Briefings in English - 2010
The UK Bribery BillBribery and corruption have risen rapidly up the UK political agenda in recent years. The Bribery Bill finally looks set to enter the statute book later this year. It repeals existing bribery offences and introduces new ones – including, for the first time, a corporate offence of failing to prevent bribery. In this briefing we consider some of the key issues that arise from the Bill as well as some practical steps that corporates may wish to consider taking now to prepare for when the Bill becomes law. (February 2010)
BaFin issues guidelines on marketing communications of investment firmsInvestment firms have to ensure that their marketing communications are fair, clear and not misleading. On 11 February 2010 the German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht – BaFin) published a set of guidelines that will affect marketing by investment firms. (February 2010)
FSA enforcement in 2010In this briefing we consider, in light of the Financial Services Authority’s enforcement activity in 2009, what the main themes are likely to be for regulatory enforcement in the coming year. (February 2010)
Financial Services Bill: an update on collective redress and regulator-led redressThis is an update to our briefing of December 2009, which considered the provisions in the Financial Services Bill relating to collective redress and regulator-led redress. These provisions have now been debated in parliament by the House of Commons Financial Services Bill Committee. This update sets out the key issues raised before the Committee and the government’s response. (February 2010)
Solvency II and the regulation of insurance across EuropeThe prudential regulation of insurance and reinsurance companies across the European Economic Area (EEA) is due for radical modernisation from October 2012, including a review of the insurance industry’s solvency framework. This follows the adoption in November 2009 of the Solvency II Directive and its publication in the Official Journal. One of the primary aims of the Directive is to produce a more consistent solvency standard that will protect consumers across all markets. This third edition of our client guide outlines progress on the project to date and how it may evolve over the next few years. (February 2010)
A Perpetual headache: ‘flip’ clause declared unenforceable by US Bankruptcy CourtThe US Bankruptcy Court has issued a declaratory judgment that the relevant clause flipping priority from the swap counterparty to the noteholders constituted an ipso facto provision and was therefore unenforceable – a judgment that produces a different result under US law to that established by the Court of Appeal in the Perpetual Trustee case from November 2009. The court also held that any attempt to enforce noteholder priority would constitute a violation of the automatic stay under the US Bankruptcy Code. (January 2010)
Resolution arrangements for investment banks: HM Treasury consultationHM Treasury has published a consultation paper setting out tentative proposals for changes to resolution arrangements for investment banks. Responses are invited by 16 March 2010. This briefing outlines the main proposals. (January 2010)
Unravelling the London G20 agenda
- The road to new financial regulation
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