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

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

The January 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 January 2010

Practical Law UK Articles 1-501-2988 (Approx. 6 pages)

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

by Practical Law
Published on 28 Jan 2010ExpandGermany, Japan, Russian Federation...United Kingdom, USA (National/Federal)
The January 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.

Germany

Contributed by Simmons & Simmons

Review of 2009/What to expect in 2010

The financial markets in Germany 2009 and outlook for 2010
This article highlights the most significant developments related to the financial markets in Germany in 2009, as well as looking forward to those to come in 2010. Read more.

Financial institutions

Compensation standards for credit institutions and financial services providers in Germany
Following the FSB's development of the Principles of Sound Compensation Packages during the course of the G20 summit in 2009, on 21 December 2009, BaFin published its Circular 22/2009 concerning regulatory requirements for compensation systems of credit institutions and financial services providers. This serves as basis for the draft bill relating to the regulatory requirements for compensation schemes of credit institutions and insurance companies issued by the German Ministry of Finance on 15 January 2010. Read more.
Reporting by financial leasing institutions of exposures in excess of EUR1 million
BaFin and German Federal Reserve Bank allow financial leasing institutions for notification dates from 15 January 2010 onward to base notifications of exposures in excess of EUR1 million on the present cash value of the discounted minimum lease payments. Read more.
Click here for the full text of this month's Germany updates.

Japan

Contributed by Atsumi & Partners

Review of 2009/What to expect in 2010

The financial markets in Japan 2009 and outlook for 2010
This article highlights the most significant developments related to the financial markets in Japan in 2009, as well as looking forward to those to come in 2010. Read more.

Capital markets

Tokyo Stock Exchange propels rights issues by amending regulations
In December 2009, the Tokyo Stock Exchange announced various changes to the regulations applicable to listed companies. One of the most notable amendments relates to rights issues and provides more flexibility to companies wishing to increase their share capital. Read more.
Click here for the full text of this month's Japan updates.

Russian Federation

Contributed by White & Case LLP

Government policy

A focus of the government in 2010 will be the modernisation of the Russian economy in 2010
On 30 December 2009 the Government approved the Main Directions of the Government Anti-Crisis Actions for 2010. The key measures in the plan are summarised here. Read more.

Financial institutions

Loans granted by VEB for the refinancing of external debt of companies may be prolonged
On 27 December 2009 the President signed Federal Law No. 361-FZ amending the Law on Additional Measures for Support of the Financial System. The amendments allow extensions for loans granted by VEB to companies for the repayment of their external debt, and provide for changes in the interest rates according to LIBOR rates at the time of extension. The Law entered into force on 29 December 2009.
Preferred shares issued to increase banks' capitalisation will constitute part of their core capital
The Central Bank has amended Regulation No. 215-P "On the Method of Calculation of the Net Worth (Capital) of Credit Organisations," so that, where a bank has increased its capital by exchanging preferred shares for federal loan bonds, such preferred shares make up part of the bank's core capital. Read more.
Softened rules for banks to make provisions for potential losses in loans will be effective until 30 June 2010
On 11 December 2009 the Central Bank issued Directive 2359-U regarding the provisions for potential losses in loans. The Directive extends the term of softened rules on provisions for potential losses in loans from 31 December 2009 to 30 June 2010 (the rules were introduced by Central Bank Directive No. 2156-U, dated 23 December 2008). The Directive entered into force on 28 December 2009.
Banks attracting individual deposits must disclose information on their controlling persons
The Central Bank has amended its rules on the insurance of individual bank deposits so that banks participating in the system of mandatory insurance of individual bank deposits must disclose information on persons that significantly impact (directly or indirectly) the decisions of the bank's management bodies. Read more.
Banks will not be able to unilaterally increase interest rates for loans granted to individual borrowers
On 9 December 2009 the State Duma adopted in the first reading Draft Law No. 257299-5 amending the Law on Banks and Banking Activity. The amendments seek to ban banks from unilaterally increasing interest rates, commission fees and decreasing the term of credit agreements if they are concluded with individual borrowers (currently, banks do this if such opportunity is provided for in a credit agreement). The provisions of the Draft Law will apply if adopted by the State Duma in three readings, approved by the Federation Council, signed by the President, and officially published.
The Central Bank has reduced the refinancing rate to 8.75%
On 25 December 2009, the Central Bank issued Directive No. 2369-U, decreasing the refinancing rate from 9% (which was effective as of 25 November 2009) to 8.75% per annum. The Central Bank sets the refinancing rate for its financing of commercial banks. The rate is also used for calculating interest on commercial loans (if the rate is not specified in an agreement), tax payments and in other cases provided by law. The Directive entered into force on 25 December 2009 and the new rate applies as of 28 December 2009.

Financial instruments

Russian law now recognises conversion of debt into equity
In December 2009, the President signed a new law, amending various pieces of legislation, to introduce the possibility for Russian companies to covert their debt into equity. Read more.
Click here for the full text of this month's Russian Federation updates.

United Kingdom

Contributed by Norton Rose LLP

Review of 2009/What to expect in 2010

The regulatory landscape - emerging from the mist of the financial crisis
This article highlights the most significant developments related to the financial markets in the United Kingdom in 2009, as well as looking forward to those to come in 2010. Read more.

Copenhagen and the financial crisis

What impact did the global financial crisis have on the United Nations Climate Change Conference (COP15) negotiations in Copenhagen?
Following the failure of the Copenhagen Climate Change Conference to deliver a far reaching Accord to bring climate change under control, this article considers the role played by the financial crisis in making such an agreement more difficult to attain. Read more.

Financial instruments

Reforming UK derivatives markets - A UK perspective
HM Treasury and the FSA have published a joint paper (Reforming OTC Derivative Markets - A UK perspective) responding to the recent European Commission Communication on ensuring efficient, safe and sound derivatives markets. In this paper they set out their thinking on the measures that need to be implemented to address systemic shortcomings in OTC derivative markets, the key points of which are summarised here. Read more.

Restructuring and insolvency

Establishing resolution arrangements for investment banks
HM Treasury has published a consultation document (Establishing resolution arrangements for investment banks) in which it sets out its thinking and outlines more than 30 policy initiatives that are designed to mitigate the impact of the failure of an investment firm. Read more.

Tax

One-off Bank Payroll Tax (BPT) on employee bonuses
The UK Government has introduced a new, temporary and one-off, tax on bonuses paid by banks and building societies to employees, where the bonus is paid before 6 April 2010 (although that date may be extended). Read more.
Click here for the full text of this month's United Kingdom updates.

United States

Contributed by Shearman & Sterling LLP

Executive compensation and employee benefits

SEC's new year's resolution requires companies to enhance compensation and governance disclosure
On 16 December 2009, the US Securities and Exchange Commission voted to adopt final rules amending the proxy disclosure rules applicable to all US publicly listed registrants. This articles outlines the new disclosure requirements set out in the rules. Read more.

Financial institutions

US Congress passes hurdle in Wall Street Reform Bill
On 11 December 2009, the US House of Representatives passed the "Wall Street Reform and Consumer Protection Act of 2009". The bill revamps fundamental aspects of financial services law and is intended to address many of the perceived causes of the recent financial crisis. At well over 1,000 pages, the bill defies summary, but especially significant provisions are summarised in this article. Read more.
Click here for the full text of this month's United States updates.