In June, FINRA reminded broker-dealers of their best execution obligations which are derived from common law agency principles and fiduciary obligations. The best execution obligation is incorporated in applicable MSRB rules...more
Although this article is focused on tax-exempt debt, the tax ramifications of the LIBOR transition are not limited to the municipal finance world, and the elimination of LIBOR may also have a significant impact on taxable...more
Municipal advisors, as well as other regulated entities, should be aware of their general obligations under Federal securities laws and MSRB Rules when formulating advice about securities or products, in particular if it...more
7/23/2021
/ Conflicts of Interest ,
Disclosure Requirements ,
Duty of Care ,
Duty of Loyalty ,
Fiduciary Duty ,
Libor ,
MSRB ,
Municipal Advisers ,
Securities and Exchange Commission (SEC) ,
Suitability Requirements ,
Underwriting
The best benchmark for a company or a bank primarily depends upon the entity’s debt/interest rate swap situation as summarized below. This analysis also touches on the rationale behind the derivatives market's recent embrace...more
The focus on quantifying LIBOR exposure and related disclosure requirements may be a ‘red herring.’ The real issues are (i) whether the LIBOR transition is merely an excuse to change the effective interest rates of financial...more
7/15/2021
/ Corporate Governance ,
Disclosure Requirements ,
Documentation ,
Dodd-Frank ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Statements ,
Form 20-F ,
Interest Rates ,
Libor ,
MSRB ,
Municipal Securities Market ,
New Guidance ,
Regulation S-K ,
Secured Overnight Funding Rate (SOFR) ,
Securities and Exchange Commission (SEC)
This article summarizes the significant problems with the LIBOR transition in the US as compared to the UK (and the rest of the world).
This summary is based upon the keynote speech at the United Kingdom Financial Conduct...more
How challenging is LIBOR Transition proving to be in the US structured finance market?
Like street-corner proselytizers holding signs warning “The End is Near,” world markets, banks, and other financial institutions have...more
Based upon the records of the New York Fed and the Federal Reserve Economic Data (FRED) of the St. Louis Fed, the level of reverse repo activity on June 17th -18th reached unprecedented levels.
It was previously reported...more
As part of the ongoing transition from the London InterBank Offering Rate (LIBOR) to the Secured Overnight Financing Rate (SOFR) recommended by the Alternative Reference Rates Committee (ARRC) as an alternative rate, an...more
6/15/2021
/ Alternative Reference Rates Committee (ARRC) ,
CFTC ,
FDIC ,
Financial Institutions ,
Interest Rates ,
ISDA ,
Libor ,
OCC ,
Secured Overnight Funding Rate (SOFR) ,
Securities and Exchange Commission (SEC) ,
Sterling Overnight Index Average (SONIA) ,
UK
It was previously reported that there were significant repurchase agreement (repo) disruptions with consequent disruptions in the Secured Overnight Financing Rate (SOFR).
Explained -
During the market turmoil...more
The transition from LIBOR represents a potential change in the interest rate on a bond.
Background On April 6, 2021, New York Governor Cuomo signed into law legislation aimed to provide legal certainty and curb litigation...more
The United Kingdom’s Financial Conduct Authority announced the future cessation and loss of representativeness of worldwide LIBOR rates.
Potential Detrimental Developments -
Recent Events -
On Friday, March 5,...more
3/11/2021
/ Alternative Reference Rates Committee (ARRC) ,
CFTC ,
Department of Justice (DOJ) ,
FBI ,
Financial Conduct Authority (FCA) ,
Fraud ,
Interest Rates ,
ISDA ,
Libor ,
New York ,
NYDFS ,
OCC ,
Proposed Legislation ,
Securities and Exchange Commission (SEC) ,
Transitional Arrangements ,
UK
In recent years, the Commodity Futures Trading Commission (CFTC) filed two actions with facts so shocking the reader is forced to ask, ‘can this be how the industry really functions?’
