News & Analysis as of

Capital Markets

Africa Focus: Project bonds in the OHADA region - An option for funding infrastructure development in the OHADA region?

by White & Case LLP on

Increasing stringent capital requirements on banks has the market looking for alternative means of funding. In the developed economies, the Basel III accord aims that banks will increase the amount of capital that they hold...more

New EU Securitisation Regulations to Alter Securitisation Markets

by Latham & Watkins LLP on

New rules will modify regulatory capital requirements for securitisation positions and unify risk retention practices. By year end, the European Commission (the EC) is expected to publish two new EU regulations in the...more

Dealmaking in an uncertain economy: Preparing the ground

by White & Case LLP on

Josh Lerner of Harvard Business School on private equity's knack for navigating uncertainty - Every day investors face risks of all kinds in the pursuit of returns, from the political to the economic, from changing...more

In Conversation with…GBite Oduneye, founder of Nigerian Capital Markets Forum

by Hogan Lovells on

(a) You have been working in the Nigerian Capital Markets space for about 11 years now - what would you say has kept you attracted to the Market? My mother introduced me to Capital Markets at a very young age. She strongly...more

US Imposes Sanctions Targeting Debt, Equity, and Securities of the Venezuelan Government and PdVSA

by White & Case LLP on

On August 24, 2017, President Trump signed Executive Order 13808 entitled "Imposing Additional Sanctions with Respect to the Situation in Venezuela." EO 13808, which became effective on August 25, 2017, prohibits certain...more

Key Regulatory Topics: Weekly Update - 25 August 2017 - 31 August 2017

by Allen & Overy LLP on

FMLC publishes letter sent to the MoJ on the EU (Withdrawal) Bill 2017 - On 31 August, the FMLC published a letter to the MoJ following their email (dated 14 July) seeking comments on the EU (Withdrawal) Bill 2017. The...more

New Sanctions Target the Government of Venezuela's Access to US Capital Markets

On August 25, 2017, the U.S. government dramatically increased sanctions on the government of Venezuela. Unlike the Venezuela-related sanctions already in effect, which are list-based and to date have targeted only specific...more

A Tale of Two Years; This Time Will Be Different

by Dechert LLP on

The Wall Street Journal reminded us this month that it was ten years ago, August 9, 2007, that the first regulatory domino in The Great Recession fell as BMP Paribas froze a series of resi investment funds for lack of a...more

SEC Taking Action Against Cryptocurrency ICO Promoters

by Slim Ventures LLC on

The SEC has begun clamping down on Initial Coin Offerings of cryptocurrency investments, with promoters needlessly running afoul of the SEC. With over a billion dollars raised year-to-date (a five fold increase over all of...more

Key Regulatory Topics: Weekly Update - 18 August 2017 - 24 August 2017

by Allen & Overy LLP on

Brexit - Brexit – ISDA position paper on, CCP location and legal uncertainty - On 21 August, ISDA published a position paper on Brexit, CCP location and legal uncertainty. The paper focuses on a possible location...more

Key Regulatory Topics: Weekly Update - 11 August 2017 – 17 August 2017

by Allen & Overy LLP on

BREXIT - ECB interview on Brexit preparations - On 16 August, the ECB published the transcript of an interview, given by Sabine Lautenschlager, ECB Executive Board Member and Supervisory Board Vice-Chair, on the...more

OCIE Provides Insight into Issues Identified in Recent Cybersecurity Sweep

by Morrison & Foerster LLP on

The National Exam Program of the SEC’s Office of Compliance Inspections and Examinations (OCIE) recently published its observations from the second generation of its Cybersecurity Initiative. It reported overall improvement...more

News Round Up - August 2017

by Morrison & Foerster LLP on

SEC Permits Draft Registration Statements for All Initial Public Offerings and Direct Listings - On June 29, 2017, the Securities and Exchange Commission (SEC) announced that the Division of Corporation Finance will permit...more

AFRICA - A Legal Guide for Business Investment and Expansion: South Africa

1 .What role does the government of South Africa play in approving and regulating foreign direct investment? South Africa is a constitutional democracy and an active member of the international investment community. It...more

AFRICA - A Legal Guide for Business Investment and Expansion: Nigeria

1 .What role does the government of nigeria play in approving and regulating foreign direct investment? Due to the economic benefits that accompany Foreign Direct Investment (FDI), the Nigerian government strives to...more

AFRICA - A Legal Guide for Business Investment and Expansion: Kenya

1. What role does the government of Kenya play in approving and regulating foreign direct investment? There is no regulation on foreign direct investment in Kenya except in specific sectors where state corporations have a...more

Update Kapitalmarkt- und Gesellschaftsrecht - EU-Prospektverordnung tritt in Kraft Erleichterte Möglichkeiten für prospektfreie...

by Morrison & Foerster LLP on

Am 30. Juni 2017 wurde die neue EU-Prospektverordnung (EU) 2017/1129 (ProspektVO) im Amtsblatt der Europäischen Union veröffentlicht. Die ProspektVO ersetzt die sog. Prospektrichtlinie (Richtlinie 2003/71/EG) und gilt...more

SEC Chair Speaks at the Center for Capital Markets Competitiveness

On Tuesday, July 25, 2017, SEC Chairman Jay Clayton spoke at the U.S. Chamber of Commerce Center for Capital Markets Competitiveness (CCMC). During the panel, Chairman Clayton discussed the Commission’s priorities on a...more

Howey Got Here: SEC Issues Guidance on Token Offerings

by Morrison & Foerster LLP on

The Howey test lives on—now in a lesson in what not to do when it comes to token offerings. Token offerings, also known as “initial token offerings,” “token launches,” “token sales,” “initial coin offerings,” or “ICOs,”...more

Key Regulatory Topics: Weekly Update - 14 July 2017 – 20 July 2017

by Allen & Overy LLP on

BREXIT - CRDV IV – EBA final draft RTS and ITS on authorisation of credit institutions - On 14 July, the EBA published a report setting out the following final draft technical standards: (i) Final draft RTS on the...more

Update on the New Prospectus Regime

by Dechert LLP on

As part of its Capital Markets Union action plan, in June 2017 the EU adopted the new Prospectus Regulation (2017/1129), which overhauls the prospectus regime and is intended to improve accessibility to capital markets for...more

A New Era: The New European Framework for Securitisations

by Hogan Lovells on

Following a prolonged period of political scrutiny and negotiation, the texts of two regulations implementing significant changes to the regulation and capital treatment of securitisations were broadly agreed by the three EU...more

More Cos. Authorizing No-Vote Shares Despite Resistance

More companies are establishing the right to issue nonvoting shares at their initial public offering through a triple-class stock structure, venturing beyond dual-class setups that already contain unequal voting rights...more

Capital Markets & Public Companies Quarterly: The Kokesh Decision’s Impact on SEC Enforcement

by McDermott Will & Emery on

The US Supreme Court’s decision in Kokesh v. Securities and Exchange Commission could have long-lasting implications for the SEC’s enforcement power. We discuss that decision and other developments from the second quarter of...more

New SEC Chair Announces Guiding Principles

In remarks before the Economic Club of New York, new SEC Chairman Jay Clayton discussed eight guiding principles: Principle #1: The SEC’s mission is our touchstone. Investors and capital markets will suffer if the SEC...more

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Cybersecurity

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