Has the initial goal of bringing order to the financial markets been achieved?
Has there been an overreaction and new regulations have inhibited the free market system and specifically liquidity?
What clarity of legal thought has now evolved which can be trace through the various regulations and does it enhance established legal principles?
Is there now an emerging need for deregulation to re-dress the balance of new regulations?
2
Public Company Reporting (Series: Securities Law Made Simple (Not Really) Financial Poise
Once public, a company is subject to a continuously evolving landscape of disclosure and reporting requirements. Recent disclosure developments have addressed everything from executive compensation to cybersecurity. In addition, the prevalence of social media has made it such that a company must now consider not only the nuances of what to disclose but also how to deliver that disclosure. Is your company tweeting its earnings reports; are you using your corporate Facebook page to make Regulation FD disclosures?
In this webinar our expert panel provides you with a high-level overview of key public company reporting and disclosure requirements, including the latest developments brought about by the Dodd-Frank Act, JOBS Act, FAST Act and, most recently, the SEC’s Disclosure Effectiveness Initiative, as well as provide you with tangible examples and practical advice on how to comply with the ever-changing means of delivering that disclosure.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/public-company-reporting-2020/
Private Offering Exemptions and Private Placements (Series: Securities Law Ma...Financial Poise
The private capital markets have become an increasingly important source of funding for both private and public companies alike. Today total capital raised through private placements surpasses total capital raised in public offerings. What’s more, in recent years legislation like the JOBS Act has made a number of significant changes to laws and regulations governing private capital markets. Consequently, understanding the myriad private offering exemptions and how to properly conduct a private placement is crucial for not only for lawyers, but also for executives, managers, directors and anyone involved in corporate finance transactions.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/private-offering-exemptions-and-private-placements-2020/
In late 2017, we hosted a webinar for financial legislation experts to answer questions about ICOs and their legal status in various jurisdictions. These slides are a preview of 18 insights and answers to the key questions every company
considering an ICO needs to ask.
This white paper examines the two primary sources of compliance obligations related to contracts: performance obligations and government regulations. For each source of compliance challenge, this paper identifies methods to improve compliance and contract management. Finally, this paper examines the kind of reporting that makes
Contracts create the network of relationships that allow organizations to thrive. Contracts generate revenue and control expenses. They allocate risks and responsibilities. Contracts create assets and liabilities. Contracts are the foundation of enterprise.
Compliance requirements touch every organization across industries. Regulations can lay down the rules of the road or impose barriers to business. Compliance is essential for success, like good brakes on a car.
Public Company Reporting (Series: Securities Law Made Simple (Not Really) Financial Poise
Once public, a company is subject to a continuously evolving landscape of disclosure and reporting requirements. Recent disclosure developments have addressed everything from executive compensation to cybersecurity. In addition, the prevalence of social media has made it such that a company must now consider not only the nuances of what to disclose but also how to deliver that disclosure. Is your company tweeting its earnings reports; are you using your corporate Facebook page to make Regulation FD disclosures?
In this webinar our expert panel provides you with a high-level overview of key public company reporting and disclosure requirements, including the latest developments brought about by the Dodd-Frank Act, JOBS Act, FAST Act and, most recently, the SEC’s Disclosure Effectiveness Initiative, as well as provide you with tangible examples and practical advice on how to comply with the ever-changing means of delivering that disclosure.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/public-company-reporting-2020/
Private Offering Exemptions and Private Placements (Series: Securities Law Ma...Financial Poise
The private capital markets have become an increasingly important source of funding for both private and public companies alike. Today total capital raised through private placements surpasses total capital raised in public offerings. What’s more, in recent years legislation like the JOBS Act has made a number of significant changes to laws and regulations governing private capital markets. Consequently, understanding the myriad private offering exemptions and how to properly conduct a private placement is crucial for not only for lawyers, but also for executives, managers, directors and anyone involved in corporate finance transactions.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/private-offering-exemptions-and-private-placements-2020/
In late 2017, we hosted a webinar for financial legislation experts to answer questions about ICOs and their legal status in various jurisdictions. These slides are a preview of 18 insights and answers to the key questions every company
considering an ICO needs to ask.
