

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