This constitutes the third in a four-part series that discusses the practice of repledging (sometimes referred to as “rehypothecation”), how standard agreements allow for repledging, the treatment of repledging under current...more
In a welcome change in approach to financial market regulation, the United Kingdom’s Financial Conduct Authority (FCA) is requiring market participants to deliver good outcomes for consumers.
On July 27, 2022, the FCA...more
1/25/2023
/ Consumer Protection Laws ,
Enforcement ,
Fair Valuation ,
Financial Conduct Authority (FCA) ,
Financial Crimes ,
Financial Markets ,
Financial Stability Acts ,
Governance Standards ,
Private Right of Action ,
Securities and Exchange Commission (SEC) ,
Suitability Requirements ,
UK
In September 2022, the US Securities and Exchange Commission (SEC) announced that it had filed suit against one broker-dealer underwriter and entered into settlements with three other broker-dealer underwriters in cases...more
The US Securities and Exchange Commission (SEC) has adopted a new standard called Regulation Best Interest (Reg BI) that shifts the focus on protecting customers first and foremost. Although the regulation possibly puts...more
8/1/2022
/ Best Interest Standard ,
Broker-Dealer ,
Compliance ,
Conflicts of Interest ,
Consumer Protection Laws ,
Cryptoassets ,
Cryptocurrency ,
Disclosure Requirements ,
Due Diligence ,
EU ,
Fiduciary Duty ,
Financial Adviser ,
Investment Adviser ,
Securities and Exchange Commission (SEC)
Snidely Whiplash kidnaps Nell and, in the show’s opening, ties her to the railroad tracks to get even with his nemesis, Dudley Do-Right, of the famed Royal Canadian Mounted Police. Menacing music plays.
In each episode,...more
11/4/2021
/ Alternative Reference Rates Committee (ARRC) ,
CFTC ,
Comptroller ,
Consumer Financial Protection Bureau (CFPB) ,
FDIC ,
Federal Reserve ,
Financial Conduct Authority (FCA) ,
Interest Rates ,
ISDA ,
Libor ,
NCUA ,
Proposed Legislation ,
Secured Overnight Funding Rate (SOFR) ,
Securities and Exchange Commission (SEC) ,
Trust Indenture Act ,
UK
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
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 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)
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
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
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
For a variety of reasons, as has been widely reported, LIBOR is to cease to be published by the end of 2021 and this expected elimination of the index upon which financing transactions are based raises serious tax and non-tax...more
11/4/2019
/ Alternative Reference Rates Committee (ARRC) ,
Capital Gains ,
Capital Gains Tax ,
Corporate Issuers ,
Credit Default Swaps ,
Disclosure Requirements ,
Federal Reserve ,
Financial Stability Board ,
Financial Transactions ,
Interest Rates ,
Internal Revenue Code (IRC) ,
ISDA ,
Libor ,
Proposed Regulation ,
Secured Overnight Funding Rate (SOFR) ,
Securities and Exchange Commission (SEC) ,
Swaps ,
Tax-Exempt Bonds ,
U.S. Treasury