This white paper examines the two primary sources of compliance obligations related to contracts: performance obligations and government regulations. For each source of compliance challenge, this paper identifies methods to improve compliance and contract management. Finally, this paper examines the kind of reporting that makes
Contracts create the network of relationships that allow organizations to thrive. Contracts generate revenue and control expenses. They allocate risks and responsibilities. Contracts create assets and liabilities. Contracts are the foundation of enterprise.
Compliance requirements touch every organization across industries. Regulations can lay down the rules of the road or impose barriers to business. Compliance is essential for success, like good brakes on a car.
Response to Call for Input on Crowdfunding: BWB ComplianceBWB Compliance
It's been almost two and a half years since the FCA's regime for crowdfunding platforms came into being and now the regulator is starting its review of how well the regime is working. BWB has been very involved with the crowdfunding industry since 2012 and we've given the regulator our feedback. We've worked with 37 investment-based and loan-based platforms and also provide support to the UK Crowdfunding Association.
29 03 - EU insolvency law - Lessons from France Vermeille & Co
Focus on pre-insolvency proceedings can be country productive
Market for distressed entices cannot emerge without effective valuation methodology and cramdown procedure
European banking supervision needs a pan-European insolvency law
SEC registration statements are the most efficient and reliable method for a private company to...obtain public company status. Using a registration statement, companies provide transparency to investors and avoid the risks of reverse merger transactions. This blog post addresses some of the most common questions we are asked about SEC registration statements and and the going pubic process.
Interlocking Directorates and Anti-Competitive Risks ? An Enforcement Gap in ...Vermeille & Co
Interlocking Directorates and Anti-Competitive Risks ? An Enforcement Gap in Europe ? de Florence Thépot, Florian Hugon et Mathieu Luinaud.
Souvent occultée par les situations de prises de participations minoritaires, la pratique des cumuls de mandats d’administrateur entre concurrents n’est pas sans susciter un risque d’effets anticoncurrentiels.
The presentation summaries the process to implement uncleared margins CFTC and Prudential Regulators rules to collect collateral daily for OTC products for certain banks.
Thank you for viewing these samples of my work. To schedule a more complete review of my portfolio, please feel free to email me at jdavison@aethellen.com.
Response to Call for Input on Crowdfunding: BWB ComplianceBWB Compliance
It's been almost two and a half years since the FCA's regime for crowdfunding platforms came into being and now the regulator is starting its review of how well the regime is working. BWB has been very involved with the crowdfunding industry since 2012 and we've given the regulator our feedback. We've worked with 37 investment-based and loan-based platforms and also provide support to the UK Crowdfunding Association.
29 03 - EU insolvency law - Lessons from France Vermeille & Co
Focus on pre-insolvency proceedings can be country productive
Market for distressed entices cannot emerge without effective valuation methodology and cramdown procedure
European banking supervision needs a pan-European insolvency law
SEC registration statements are the most efficient and reliable method for a private company to...obtain public company status. Using a registration statement, companies provide transparency to investors and avoid the risks of reverse merger transactions. This blog post addresses some of the most common questions we are asked about SEC registration statements and and the going pubic process.
Interlocking Directorates and Anti-Competitive Risks ? An Enforcement Gap in ...Vermeille & Co
Interlocking Directorates and Anti-Competitive Risks ? An Enforcement Gap in Europe ? de Florence Thépot, Florian Hugon et Mathieu Luinaud.
Souvent occultée par les situations de prises de participations minoritaires, la pratique des cumuls de mandats d’administrateur entre concurrents n’est pas sans susciter un risque d’effets anticoncurrentiels.
The presentation summaries the process to implement uncleared margins CFTC and Prudential Regulators rules to collect collateral daily for OTC products for certain banks.
Thank you for viewing these samples of my work. To schedule a more complete review of my portfolio, please feel free to email me at jdavison@aethellen.com.
I spoke at the Emerging Payments Conference, http://tinyurl.com/zxzqppd, on "The Myth of an Unregulated Fintech Marketplace," discussing compliance & regulatory challenges facing Fintech.
