Financial Regulatory Forum

Is the medicine for financial services turning out to be worse than the disease?

By Guest Contributor
September 9, 2011

By Susannah Hammond

LONDON/NEW YORK , Sept. 9 (Thomson Reuters Accelus) – Almost three years on from the fall of Lehman Brothers and the widespread public bail-out of financial services the world is looking grim. In the white heat of the crisis itself jurisdictions, policymakers and governments moved together to resolve the worst of the immediate issues and bought global financial services time to heal. While some recovery and mending of balance sheets has certainly taken place, global financial services continue to suffer at the hands of divergent policymakers, international recessions and sovereign debt crises.

Regulatory forbearance looms as next big supervisory risk for financial giants

By Guest Contributor
September 9, 2011

By Susannah Hammond

LONDON/NEW YORK, Sept. 9 (Thomson Reuters Accelus) – Regulatory forbearance is not a concept that has hit many headlines. It is, however, emerging as an underlying theme in publications by a range of bodies, from the International Monetary Fund (IMF) to the European Union and beyond. Regulatory forbearance is not about supervisory incompetence but, rather, the potential for a fully briefed regulator to decide not to intervene. There may be many legitimate occasions when non-intervention is the right call but, when judged with the benefit of hindsight, more supervisory interventions, made sooner, could have ameliorated some of the worst of the issues arising out of the financial crisis.

U.S. Justice Department disputes charges it unfairly targeted community banks

By Guest Contributor
August 31, 2011

By Emmanuel Olaoye

NEW YORK, Aug. 31 (Thomson Reuters Accelus) - The U.S. Justice Department disputed charges by community bankers that it is unfairly targeting them with fair lending actions, and said the cases have been consistent with the criteria it has used to bring cases in the last 15 years.

Yuan internationalization takes off in Hong Kong

By Guest Contributor
August 31, 2011

By Helen H. Chan (Hong Kong)

HONG KONG, Aug. 31 (Business Law Currents) – Yuan supporters both inside and outside of China are applauding anticipated regulatory changes in Hong Kong aimed at loosening capital controls over the renminbi, China’s national currency.

Banks face myriad difficulties in trying to return corrupt Gaddafi money

By Guest Contributor
August 30, 2011

By Martin Coyle

LONDON, Aug. 30 (Thomson Reuters Accelus) – Banks face enormous legal and logistical challenges as they try to repatriate the billions of pounds worth of frozen Libyan assets invested in the war-torn North African state, according to industry officials. The process could take years to resolve even though the United Nations has already unfrozen some $1.5 billion in humanitarian aid which will be sent to the country.

Bankers, broker-dealers should do their homework before saying ‘yes’ to Chinese companies

By Guest Contributor
August 26, 2011

By Cavas Pavri, Thomson Reuters Accelus contributing author

NEW YORK, Aug. 26 (Thomson Reuters Accelus) – The considerable negative publicity surrounding Chinese companies listed in the United States has made it increasingly difficult for investors to separate the undervalued from the fraudulent. Essential for success: Taking a close look at the firms’ auditors and corporate governance practices going forward.

PERSONAL VIEW: Reflections on the successful prosecution of Tom Wilmot, UK boiler room king

By Guest Contributor
August 26, 2011

By Alex Davidson – the views expressed are his own.

LONDON, Aug. 26 (Thomson Reuters Accelus) – Earlier this week Tomas Wilmot was sentenced at Southwark Crown Court to nine years in jail for conspiracy to defraud investors out of 27.5 million pounds through boiler rooms. I took a particular interest in the case because I had once worked for a short period as a dealer at Harvard Securities, a licensed dealer in securities run by Wilmot in London in the late 1980s.  One of the most powerful bosses of speculative share dealing operations over some 25 years had finally been caught.

Basel III: Chinese banks saving for new capital adequacy ratio

By Guest Contributor
August 26, 2011

By Helen H. Chan

HONG KONG, Aug. 26 (Business Law Currents) – New capital adequacy rules from the China Banking Regulatory Commission (CBRC) are prompting banks to hit up investors in Hong Kong and Shanghai’s capital markets. Part of the Basel III implementation process, the rules will require Chinese lenders to shore up additional capital to protect against credit risks.

UK tax migration hits reverse under temporary exemption rules

By Guest Contributor
August 24, 2011

By Christopher Elias

LONDON, Aug. 24 (Business Law Currents) – The UK offshore migration hit reverse recently when London-listed Bermudan reinsurer Lancashire Holdings decided that UK tax changes had made going offshore unnecessary.

Two hats or one: revisiting the role of board chair in Canada

By Guest Contributor
August 23, 2011

By John Mackie

TORONTO, Aug. 23 (Business Law Currents) For institutions, regulators and investors, executives who wear two hats, such as CEO and chairman, are in an inherent conflict of interest. The situation is complicated further when roles are shared, such as in cases of co-chairs or co-CEOs.