News & Analysis as of

Capital Markets

EC Sets out Roadmap on the European Economic and Monetary Union

The European Commission (“EC“) published a communication and legislative proposal on the December 6, 2017, with the goal of finalizing Europe’s economic and monetary union. The communication, which contained a number of...more

New Category of Debt Securities: Senior Non-Preferred Notes, European Capital Markets Update

by Jones Day on

On 20 July 2017, Belgium adopted legislation establishing senior non-preferred notes, a new category of debt securities available to banking institutions. The law provides for a new Article 389/1 into the Law of 25 April 2014...more

The Pre-Emption Group Publishes Monitoring Report, European Capital Markets Update

by Jones Day on

The Pre-Emption Group has released a monitoring report which looks at the implementation of the Statement of Principles and the template resolutions regarding disapplication published by the Group in May 2016. The Statement...more

FCA Publishes Policy Statement Setting Out Changes to the Listing Rules, European Capital Markets Update

by Jones Day on

The United Kingdom's Financial Conduct Authority ("FCA") published a policy statement on 26 October 2017 setting out certain amendments to the Listing Rules ("LRs") and related technical notes ("Policy Statement"). The FCA...more

Negative Interest Rates: Autorité des Marchés Financiers Takes Position on Information to be Included in Bond Prospectuses,...

by Jones Day on

During the last decade, negative interest rates have raised concerns in the European debt capital markets landscape. Prospectuses often allow the issuance of debt securities for which the interest rate is linked to indexes...more

New German Money Laundering Act Establishes Additional Transparency Requirements for Certain Listed Companies, European Capital...

by Jones Day on

On 25 June 2017, the new German Money Laundering Act came into force, which primarily implements the 4th European Anti-Money-Laundering Directive (EU 2015/849) into German law. Among others, the Act establishes a new...more

EC Publishes Report on Follow-Up to Call for Evidence on EU Regulatory Framework for Financial Services

The European Commission (“EC“) published on December 1, 2017 a report on the follow-up to its call for evidence on the EU regulatory framework for financial services. The report contains an update on progress on the...more

Third Party Purchaser Agreements Don’t Destroy Sale Treatment: A Victory for the Unintended Consequences Resistance

by Dechert LLP on

Every once in a while we get some good news around the capital markets hood and this is one of those times. Admittedly, all we’re doing here is fixing a problem which was one of the unintended consequences of the Dodd-Frank...more

International News: Brexit & the US Administration

by McDermott Will & Emery on

Cross Border M&A: The Impact of Brexit, the Trump Administration, and China’s Crackdown on Capital Flight The combination of Brexit, the Trump Administration, and China’s tightening grasp on capital, appear to have created...more

Further Implementation of the Market Abuse Regulation, European Capital Markets Update

by Jones Day on

On 31 July 2017, a new law was adopted to further implement and ensure the effectiveness of Regulation 596/2014 on market abuse ("Market Abuse Regulation"). This new law amends the law of 2 August 2002 on the supervision of...more

Key Regulatory Topics: Weekly Update - 24 November 2017 – 30 November 2017

by Allen & Overy LLP on

BREXIT - European Commission legislative proposal for Regulation on relocation of EBA - On 29 November, the EC adopted a legislative proposal for a Regulation containing amendments to the EBA Regulation (Regulation...more

Banned from January 2018: restrictive contractual clauses limiting client choice on future capital markets and M&A services

by Dentons on

New FCA rules will prevent corporate banks, corporate brokers and investment banks from including in their terms of engagement clauses which give them the right to provide future capital markets and M&A services to clients....more

Trump Administration Issues Guidance on Asset Management and Insurance Regulation

On Oct. 26, 2017, the U.S. Treasury Department (Treasury) released the latest installment in a series of reports on financial regulation required by the president’s Feb. 3 executive order on the financial system....more

US Department of the Treasury: A Financial System That Creates Economic Opportunities—Capital Markets

by WilmerHale on

In October 2017, the US Department of the Treasury (Treasury) published a report titled “A Financial System That Creates Economic Opportunities” (Treasury Report). Treasury, under the direction of Secretary Steven T. Mnuchin,...more

Key Regulatory Topics: Weekly Update - 17 November 2017 – 23 November 2017

by Allen & Overy LLP on

BREXIT - EBA relocation to Paris - On 21 November, the Council of the EU published a press release announcing that the ministers of EU member states other than the UK have selected Paris as the new location of the EBA....more

French Legal and Regulatory Update – October 2017

by Hogan Lovells on

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for October 2017. Please see full...more

Key Regulatory Topics: Weekly Update - 10 November 2017 – 16 November 2017

by Allen & Overy LLP on

BREXIT - UK Finance proposes model for post-Brexit financial services under EU-UK trade agreement - On 16 November, UK Finance published a report entitled "Supporting Europe's economies and citizens: a modern approach...more

Department of the Treasury Issues Report Recommending U.S. Capital Markets Regulatory Reforms

by Jones Day on

The U.S. Department of the Treasury has issued a report to the President recommending extensive regulatory and legislative reforms to the U.S. capital markets. The recommendations, in response to the White House's executive...more

Key Regulatory Topics: Weekly Update - 3 November 2017 – 9 November 2017

by Allen & Overy LLP on

Allen & Overy publish weekly updates on key regulatory topics affecting the financial services sector. If you would like to receive this update by email please contact RegulatoryChange@allenovery.com. BREXIT - HoL EU...more

Food for Thought, part 5

Below, a continuation of our bibliography of thought-provoking articles on issues related to right-sizing regulation, staying private versus going public, and related topics...more

U.S. House of Representatives Acts to Create New Category of Exempt Transaction Under the Securities Act of 1933

On November 9, 2017, the U.S. House of Representatives passed the Micro Offering Safe Harbor Act. The vote was largely along party lines, with Rep. Walter Jones from North Carolina’s third district casting the lone...more

Enhancing the Listing Regime: FCA reports back on its proposals to enhance the UK's Listing Regime and IPO process

by Hogan Lovells on

On 26 October 2017, the Financial Conduct Authority published: - a Policy Statement (PS 17/22) relating to its consultation paper (CP 17/4): Review of the Effectiveness of Primary Markets: Enhancements to the Listing...more

A look at how Blockchain could redefine the structure of the capital markets

by Hogan Lovells on

Could blockchain redefine the structure of the capital markets? The venue for trading and the management of risks of trades have traditionally been the role of exchanges and market infrastructure organizations such as the...more

The MAS’s New Regulatory Regime for Venture Capital Fund Managers Comes into Force

by K&L Gates LLP on

As part of the Singapore government’s drive to attract more venture capital fund managers (“VCFM”) and venture capital (“VC”) funding into Singapore to boost the growth of startups and growth-stage enterprises, following a...more

Strategic Alternatives for Real Estate Portfolios Part III – Initial Public Offering (IPO) Transactions

by King & Spalding on

The review of strategic alternatives can be a daunting task even for the most seasoned executives and directors of real estate companies and real estate investment trusts. This is particularly true in today’s real estate...more

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