Clarke Global - Digital Securities OverviewKadeemClarke3
Comprehensive deck overviewing asset tokenization, securities regulation, blockchain, and future opportunities with digital securities. Created by Kadeem Clarke, founder of Clarke Global and former blockchain VC investor
8 Decimal Capital Security Token Industry OverviewKadeemClarke3
8 Decimal Capital, a leading fund in the blockchain venture capital space, has begun focusing on security tokens (STs) and security token offerings (STOs). We believe this new technology will revolutionize the financial industry and how assets are managed and traded.
Help, My Business is in Trouble! (Series: Restructuring, Insolvency & Trouble...Financial Poise
When a business becomes financially troubled, the business owner often experiences denial, paralysis, or both. Lenders commonly lose confidence and then trust in the business, as communications tend to break down, deadlines are missed, and promises are broken. Small business owners commonly have issued personal guarantees, so business failure can often lead to personal financial stress. The good news is the business and business owner usually has some options, and even some leverage. This webinar explains what a business owner should- and should not- consider and do when dealing with financial trouble. Specific topics include discussion of bankruptcy (Chapters 7 and 11); assignments for the benefit of creditors; and friendly foreclosures. This webinar provides the business owner and her advisors with an overview of various restructuring and liquidation methods, a framework for how to decide between them, and practical tips for traversing the difficult environment that is financial distress.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/help-my-business-is-in-trouble-2020/
Confirmations are an essential component of derivative transactions and a demanding regulatory environment has left the industry facing significant mandatory change.
US/ Canada cross-border tax planning could be impacted by the recent finalization of Section 385 regulations by the IRS and Treasury Department. Because most of these new rules apply with an effective date reaching back to April 5, 2016, it is imperative that Canadian companies with U.S. activities assess their potential impact and develop a strategy for managing their exposure to these rules.
AIMA Hedge Fund Manager Training, 13th April 2016. Hosted by Mike Booth and Andrew Henderson this session was focused towards portfolio managers, dealers and compliance teams. We had 70+ hedge fund managers register and we covered topics including:
• The FCA’s rules applicable for front office controls
• The lessons that can be learned from the recent front office controls fines
• The respective roles of compliance and front office teams
• What firms are doing in practice
• A brief overview of the new MAD II / MiFID II rules in the context of front office controls
Materi Workshop Legal Due Diligence (LDD) yang di selenggarakan oleh EMLI Training. Materi di sampaikan oleh Bapak Dendi Adisuryo, beliau adalah Partner at ADCO Attorneys at Law.
Managing cross-border acquisitions of technology companiesWhite & Case
Goal of our presentation is to help you as in-house counsel grasp the process and framework for approaching a cross-border technology transaction
What is a cross-border transaction?
Entity acquiring an entity or business in another country
In technology transactions, domestic transactions often have significant cross-border elements
What is different about a cross-border acquisition?
None of the usual rules apply
Complexity increases burden on counsel
Assess potential issues as early as possible
This presentation provides start up managers with an overview of the fund formation process and details many of the hedge fund laws and regulations. A full voice-over of this presentation can be found at www.hedgefundlawblog.com.
Similar to Legal Hot Topics – Pierre Labuschagne (20)
Medicines Verification Systems in Europe – a perspective from wholesale distr...László Árvai
The Falsified Medicines Directive and its Delegated Regulation on Safety Features
European Medicines Verification Organisation (EMVO) and the roll-out of National Medicines Verification Systems
GIRP and wholesale distributors perspectives on medicines verification systems
Impact on the actors in the supply chain
Best Practices in the Field of Serialization and Safe Supply Chain László Árvai
GS1 – and global standards • ABC – Argentina, Brasil, China and other countries – what is the world doing beyond Europe? • Serialisation – how and when? • Visibility in the supply chain – reality or myth • Patient Safety and the “Level below the Each”
The transparency of securities financing transactions in the EULászló Árvai
Capital Markets Union (CMU)
•EU capital markets are global
•Considerable progress has been made
•But inefficiencies, legal barriers, insufficient competition remain.
