August 2014

Recently, both the Securities and Exchange Commission (the “SEC”) and the Financial Industry Regulatory Authority (“FINRA”) have taken steps to promote greater transparency in the U.S. fixed income markets.  FINRA now publicly disseminates Rule 144A transaction data in corporate debt securities.  In addition, SEC Chair Mary Jo White discussed the SEC’s plans to enhance disclosure

On June 10, 2014, the Federal Reserve Board staff, along with the other regulatory agencies responsible for the Volcker Rule regulatory implementation, issued a set of frequently asked questions and answers regarding the implementation of the Volcker Rule, covering areas such as data reporting dates, compliance conformance deadlines, and exemptions from the Volcker Rule, including

There has been published a letter from the OTC Derivatives Regulators’ Group (the Group) to the Financial Stability Board (FSB) chairman, Mark Carney. The letter relates to the existence of barriers, including data protection laws, blocking statutes, state secrecy laws and bank secrecy laws, which can prevent reporting of counterparty-identifying information to trade repositories. The Group calls for urgent changes, which may include legislative changes, to remove these barriers.

As part of its Project Innovate, the FCA has published a new webpage and response form requesting examples from firms of the retrospective application of regulatory rules. The intention behind this is for firms to highlight to the FCA if they thought a demanding standard or interpretation of the rules was applied, using the benefit of hindsight.

The Financial Law Committee of the City of London Law Society (CLLS) has made available a letter from David Geale, FCA Head of Savings, Investment and Distribution, to Clare Dawson, Loan Market Association (LMA) Chief Executive, concerning the FCA’s consideration of the Court of Appeal’s judgment in Fons Hf v Corporal Ltd and another [2014] EWCA Civ 304 (20 March 2014).

The European Central Bank (ECB) has published a press release stating that it has identified four key payment systems that are now under the ECB Regulation on oversight requirements for systemically important payment systems (the Regulation). The four systems identified, which consist of the value of payments settled, market share, cross-border relevance and provision of services to other infrastructures, and which will be regularly assessed for compliance with the Regulation, are:

There has been published in the Official Journal of the EU (OJ) a decision of the European Central Bank (ECB) on the identification of TARGET2 as a systemically important payment system (SIPS) pursuant to the Regulation on oversight requirements for systemically important payment systems (the Regulation). The Regulation lays down oversight requirements for operators of payment systems that have been identified by the ECB’s Governing Council as systemically important retail payment systems.

The European Banking Authority (EBA) has published the final templates for the 2014 EU-wide stress test, with an accompanying press release. The templates, which encompass data from 124 banks that cover at least 50% of each national banking sector, will cover:

  • composition of capital;
  • risk weighted assets;
  • profit and loss;
  • exposures to sovereigns;
  • credit risk; and
  • securitisation.