The Complaints -
The most recent...more
2/24/2021
/ CFTC ,
Commodity Exchange Act (CEA) ,
Dodd-Frank ,
Fraud ,
Libor ,
Material Disclosures ,
MSRB ,
Price Manipulation ,
Securities and Exchange Commission (SEC) ,
Suitability Requirements ,
Swaps
Everything you need to know to be prepared for the LIBOR-SOFR transition.
What to Know -
It had been recommended that the US Dollar (USD) London Interbank Offered Rate (LIBOR) be replaced by the Secured Overnight...more
Everything you need to know to be prepared for the LIBOR-SOFR transition.
What to Know -
ed that the US Dollar (USD) London Interbank Offered Rate (LIBOR) be replaced by the Secured Overnight Financing Rate (SOFR) as a...more
Financial institutions should work with outside counsel to ensure that their internal policies and external actions minimize conduct that may violate state and Federal laws and regulations, and incentivize employees to reward...more
12/3/2020
/ Affordable Housing ,
Antitrust Conspiracies ,
Breach of Contract ,
Class Action ,
Collusion ,
Department of Justice (DOJ) ,
Fannie Mae ,
Fiduciary Duty ,
Financial Institutions ,
Freddie Mac ,
Interest Rate Swaps ,
Internal Revenue Code (IRC) ,
Liquidity ,
Motion to Dismiss ,
New York ,
Popular ,
Price-Fixing ,
Securities and Exchange Commission (SEC) ,
Statute of Limitations ,
Tax Revenues ,
U.S. Treasury ,
Unjust Enrichment ,
Variable Rates ,
Whistleblowers
On August 4, 2020, the Commodity Futures Trading Commission (the “CFTC”) announced that the Honorable Vernon S. Broderick of the U.S. District Court for the Southern District of New York entered a Consent Order approving a...more
The focus of regulators in the United States and the United Kingdom had been to correctly transition away from LIBOR due to past bank manipulations.
After nearly two (2) years in the making, the International Swaps and...more
The CARES Act authorized the Secretary of the Treasury to make up to $500 billion in loans, loan guarantees, and other investments for eligible businesses, States, and municipalities. The term sheet released by the Federal...more
4/10/2020
/ Banks ,
CARES Act ,
Federal Loans ,
Federal Reserve ,
Financial Stimulus ,
Lenders ,
Money Market Mutual Fund Liquidity Facility (MMLF) ,
Municipal Liquidity Facility (MLF) ,
Municipal Securities Market ,
Small Business ,
State and Local Government ,
Tax Relief
The soon to be passed Coronavirus Aid, Relief, and Economic Security Act includes these key details surrounding the Health Care Industry, Not-for-Profits, and debt restructurings.
$100 billion in direct financial aid to...more
In order to deal with the tremendous recent market disruptions and related liquidity needs, the Federal Reserve System, through the Federal Reserve Bank of New York (New York Fed), on March 12 offered $500 billion in 3-month...more
Last week, most observers focused on the more than 11% drop in the stock market due to public health and related supply concerns. In response, the Federal Reserve made an aggressive 50 basis point interest rate cut on March...more
Fed Liquidity – Recent Actual Infusions (1Q 2020) -
Week of February 3rd -
As recently reported, during the week of February 3rd, the New York Fed infused, through the repo market, an aggregate of $112.3 billion with...more
Previous Repos -
In the last Client Alert, it was reported that the New York Fed recently infused approximately $220 billion into the banking system – $70 billion of overnight repos and $150 billion in term repos....more
12/30/2019
/ Banking Sector ,
CFTC ,
Enforcement Actions ,
Federal Reserve ,
FOMC ,
Interest Rates ,
Libor ,
Liquidity ,
Market Manipulation ,
Secured Overnight Funding Rate (SOFR) ,
Swaps
The following is based upon the Fixed Income Market Structure Advisory Committee Panel meeting held on Monday, November 5 entitled ‘LIBOR Transition Update and SOFR Volatility,’ and related statements from the Federal Reserve...more