•Markets need to work better for the economy, delivering growth and jobs.
Potential career path between profilesLászló Árvai
Architects
Business
Development
Governance
Group IT - job profiles
Infrastructure
IT Development
IT Operations (development)
IT Service
Management
Management
Project Management
Security
Staff
Test Management
Agenda
Danske Bank IT – A Global Workforce
Career Path project vision and overview
Job profile example
Presentation of speaker
Paradigm shifts of IT Competencies
CSDR Technical Standards and Technical AdviceLászló Árvai
Presentation to explain ESMA’s on-going involvement in the drafting of
the CSDR Level 2 requirements
Outline of ESMA’s role in the Level 2 process
Reference to main stakeholder feedback to the ESMA consultation
papers and the related ESMA responses
Questions
What affects interview
• Overconfidence!
• Biases
- First impressions
- Stereotypes
- Like me/I like you
- Halo/horns
• Poor planning for interview (lack of knowledge of role and/or criteria)
• Poor decision making
• Lack of interviewing skills (questioning, listening, note taking, evaluating)
Why could this presentation be relevant for you?
IF you have: - duplications in your organisation
-unclear processes
-unclear responsibilities Or: - It is not clearly defined, who your internal consumers are - What are the real added value activies? - You do not exactly know how measure the effectiveness?
CHALLENGES FOR A CRO IN A NEARLY GONE CONCERN OPERATING ENVIRONMENTLászló Árvai
Banca Marche is a very typical commercial retail bank, offering a wide range of products and services… … at the end of 2012 (last official figures available)… was among the first 20 Italian banks in terms of total assets (23 bln) had a very high market share in Marche Region (25%, 23% deposits and 20% branches) and about 1% of whole Italian market share (1,0% loans, 0,8% deposits and 1,0% branches)
Are CCPs here to manage risk or instead to cause it?
•Changing environment: security vs capital efficiency
•Diversity killed by regulation?
•CCP default scenario: recovery vs resolution
2
Credit Risk Losses | Real Losses Are they inconsistent?László Árvai
Focusing on:
• Contracting a new deal
• Good and properous customer relationship
• To have nice conversation
• Learn all the needs of his client
• Write a loan application
• Fill in the forms of the system
• Cope with all the compliance „handicaps“
• Analyse the business plan, the forecast, …
The post trade challenges of implementing CSDR settlement discipline: Mandato...László Árvai
What is a buy-in, and how do they work?
What is cash compensation?
The challenges of buy-ins and cash compensation
CSDR Level 1 and mandatory buy-ins
The Level 2 ESMA Consultation Paper: the 3 options for a buy-in mechanism
The challenges with the options
Conclusion (the need to amend the Level 1 text)
CSDR Mandatory Buy-ins
1 . How did we get into this mess
•Ukraine is one of only two countries of the FSU yet to recover to its 1991 level of GDP
–Total reform failure
–Got democracy but Yanukovych was a bad choice
•In the last decade Russia has been transformed into a “normal” country
(albeit with a lot of problems)
100 mln clients 6 countries 70,000 employees
TOP-3 best employers
85% vacancies are closed by internal candidates
TOP-10 best companies for leaders in Russia (2014)
G20 (2009): Strengthen loan loss accounting using broader
range of information aiming at greater stability
IFRS 9: 3S-approach replaces Incurred Loss (IL)-approach
Basel Committee Guidelines: Are claims justified?
higher model quality and backtesting
Macroeconomic projections
Denouncing shortcuts (e.g. 30d past due)
For lack of empirical evidence: Let’s use simulations
Revolving 10Y-loan portfolio, infinitely granular follows Moody’s
US-Corp. migration statistics, transfer S1/2: 3notch downgrade
(papers.ssrn.com/sol3/papers.cfm?abstract_id=2187515
how can i use my minded pi coins I need some funds.DOT TECH
If you are interested in selling your pi coins, i have a verified pi merchant, who buys pi coins and resell them to exchanges looking forward to hold till mainnet launch.
