News & Analysis as of

Capital Markets Benchmarks

Stikeman Elliott LLP

OSC and AMF Request Comment on Application for Designated Interest Rate Benchmark and Designated Benchmark Administrator

Stikeman Elliott LLP on

The Ontario Securities Commission and the Autorité des marchés financiers (the “Regulators”) recently received an application (the “Application”) from CanDeal Benchmark Administration Services Inc. (“CBAS”) to have Term CORRA...more

Stikeman Elliott LLP

CSA Adopt Regulatory Regime for Commodity Benchmarks and Their Administrators

Stikeman Elliott LLP on

The Canadian Securities Administrators (“CSA”) recently announced that the securities regulatory authorities in Alberta, British Columbia, New Brunswick, Northwest Territories, Nova Scotia, Ontario, Quebec, Saskatchewan and...more

Cozen O'Connor

Ceres Guidance for Engaging on Climate Risk Governance and Voting on Directors

Cozen O'Connor on

Ceres, a nonprofit organization focused on solving climate and sustainability challenges through coordinated action by capital market leaders, recently issued its 2022 Guidance for Engaging on Climate Risk Governance and...more

Dechert LLP

LIBOR and SOFR:  Welcome to a Two-Speed Market?

Dechert LLP on

The Great Index Reformation is coming.  (I note in passing that the last Reformation led to the 100 Years War…just saying.)  This is a massive change to our market that did not bubble up from the great unwashed on the...more

Dechert LLP

Upcoming Regulatory Initiatives Impacting Private Fund Managers - European Regulatory Initiatives

Dechert LLP on

AIFMD Marketing/Pre-marketing – Cross-border distribution of investment funds - Changes to EU law on the cross-border distribution of AIFs and UCITS came into effect on 2 August 2021. Following Brexit, UK AIFMs are out of...more

Faegre Drinker Biddle & Reath LLP

Losing LIBOR in the Capital Markets — A Reprieve?

As reported in our previous alert “Losing LIBOR in the Capital Markets — Are You Ready?,” the anticipated date for discontinuation of the London Interbank Offered Rate (LIBOR) is approaching. While LIBOR is a widely used...more

Hogan Lovells

Brexit and Debt Capital Markets transactions – some practical perspectives

Hogan Lovells on

Following the end of the Brexit transition period, debt capital markets participants may now need to consider both EU rules and the parallel UK rules for EU and UK transactions, particularly those that are cross-border. ...more

Mayer Brown Free Writings + Perspectives

US ARRC Proposes a New York State Legislative “Solution” for Legacy LIBOR Contracts Without Adequate Fallbacks—But What Does It...

On March 6, 2020, the Alternative Reference Rates Committee (ARRC) released its “Proposed Legislative Solution to Minimize Legal Uncertainty and Adverse Economic Impact Associated with LIBOR Transition,” which the ARRC...more

McDermott Will & Emery

Capital Markets & Public Companies Quarterly: Changes to SEC Review of Shareholder Proposals, Expansion of Testing-the-Waters,...

McDermott Will & Emery on

In the third quarter of 2019, the SEC Staff announced major changes to the standard no-action request review and response process relating to shareholder proposals. In addition, the SEC expanded the availability of...more

A&O Shearman

SOFR: LIBOR: P/TOMO and No QE

A&O Shearman on

Federal Reserve Chairman Jerome Powell gave a speech on Tuesday, October 8, that touched upon recent events in the repo market. We discuss below certain aspects of this speech in the context of the market discussion regarding...more

A&O Shearman

SOFR Surge Event: What Just Happened?!

A&O Shearman on

SOFR – the secured overnight funding rate in USD – is a rate published by the New York federal reserve based upon secured overnight transactions in the repo market. It is of increasing importance, since it has been regarded...more

Stinson - Corporate & Securities Law Blog

FASB Considering Accounting Relief for LIBOR Transitions

FASB has taken a major step towards approving accounting relief for companies required to modify contracts as a result of new global reference rates which are expected as a result of the expected transition away from LIBOR....more

Jones Day

ISDA Forges Ahead With Market Consultations on Critical IBOR Transition Issues

Jones Day on

Two new consultations seek market input on USD and other currencies and on inclusion of "non-representativeness" trigger - The International Swaps and Derivatives Association, Inc. ("ISDA") launched two additional IBOR...more

Dorsey & Whitney LLP

What the LIBOR Phase-out Means for Debt Capital Market Participants

Dorsey & Whitney LLP on

The London Interbank Overnight Rate (“LIBOR”) is an interest rate calculation that is used globally for purposes of debt capital market transactions including bond issuances, loans and derivatives. In particular, LIBOR...more

Jones Day

ISDA Publishes Results of Benchmark Fallbacks Consultation as Sunset Looms for LIBOR

Jones Day on

The Situation: The International Swaps and Derivatives Association, Inc. ("ISDA") has announced the preliminary results of its market consultation concerning the fallbacks rates to be relied on upon cessation of certain...more

Sullivan & Worcester

ARRC publishes draft transitional provisions for USD LIBOR replacement rate

Sullivan & Worcester on

While we are waiting on the LMA's Working Sub-Group on Transition Issues in Syndicated Loan Markets to produce draft provisions dealing with the transition to SONIA, their US counterpart, the Alternative Reference Rates...more

Sullivan & Worcester

Après LIBOR: Black Swan or Y2K

Sullivan & Worcester on

A practical guide to the cessation of LIBOR and the transition to a new replacement benchmark rate. Unquestionably, the London Inter-Bank Offered Rate ("LIBOR") is an integral part of nearly every type of financial product...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

U.S. Financial Industry Developments - ISDA, AFME, ICMA, SIFMA and SIFMA AMG Publish Global Benchmark Report - The International Swaps and Derivatives Association (ISDA), the Association of Financial Markets in Europe...more

Pillsbury Winthrop Shaw Pittman LLP

LIBOR and the Transition to Risk-Free Rates

With LMA guidance being issued, LIBOR transition continues, but there is still a long way to go. Work continues on the transition to risk-free rates, but progress is slow—FCA publishes timetable and milestones. ...more

Pillsbury Winthrop Shaw Pittman LLP

The Future of LIBOR

A London seminar considers what may become of the long-time benchmark interest rate as it faces possible obsolescence—and what might take its place. Although the 2021 deadline, after which LIBOR will not be supported by...more

Hogan Lovells

FCA Announces Discontinuation of LIBOR

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As you may know, on July 27, 2017 the UK's Financial Conduct Authority (FCA) chief executive Andrew Bailey announced that market participants should not rely on the London Interbank Offered Rate (LIBOR) being available after...more

Dechert LLP

New European Commission proposals aimed at promoting growth and investment in Europe

Dechert LLP on

The European Commission has proposed a series of reforms to strengthen and further centralise supervision of the European capital and financial markets at the EU level with the aim of creating stronger and more integrated...more

Dechert LLP

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

Dechert LLP on

Other EU Developments – Deal Reached on Benchmark Regulation and Revisions to Prospectus Directive - Benchmark Regulation - The European Commission and the Luxembourg Presidency reached agreement with the...more

Dechert LLP

Investment Funds Update - Europe: Key legal and regulatory updates for the funds industry from the primary European asset...

Dechert LLP on

EMIR: Non-Deliverable FX Forwards and Interest Rate Swap Clearing - Non-deliverable FX forwards - ESMA confirms that EMIR clearing requirements will not apply to non-deliverable FX forwards, though reserves its...more

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