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

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

The February 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 February 2009

Practical Law UK Articles 8-385-1767 (Approx. 6 pages)

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

by Practical Law
Published on 05 Mar 2009ExpandChina, International, Russian Federation...UK, USA (National/Federal)
The February 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

Capital markets

Bank of Canada announces new Term Purchase and Resale Agreement Facility for Private Sector Instruments
The Bank of Canada has proposed a new facility to help provide liquidity to the market for private sector securities. The new facility will replace the existing facility and will, for the first time, include eligible corporate bonds. Read more.

Financial institutions

Canadian Government launches consultation on CDN$12 billion Canadian Secured Credit Facility
The Canadian Government has launched a consultation on how to implement the Canadian Secured Credit Facility, proposed in its January budget. In particular, the Government is seeking views on how to use the facility to help restart the ABS market in Canada, as well as on pricing and fund allocation. Read more.
Click here for the full text of this month's Canada updates.

China

New content added to PLC Global Finance site

Q&A Guide to the Financial Crisis: China
PLC Global Finance has published a Q&A guide on the causes, effects and regulatory impact of the financial crisis in China, contributed by Lovells LLP.
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

Central Bank issues new directive on the mandatory reserves of credit organisations
As one of the anti-crisis measures, mandatory reserve amounts that credit organisations must hold were reduced. This reduction will be effective until May 2009, after which the amounts that must be held will rise incrementally. Read more.
Central Bank directives are amended to facilitate mergers and accessions of Russian banks
Further steps towards improving the legal framework for reorganising Russian credit organisations are taken as the Russian Government amends certain banking laws and the Central Bank issues directives simplifying the procedures for reorganising credit organisations by merger and accession. Read more.
Rules on the formation by banks of reserves to cover potential losses in loans are simplified
The Central Bank has issued directives relating to the reserves that banks must hold against losses on loans and to evaluating the credit risk for loans. Among other things, the directives amend the rules and criteria that credit organisations must apply when defining a loan's quality category for the purposes of calculating the required reserve amounts. Read more.
Click here for the full text of this month's Russian Federation updates.

New content added to PLC Global Finance site

Q&A Guide to the Financial Crisis: Russian Federation
PLC Global Finance has published a Q&A guide on the causes, effects and regulatory impact of the financial crisis in the Russian Federation, contributed by White & Case LLP.
This article is part of our new series of Country Q&A Guides to the Financial Crisis, available on the PLC Global Finance site.

United Kingdom

Contributed by Norton Rose LLP

Financial institutions

Credit crisis - EU relaxes state aid rules on banks
EU rules require that any state aid given to a business must be notified to, and cleared by, the Commission, failing which it must be repaid. As governments across the EU have been forced to provide support to their financial institutions struggling under the financial crisis, the EU has adopted certain measures to relax these state aid rules. The key reforms are summarised here. Read more.
The future for annual bonuses
The credit crisis has led to strong criticism of remuneration practices in the financial services sector and in the wider economy. There are a number of actions companies can take to address this issue. Read more.
Passport notifications under the BCD
In February 2009, CEBS published for comment draft guidelines on passport notifications. These aim to provide a framework for EEA regulators in relation to new notifications sent under the BCD in light of the implementation of MiFID, as well as introducing adjustments to the earlier protocol adopted by CESR to address differences between MiFID and the BCD. Read more.

Financial instruments

Subscription shares - the dawn of a new era
Subscription shares, a relatively new variant of warrants, provide a geared exposure to a company's capital growth. In recent month's a number of investment trusts have started issuing subscription shares, and many others are expected to follow suit. Read more.
Click here for the full text of this month's United Kingdom updates.

United States

Contributed by Shearman & Sterling LLP

Financial institutions

Executive compensation provisions of the American Recovery and Reinvestment Act of 2009
The new American Recovery and Reinvestment Act of 2009 expands restrictions on executive compensation that apply to entities participating in the TARP. This article summarise the key provisions of the Act. Read more.
Investment fund regulation
The current economic crisis has brought with it a renewed scrutiny of the hedge fund industry, causing governments around the world to call for stricter oversight of these lightly regulated investment funds. This article examines some of the current initiatives being put forward for investment fund regulation. Read more.

Financial instruments

Mitigating counterparty risk for OTC derivatives – recent developments in the use of collateral
Many companies rely on the OTC derivatives market to hedge their exposure to various risks. However, such companies are increasingly subject to the risk of counterparty default. To reduce this exposure, there are a number of actions that companies should take, particularly with regard to reviewing their existing collateral documents and arrangements. Read more.

Restructuring and insolvency

SemCrude decision could spell the end to triangular set-off agreements
The US Bankruptcy Court for the District of Delaware held in its SemCrude LLP decision that the Bankruptcy Code prohibits a triangular set-off of debts in bankruptcy in the absence of mutuality. If followed by other courts, the case could have implications for companies that attempt to manage their counterparty risk exposure to a corporate group through contractual provisions allowing them to offset amounts owed to one member of a group against amounts owed to them from that member's affiliates. Read more.

Tax

The recently passed American Recovery and Reinvestment Tax Act of 2009 presents new opportunities for businesses
Advantageous tax treatment allowed for income arising from the repurchase or exchange of business debt at a discount in 2009 or 2010 under new stimulus legislation. Read more.
Click here for the full text of this month's United States updates.