Because the core team has announced that pi network will not be doing any pre-sale. The only way exchanges like huobi, bitmart and hotbit can get pi is by buying from miners.
Now a merchant stands in between these exchanges and the miners. As a link to make transactions smooth. Because right now in the enclosed mainnet you can't sell pi coins your self. You need the help of a merchant,
i will leave the telegram contact of my personal pi merchant below. 👇 I and my friends has traded more than 3000pi coins with him successfully.
@Pi_vendor_247
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The European Unemployment Puzzle: implications from population agingGRAPE
We study the link between the evolving age structure of the working population and unemployment. We build a large new Keynesian OLG model with a realistic age structure, labor market frictions, sticky prices, and aggregate shocks. Once calibrated to the European economy, we quantify the extent to which demographic changes over the last three decades have contributed to the decline of the unemployment rate. Our findings yield important implications for the future evolution of unemployment given the anticipated further aging of the working population in Europe. We also quantify the implications for optimal monetary policy: lowering inflation volatility becomes less costly in terms of GDP and unemployment volatility, which hints that optimal monetary policy may be more hawkish in an aging society. Finally, our results also propose a partial reversal of the European-US unemployment puzzle due to the fact that the share of young workers is expected to remain robust in the US.
Introduction to Indian Financial System ()Avanish Goel
The financial system of a country is an important tool for economic development of the country, as it helps in creation of wealth by linking savings with investments.
It facilitates the flow of funds form the households (savers) to business firms (investors) to aid in wealth creation and development of both the parties
how to sell pi coins effectively (from 50 - 100k pi)DOT TECH
Anywhere in the world, including Africa, America, and Europe, you can sell Pi Network Coins online and receive cash through online payment options.
Pi has not yet been launched on any exchange because we are currently using the confined Mainnet. The planned launch date for Pi is June 28, 2026.
Reselling to investors who want to hold until the mainnet launch in 2026 is currently the sole way to sell.
Consequently, right now. All you need to do is select the right pi network provider.
Who is a pi merchant?
An individual who buys coins from miners on the pi network and resells them to investors hoping to hang onto them until the mainnet is launched is known as a pi merchant.
debuts.
I'll provide you the Telegram username
@Pi_vendor_247
what is the future of Pi Network currency.DOT TECH
The future of the Pi cryptocurrency is uncertain, and its success will depend on several factors. Pi is a relatively new cryptocurrency that aims to be user-friendly and accessible to a wide audience. Here are a few key considerations for its future:
Message: @Pi_vendor_247 on telegram if u want to sell PI COINS.
1. Mainnet Launch: As of my last knowledge update in January 2022, Pi was still in the testnet phase. Its success will depend on a successful transition to a mainnet, where actual transactions can take place.
2. User Adoption: Pi's success will be closely tied to user adoption. The more users who join the network and actively participate, the stronger the ecosystem can become.
3. Utility and Use Cases: For a cryptocurrency to thrive, it must offer utility and practical use cases. The Pi team has talked about various applications, including peer-to-peer transactions, smart contracts, and more. The development and implementation of these features will be essential.
4. Regulatory Environment: The regulatory environment for cryptocurrencies is evolving globally. How Pi navigates and complies with regulations in various jurisdictions will significantly impact its future.
5. Technology Development: The Pi network must continue to develop and improve its technology, security, and scalability to compete with established cryptocurrencies.
6. Community Engagement: The Pi community plays a critical role in its future. Engaged users can help build trust and grow the network.
7. Monetization and Sustainability: The Pi team's monetization strategy, such as fees, partnerships, or other revenue sources, will affect its long-term sustainability.
It's essential to approach Pi or any new cryptocurrency with caution and conduct due diligence. Cryptocurrency investments involve risks, and potential rewards can be uncertain. The success and future of Pi will depend on the collective efforts of its team, community, and the broader cryptocurrency market dynamics. It's advisable to stay updated on Pi's development and follow any updates from the official Pi Network website or announcements from the team.
What price will pi network be listed on exchangesDOT TECH
The rate at which pi will be listed is practically unknown. But due to speculations surrounding it the predicted rate is tends to be from 30$ — 50$.
