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

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

The November 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 November 2009

Practical Law UK Articles 3-501-0040 (Approx. 5 pages)

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

by Practical Law
Published on 14 Dec 2009ExpandGermany, Japan, Russian Federation...UK, USA (National/Federal)
The November 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.

Germany

Contributed by Simmons & Simmons

Financial institutions

A new era: New investment advice reporting requirement changes risk of liability for regulated institutions and branches in Germany
Further to our update in August on the new Act aimed, among other things, at improving the enforceability of investor claims arising from misleading or incomplete investment advice, we set out below a little more detail on the contents of the Act and related liability issues arising in connection with it. Read more.

Government policy

Relaunch of Hermes cover for the export of nuclear technology equipment?
In the newly constituted German Federal Parliament, several verbal enquiries have been made regarding the current and future activities of the German export credit agency Euler Hermes Kreditversicherungs-AG (Hermes) in relation to export financings of nuclear technology equipment. Read more.
Click here for the full text of this month's Germany updates.

Japan

Contributed by Atsumi & Partners

Companies and corporate governance

Fair Value for MBO Shareholders
Minority shareholders of Japanese companies have become more active in requiring an appropriate price for their shares in the event of a "squeeze-out" on a management buy-out (MBO), and several courts, including the Supreme Court of Japan, have supported shareholders' action in such cases. Read more.

Financial instruments

FSA establishes a project team on money lending business in Japan
The Financial Services Agency of Japan has established a project team to research the state of money lending business in Japan and the participants in it, and compare the industry in Japan with that of foreign countries to determine the necessity for measures to ensure the smooth enactment of the amended Money Lending Business Law. The project team is expected to take a leading role in optimising the efficiency of money lending business in Japan and dealing with continuing concern regarding unlicensed moneylenders. Read more.
Click here for the full text of this month's Japan updates.

Russian Federation

Contributed by White & Case LLP

Capital markets

The scope of violations in the securities market resulting in criminal liability has been widened
The President has signed a new law amending the Criminal Code and Article 151 of the Criminal Procedure Code. The new law aims to protect the rights of investors on the securities market. It introduces a number of new types of criminal offence and sets the penalties for their breach. Read more.

Financial institutions

Central Bank's powers to support the interbank market and limit interest rates for deposits extended to 31 December 2010
On 25 November 2009, The President signed two amending laws to extend until 31 December 2010 the Central Bank's powers to support the interbank market and to limit interest rates on deposits. Read more.
The Central Bank has reduced the refinancing rate to 9%
The refinancing rate has been changed once again by the Central Bank, this time going down from 9.5% to 9% per annum. Read more.

Loans and security

Individual borrowers will be able to prepay loans without the lender's consent
The State Duma has adopted, in the first reading, a draft law amending the Civil Code on prepayment of loans so as to allow individual borrowers to prepay loans without the need to obtain the lender's consent. Read more.
Click here for the full text of this month's Russian Federation updates.

New content added to PLC Global Finance site

Special updates for the Russian Federation
PLC Global Finance has published a special update, covering recent developments in the Russian Federation, contributed by White & Case LLP.
This month's special update is on:
This, and other special updates, are available on the Russian Federation contents page, located on the PLC Global Finance home page.

United Kingdom

Contributed by Norton Rose LLP

Financial institutions

FSB - what is it all about?
In April 2009, the G20 called on the Financial Stability Forum (FSF) to be re-established as the Financial Stability Board (FSB), with a broadened mandate to promote financial stability. Following a recent speech by the FSB's chairman, this article considers the Board's role and its responsibilities. Read more.

Pensions

The Pensions Regulator's report on scheme funding: analysis of recovery plans
On 10 November 2009, the Pensions Regulator published its annual analysis of recovery plans (plans drawn up by pension scheme trustees setting out how any funding deficit in a final salary scheme will be made up). This article summarises the key findings of the report. 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

Emerging trends in executive compensation
In October 2009, the Special Master for TARP Executive Compensation released seven Determination Memoranda addressing the limits on compensation payable to top executives at TARP entities that received "exceptional assistance". The Federal Reserve Board also released proposed guidance on incentive pay at the financial organisations that it regulates. This article examines what trends might be anticipated if, as suspected, the Special Master Rulings and Fed Guidance are indicative of the shape of the future compensation landscape. Read more.

New content added to PLC Global Finance site

New law firm publications

The PLC Global Finance site contains lists by jurisdiction of law firm publications relevant to the financial sector that are updated weekly.
Click here to go to the full list of jurisdictions covered.