PLC Global Finance multi-jurisdictional monthly e-mail for March 2009 | Practical Law

PLC Global Finance multi-jurisdictional monthly e-mail for March 2009 | Practical Law

The March 2009 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 March 2009

Practical Law UK Articles 3-385-6017 (Approx. 6 pages)

PLC Global Finance multi-jurisdictional monthly e-mail for March 2009

by Practical Law
Published on 02 Apr 2009ExpandInternational, Japan, Russian Federation...UK, USA (National/Federal)
The March 2009 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.

Canada

Contributed by Borden Ladner Gervais LLP

Financial institutions

Canadian banks' use of government aid declining

Take-up rates by banks for government aid appear to be on the decline. The last four auctions under the Insured Mortgage Purchase Program have been undersubscribed, and there are other encouraging signs that things may be improving in Canada. Read more.

Japan

Contributed by Atsumi & Partners

Capital markets

Tokyo Stock Exchange announces two deregulatory measures in respect of delisting

As the financial crisis prompts mass delistings, the Tokyo Stock Exchange has responded by easing the rules on delisting to help companies that may temporarily be in financial difficulty. Read more.

Japanese stock exchanges setting up framework for a remote trading participant system

The Tokyo Stock Exchange has implemented its new remote trading participant system, enabling foreign securities firms to trade securities and derivatives in Japan without needing to establish (or appoint) a presence there, as previously required. However, some issues may remain. Read more.

The Financial Services Agency of Japan requests exchanges in Japan to enhance disclosure to each other

The Financial Services Agency of Japan has requested exchanges in Japan to enhance their disclosure of information about short selling and, as a temporary measure, amended regulations to prohibit naked short selling and to require holders of short positions to report to exchanges through securities firms. Read more.
Click here for the full text of this month's Japan updates.

New content added to the PLC Global Finance site

Q&A Guide to the Financial Crisis: Japan

PLC Global Finance has published a Q&A guide on the causes, effects and regulatory impact of the financial crisis in Japan, contributed by Atsumi & Partners.
This article is part of our new series of Country Q&A Guides to the Financial Crisis, available on the PLC Global Finance site.

Russian Federation

Contributed by White & Case LLP

Financial institutions

Small banks must increase their charter capital or withdraw from the banking market

The Russian Government has amended the law governing minimum charter capital for new banks and minimum new worth (capital) for existing banks and other credit organisations. Banks failing to meet the new requirements (as they enter into force) will have their banking licences revoked. Read more.

Asset finance

New law adopted to facilitate aircraft leasing and mortgaging

The government has introduced a new requirement to register rights to, and transactions with, aircraft. The new law aims to assist transactions, such as leasing or mortgaging aircraft, by improving the legal framework. Read more.

Government policy

Russian Government publishes its programme of anti-crisis measures

The Russian Government has published a programme of measures it intends to take in 2009 to counter the effects of the financial crisis on the Russian economy. Read more.
Click here for the full text of this month's Russian Federation updates.

United Kingdom

Contributed by Norton Rose LLP

Financial institutions

European Commission offers guidance on the treatment of impaired assets in the EU banking sector

Various European governments have recently announced plans to help relieve banks of the toxic debts on their balance sheets. Such assistance will typically amount to financial assistance and so will constitute state aid. To assist the situation, the European Commission has issued a communication on the application of the state aid rules to the treatment of impaired assets in the EU banking sector. Read more.

"Intrinsically unsatisfactory" - the FSA's assessment of current branching arrangements

The FSA has condemned current branching arrangements saying that they leave supervisors in states hosting branches of foreign banks unable to monitor and/or act effectively against those branches if the bank is inadequately supervised in its home jurisdiction. The FSA has proposed a number of options to help address this situation. Read more.

The future of group supervision?

The FSA has proposed legislative change in the UK and elsewhere to ensure that unregulated parent holding companies for financial services groups become subject to direct regulatory supervision so that they comply with prudential regulatory requirements. Read more.

Tax

Changes to tax rules as a result of the credit crunch

The UK Government has published two pieces of draft legislation containing changes to corporate grouping rules (particularly with regard to preference shares) and foreign currency accounting rules. The proposals seek to help companies struggling as a result of the current financial crisis. Read more.
Click here for the full text of this month's United Kingdom updates.

United States

Contributed by Shearman & Sterling LLP

Capital markets

Extensible business reporting language (XBRL) becomes mandatory for all registrants with the SEC

The SEC has adopted a final rule making the use of extensible business reporting language (XBRL) mandatory for all US public companies. The requirement is to be phased in over a three-year period depending on the type of company. Read more.

Financial institutions

TALF update: Programme launched this month

The general terms of the Term Asset-Backed Securities Loan Facility (TALF) were announced in mid-February 2009. In March, the Federal Reserve and Treasury Department announced further details and the first loans were made on 25 March 2009. This update explains the latest developments in the programme. Read more.

Executive compensation and employee benefits: underwater stock options

As companies' share values have declined, many have found that their outstanding employee stock options are "underwater" or "out-of-the-money" because the exercise price is higher than the company's current stock price. Some companies address this is through option repricing. This article examines some of the issues to consider when determining whether to effect an option repricing and the type of repricing to implement. Read more.

Restructuring and insolvency

The Fourth Circuit Court of Appeals declines to limit the Bankruptcy Code definition of "swap agreement" to contracts traded in the open market

In a recent decision, the Fourth Circuit Court of Appeals, relying on the plain language of the applicable sections of the Bankruptcy Code, held that the analysis of whether a contract is entitled to safe harbour protection should not be based on whether such contract trades in the public market or on an exchange. Read more.
Click here for the full text of this month's United States updates.