So if you are interested in selling your pi network coins at a high rate tho. Or you can't wait till the mainnet launch in 2026. You can easily trade your pi coins with a merchant.
A merchant is someone who buys pi coins from miners and resell them to Investors looking forward to hold massive quantities till mainnet launch.
I will leave the telegram contact of my personal pi vendor to trade with.
@Pi_vendor_247
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how can I sell my pi coins for cash in a pi APPDOT TECH
You can't sell your pi coins in the pi network app. because it is not listed yet on any exchange.
The only way you can sell is by trading your pi coins with an investor (a person looking forward to hold massive amounts of pi coins before mainnet launch) .
You don't need to meet the investor directly all the trades are done with a pi vendor/merchant (a person that buys the pi coins from miners and resell it to investors)
I Will leave The telegram contact of my personal pi vendor, if you are finding a legitimate one.
@Pi_vendor_247
#pi network
#pi coins
#money
The secret way to sell pi coins effortlessly.DOT TECH
Well as we all know pi isn't launched yet. But you can still sell your pi coins effortlessly because some whales in China are interested in holding massive pi coins. And they are willing to pay good money for it. If you are interested in selling I will leave a contact for you. Just telegram this number below. I sold about 3000 pi coins to him and he paid me immediately.
Telegram: @Pi_vendor_247
Resume
• Real GDP growth slowed down due to problems with access to electricity caused by the destruction of manoeuvrable electricity generation by Russian drones and missiles.
• Exports and imports continued growing due to better logistics through the Ukrainian sea corridor and road. Polish farmers and drivers stopped blocking borders at the end of April.
• In April, both the Tax and Customs Services over-executed the revenue plan. Moreover, the NBU transferred twice the planned profit to the budget.
• The European side approved the Ukraine Plan, which the government adopted to determine indicators for the Ukraine Facility. That approval will allow Ukraine to receive a EUR 1.9 bn loan from the EU in May. At the same time, the EU provided Ukraine with a EUR 1.5 bn loan in April, as the government fulfilled five indicators under the Ukraine Plan.
• The USA has finally approved an aid package for Ukraine, which includes USD 7.8 bn of budget support; however, the conditions and timing of the assistance are still unknown.
• As in March, annual consumer inflation amounted to 3.2% yoy in April.
• At the April monetary policy meeting, the NBU again reduced the key policy rate from 14.5% to 13.5% per annum.
• Over the past four weeks, the hryvnia exchange rate has stabilized in the UAH 39-40 per USD range.
Turin Startup Ecosystem 2024 - Ricerca sulle Startup e il Sistema dell'Innov...Quotidiano Piemontese
Turin Startup Ecosystem 2024
Una ricerca de il Club degli Investitori, in collaborazione con ToTeM Torino Tech Map e con il supporto della ESCP Business School e di Growth Capital
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Legal Hot Topics – Pierre Labuschagne
1. Post Trade Forum & Trade Show – 10 September 2015
Legal Hot Topics – Pierre Labuschagne
1
2. Legal Hot Topics
Hindsight
Has the initial goal of bringing order to the financial markets been achieved?
Has there been an overreaction and new regulations have inhibited the free
market system and specifically liquidity?
What clarity of legal thought has now evolved which can be trace through the
various regulations and does it enhance established legal principles?
Is there now an emerging need for deregulation to re-dress the balance of new
regulations?
2
3. New Era of relationship between Legal and Compliance
Deeper analysis of new regulations required
Grey areas
The role of Legal & Compliance is continuously evolving.
Business Prevention Officers?
