News & Analysis as of

New Guidance Debt Securities

Orrick, Herrington & Sutcliffe LLP

OCC allows banks to use debt securities in repo agreements

On June 12, the OCC issued Interpretive Letter 1185 confirming that national banks may use certain debt securities as collateral in repurchase (repo) agreements. In the letter, the OCC responded to a December 19, 2024,...more

Hogan Lovells

ESMA guidance for new rules on incorporation by reference for prospectuses and interaction with the EuGB Regulation

Hogan Lovells on

ESMA has recently provided some answers to questions from market participants on the new rules around incorporation by reference under the EU Prospectus Regulation. This follows the changes brought in under the EU Listing Act...more

Herbert Smith Freehills Kramer

NAIC’s ‘Bond’ Definition — Latest Developments

Insurers and others are closely following efforts by the National Association of Insurance Commissioners (NAIC) to develop a new, comprehensive, “principles-based” definition of debt securities for purposes of insurers’...more

Parker Poe Adams & Bernstein LLP

New SEC Guidance for Rule 144A/Exxon Capital Debt Exchanges

For decades companies have privately issued nonconvertible debt securities to large, sophisticated investors (usually in a Rule 144A transaction) and agreed to exchange those unregistered securities for subsequently issued,...more

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