PLC Global Finance multi-jurisdictional monthly e-mail for October 2010 | Practical Law

PLC Global Finance multi-jurisdictional monthly e-mail for October 2010 | Practical Law

The October 2010 multi-jurisdictional monthly e-mail from PLC Global Finance, containing information on worldwide developments in banking, financial services and financial markets. For previous updates, click here.

PLC Global Finance multi-jurisdictional monthly e-mail for October 2010

Practical Law UK Articles 9-503-6570 (Approx. 5 pages)

PLC Global Finance multi-jurisdictional monthly e-mail for October 2010

by Practical Law
Published on 01 Nov 2010ExpandAustralia, Germany, Japan...Singapore, United Kingdom, USA (National/Federal)
The October 2010 multi-jurisdictional monthly e-mail from PLC Global Finance, containing information on worldwide developments in banking, financial services and financial markets. For previous updates, click here.

Australia

Contributed by Minter Ellison

Consumer

Overview of the Australian consumer law reforms: how will the law change from 1 January 2011?
Businesses in Australia have been on notice since June that the current Trade Practices Act landscape for regulating consumer protection and unfair business practices will be overhauled under the Australian Consumer Law from 1 January 2011. This article provides an overview of where Australian businesses' obligations will change. Read more.

Germany

Contributed by Simmons & Simmons

Data protection

The German draft Act on Employee Data Protection: a compliance update
The federal government has adopted its draft Act on Employee Data Protection. Among other things, this contains provisions on the implementation of compliance requirements and fighting corruption. Read more.

Restructuring and insolvency

Subordinated creditors may file for insolvency proceedings even if they cannot expect any payment from the insolvent estate
German law insolvency proceedings may be initiated by an application by creditors of an allegedly insolvent company. However, there has been uncertainty if such an application by a creditor is abusive if that creditor's claims are subordinated and if the creditor cannot expect to receive any payment from the insolvency proceedings. This article outlines the court's ruling on this matter. Read more.
Click here for the full text of this month's Germany updates.

Japan

Contributed by Atsumi & Partners

Trade finance

An outline of regulations regarding assignment of claims in Japan
In recent months, Japan has seen an increase in factoring and non-performing loan business. One key aspect of such business is the ability to assign claims. This article covers some of the more common questions that market participants have in relation to such assignments. Read more.

Restructuring and insolvency

Late claims not recognised under Corporate Rehabilitation Proceedings
On 4 June 2010, the Supreme Court affirmed that borrowers' claims against non-bank lenders will forfeit after a court has approved a rehabilitation plan pursuant to corporate rehabilitation proceedings, if a proof of claim is not filed by the specified deadline. This article briefly compares corporate rehabilitation proceedings with the same position under civil rehabilitation proceedings. Read more.
Click here for the full text of this month's Japan updates.

Singapore

Contributed by Allen & Gledhill LLP

Dispute resolution

Singapore High Court rules that bank owes no contractual or tortious duty to give client investment advice
The recent case of Go Dante v Bank Australia Creditanstalt AG concerned an action brought by the claimant against the defendant bank in respect of losses suffered on the claimant's investment portfolio, following the Asian financial crisis of 1997 and 1998. The Singapore High Court held that the defendant bank owed no duty in contract and/or tort to advise the claimant as to the prudence of his investment portfolio. Read more.

Financial institutions

MAS responds to feedback on proposals to enhance Deposit Insurance Scheme: Insuring all non-bank depositors and raising coverage to S$50,000
On 3 September 2010, the Monetary Authority of Singapore (MAS) issued its response to feedback received during a public consultation exercise on proposed enhancements to the Deposit Insurance Scheme in Singapore. Feedback to the consultation exercise was received from both consumers and the industry. Some of MAS' proposals are discussed in this article. Read more.
Click here for the full text of this month's Singapore updates.

United Kingdom

Contributed by Norton Rose LLP

Financial institutions

New Basel bank capital standards
On 12 September 2010, the Basel Committee on Banking Supervision announced that it had reached certain agreements that would fundamentally strengthen global capital standards. The Committee agreed to increase the minimum common equity requirement from 2% to 4.5%. Banks would also be required to hold a capital conversion buffer of 2.5% to withstand future periods of stress, bringing the total common equity requirements to 7%. Read more.

Pensions

Financial support directions for Lehman Brothers Pension Scheme
On 13 September 2010, the Determinations Panel of the Pensions Regulator determined that financial support directions should be issued against six companies within the Lehman Brothers group in respect of the Lehman Brothers Pension Scheme. Read more.

Tax

European Commission proposals for taxing the financial sector
The European Commission is pushing ahead with its proposals for a Europe-wide or global tax. The Commission has issued a communication that supports introduction of a Financial Transaction Tax (FTT) at a global level and a Financial Activities Tax (FAT) throughout the EU. This article provides a brief overview of how the tax would work in practice. Read more.
Click here for the full text of this month's United Kingdom updates.

United States

Contributed by Shearman & Sterling LLP

Financial institutions

US mutual funds and Rule 12b-1: the window on public comment is closing
On 5 November 2010, the public comment period will come to a close on the US Securities and Exchange Commission's ambitious proposal to reform how payments are made for the distribution of US mutual fund shares. Read more.