Grey requires new partnership with Legal and Compliance
– Resources and using consultants/contractors and whether long term
expertise stays within a firm
– Early identification of possible regulatory violations
– Spotting potential business opportunities
3
Legal Hot Topics
4. Mandated Clearing
Deadlines fast approaching
Complexity of clearing documentation not to be underestimated
Basel III – leverage ratio requirements are a disincentive for main clearers
Mitigating factor of segregation of funds not recognised
Main clearers will focus on platinum and profitable clients
Strong possibility that smaller Financial Counterparties will end up without
clearing ability
Predicted smaller building societies will battle to provide fixed mortgages
4
Legal Hot Topics
5. Legal Hot Topics – Indirect Clearing
CCP
Clearing Member
Segregation
Separate records
and accounts
Portability
EMIR
Clearing Client
Indirect Client
Leapfrog Payment
6. Legal Hot Topics
Indirect Clearing
Intended to be simpler and cheaper because clearing client does not have to
contribute to default fund of the CCP
Clearing Member assumes same role as the CCP and the clearing client
assumes some of the rights and obligations of the Clearing member
Should be voluntarily
Leapfrog Payment
– How to avoid bankrupt estate of the clearing client.
Portability – Difference between EMIR and MiFIR
6
7. Legal Hot Topics
Clearing Documentation
CDEA (Clearing Derivatives Executing Agreement)
Trades not cleared and set out various fall back positions
Calculation of early termination amounts
Originates through FIA US
Swapclear has own version
Relevance in the US due to SEFs?
MiFIDII/MiFIR impact
Frontloading
EU and Non-EU
7
8. Legal Hot Topics
Clearing Documentation
NFC Representation
Non EU Counterparties
Problem: One NFC+ contaminates all NFCs in the group
Non EU-groups must do extensive due diligence exercise
Q&A – If NFC- representation not obtained treat as an NFC+
– Daily mark-to market
– Cleared non cleared pricing
– Portfolio reconciliation
ISDA NFC Protocol
– Over the top?
– Additional Termination Event
8
9. Legal Hot Topics
Reporting agreements
ISDA Standard
Many firms have tailored versions
Indemnity
Remaining regulatory obligations for client
9
10. Legal Hot Topics
Clearing Agreements
FOA/ISDA Clearing Addendum
ISDA Master Agreement
– Credit Support Annex
Prime Brokerage Agreement
Futures Agreement
Very detailed with definitions and drafted in working groups consisting of
both buy and sell side groups.
Legal Opinions
Detailed portability provisions
Can be used for different CCPs
10
11. Legal Hot Topics
Clearing Agreements
SwapClear Clearing Agreement
Frontrunner of the FOA/ISDA Clearing Addendum
In conjunction with SwapClear Execution Agreement
Essentially same principles apply as the FOA/ISDA Clearing Addendum
Various different jurisdictional legal opinions.
FIA Europe module to Client Agreement
The European standard terms for exchange traded derivatives
OTC Derivatives module that facilitates trading of OTC Derivatives
Less complex and more scope for negotiations
Less detailed margin provisions
Legal Opinions
11
12. Legal Hot Topics
Margin for Uncleared OTC Derivatives Trades
Mainly applicable on uncleared trades between Financial Counterparties and/or NFC+s
Certain thresholds of gross notional trades are triggered
Level two regulations not yet been finalised
Main impact will be on documentation providing collateral such as the ISDA Credit
Support Annex/Deed
No rights of rehypothecation (re-use of collateral) of initial margin
Initial margin to be kept with third party custodians – new agreement
Rights of rehypothecation can apply to variation margin
Can initial and variation margins be covered under the same CSA/Deed?
Principles of Credit Support Deed to be introduced?
Method of Introducing amendments
– Wet signature exercise
– Protocol adherence
12
14. Legal Hot Topics
14
Disclaimer
These slides are not intended to be advice (legal or otherwise) by Lloyds Bank plc on
any of the legal principles, regulations or other business principles discussed under
these slides or presentation thereof. Nor may any part of these slides be copied without
the express written agreement of Lloyds Bank plc. Lloyds Bank plc does not accept any
liability for the content of these slides, the presentation thereof or for the consequences
of any actions taken on the basis of the information provided in these slides or
presentation. Lloyds Bank plc recommends that recipients and members of the
audience should conduct their own independent enquiries and obtain their own
independent professional, legal, regulatory, tax or accounting advice as appropriate to
assist in the understanding the legal principles, regulations or other business principles
as set out under these slides and presentation thereof.