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

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

The May 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 May 2009

Practical Law UK Articles 5-386-2461 (Approx. 5 pages)

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

by Practical Law
Published on 03 Jun 2009ExpandInternational, Japan, Russian Federation...UK, USA (National/Federal)
The May 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.

Japan

Contributed by Atsumi & Partners

Capital markets

SESC's recommendations regarding regulation of foreign exchange margin trading brokers
The Securitisation and Exchange Surveillance Commission has submitted proposals to the Japanese Financial Services Agency concerning the regulation of foreign exchange margin trading brokers. Details of the proposals are summarised here. Read more.

Corporate loans and security

Wholesale amendments to the Claims Law of the Civil Code of Japan
Committee publishes "Basic Principles" to serve as the basis for amending the Claims Law of the Civil Code. The Principles aim to make Japan's civil law rules more competitive with other countries and to bring them into line with globally accepted trade practice. Read more.

Financial institutions

Japanese banks rank at the top for volume of underwritten syndicated loans in the first quarter of 2009
As Japanese banks top the tables for underwritten syndicated loans volumes for the first time, this article looks at potential reasons behind this growing market trend. Read more.
Click here for the full text of this month's Japan updates.

Russian Federation

Contributed by White & Case LLP

Financial institutions

The procedure for VEB granting subordinated loans to Russian banks was amended
Under anti-crisis measures passed in October 2008, VEB can grant subordinated loans to Russian credit organisations. On 7 May 2009 VEB amended its criteria for doing so, including changing the minimum charter capital requirement. Read more.
The Central Bank refinancing rate was decreased to 12%
On 13 May 2009, the Central Bank decreased the refinancing rate again, by half a percentage point, to 12%. Read more.

Financial instruments

New rules for placement and circulation of foreign securities in Russia were introduced
On 29 April 2009, the Russian Government passed a new law revising the legislative regulation of placement and circulation of foreign securities in Russia. Read more.

Restructuring and insolvency

The rules for making shareholders and managers of a debtor liable for its debts, and for challenging a debtor's transactions, were amended
On 28 April 2009, the Russian Government amended insolvency laws, seeking to streamline the legal framework for challenging antecedent transactions of a debtor that are detrimental to its creditors, and to facilitate piercing a debtor's corporate veil where appropriate. Read more.
Click here for the full text of this month's Russian Federation updates.

United Kingdom

Contributed by Norton Rose LLP

Capital markets

Competition reviews of exchanges and clearing houses
As calls for regulatory reform in the financial services sector continue to be widespread, this article looks at the role of the OFT in scrutinising the rules and practices of the FSA, as well as those of recognised exchanges and clearing houses, and how these might potentially be affected by competition laws. Read more.

Financial institutions

Intensive supervisory approach - what does it mean for NEDs?
As the FSA prepares to take a more active role in supervising senior management, this article takes a look at what this may mean in practice for non-executive directors. Read more.
The draft Directive on Alternative Investment Fund Managers
On the 30 April 2009, the EU Commission published its proposal for a Directive on Alternative Investment Fund Managers. This article takes a look at what the draft Directive covers and at some of the key concerns it has raised in the industry. Read more.

Financial instruments

A brief history in regulatory time - new rules for disclosure of CfDs
On 1 June 2009 new FSA rules for the disclosure of contracts for difference (CfDs) came into effect. This short article takes a brief look at how the new rules came about. Read more.
Click here for the full text of this month's United Kingdom updates.

United States

Contributed by Shearman & Sterling LLP

Dispute resolution

Recent dismissals suggest some US courts viewing subprime cases with scepticism
Although many shareholder suits seeking to recover losses caused by the subprime crisis from US and non-US companies remain unresolved, early indications from the courts are that company officials cannot be held responsible for failing to foresee the collapse of the mortgage and other markets. Read more.

Employee benefits

Heath Information Technology for Economic and Clinical Health Act
The US Department of Health and Human Services issues guidance for group health plans, health care providers and health care clearing houses on fulfilling the notice requirements contained in the HITECH Act, which includes the health information technology provisions of the American Recovery and Reinvestment Act of 2009. Read more.
Click here for the full text of this month's United States updates.