Capital Markets

The Global Financial Crisis has exposed substantial structural flaws in the regulation of capital markets, in particular the impact of an exponential increase in the value of derivative trading as well as the operation of specifc sectors, including securitisation. The reform process mandated in Basel Three increases the capital charges of banks to securitisation exposure. This work dovetails with the reform agenda developed by the Financial Stability Board, the objective of which is to 'cooridnate at an international level the work of national financial authorities and international standard setrting bodies in order to develop and promote the implementation of effective regulatory, supervisory and other financai lsector polcies.' It assesses vulnerabilities, promote coordination and information exchange and monitors and advises on market practice and implications for regulatory capacity. It has launched a series of peer-review reports, which includes Australia (November 2011), Canada (January 2012) and Switzerland (January 2012). This series tracks these developments and the national responses.

SEC Adopts Net Worth Standard for Accredited Investors Under Dodd-Frank Act

In accordance the requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010, the Securities and Exchange Commission has amended its rules to exclude the value of a person’s home from net worth calculations used to determine whether an individual may be classified as an “acc
Originally Published: 
Wednesday, December 21, 2011

SEC Proposes Rules for Registration of Securities-Based Swap Dealers and Major Security-Based Swap Participants

In accordance with the requirements of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010, the Securities and Exchange Commission ("SEC") has proposed rules that lay out the process by which security-based swap dealers and security-based swap participants must
Originally Published: 
Wednesday, October 12, 2011

SEC Jointly Proposes Prohibitions and Restrictions on Proprietary Trading ("Volcker Rule")

As required by Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010, the Securities and Exchange Commission together with the Federal Deposit Insurance Corporation, the Federal Reserve Board, and the Office of the Comptroller of the Currency, has voted to propose a rule
Originally Published: 
Wednesday, October 12, 2011

SEC Proposes Rule to Prohibit Conflicts of Interest in Certain Asset-Backed Securities Transactions

As required by Section 621 of the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010, the SEC has voted to propose a rule intended to prohibit certain material conflicts of interest between those who package and sell asset-backed securities (“ABS”) and those who invest in them.
Originally Published: 
Monday, September 19, 2011

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