Financial Regulatory Forum

SEC aims to loosen rules on foreign broker-dealers in U.S., official says

By Nick Paraskeva, for Compliance Complete

NEW YORK, Nov. 26 (Thomson Reuters Accelus) - U.S. securities regulators are looking to loosen rules for foreign-broker dealers acting in the U.S. on a cross-border basis. The change would come in the wake of new policy being adopted to implement derivatives cross-border rules under Dodd-Frank. The reform was outlined by John Ramsay, Acting Director, Division of Trading and Markets of the Securities and Exchange Commission (SEC).

Rulemaking priorities at the SEC division include the Volcker rule on proprietary trading, derivatives and a proposal for firms and exchanges to test major systems. New data sources and analytics will impact new rules on equity market structure and infrastructure improvements, Ramsay said on Tuesday at the Securities Industry and Financial Market Authority’s (SIFMA) Legal and Compliance Society. (more…)

Weak U.S. legal oversight puts burden on compliance pros to protect their firms, author says

By Stuart Gittleman

NEW YORK, Sept. 4 (Thomson Reuters Accelus) - An inadequate government and industry response to the financial crisis will require compliance professionals to do more to protect their firms, customers and colleagues, Jeff Connaughton, who said he saw firsthand how reform withered in Congress, has told Compliance Complete.

“Until law enforcement causes actual deterrence, compliance needs to understand what institutional and retail customers can – and can’t – stomach. And those customers need to get back to performing exacting due diligence. Until we have tough law enforcement again, institutional customers will have a greater impact on Wall Street behavior than federal prosecutors,” said Connaughton, a former investment banker, aide in President Bill Clinton’s administration, lobbyist and longtime political associate of Vice President Joe Biden. (more…)

Exclusive jurisdiction clauses fall in the face of FINRA proceedings

By Christopher Elias (UK)

LONDON, July 5 (Business Law Currents) – The English courts recently decided that an exclusive jurisdiction clause between Citigroup’s English subsidiary and two corporate vehicles of family trusts belonging to a Saudi Arabian family did not prohibit the Saudi investors from bringing FINRA arbitration proceedings against Citigroup’s U.S. arm.

In Citigroup Global Markets Ltd v Amatra Leveraged Feeder Holdings Ltd, the court was tasked with deciding whether FINRA’s regulatory regime or an English exclusive jurisdiction clause should prevail. The court concluded that Citigroup’s U.S. subsidiary should not be prevented from facing proceedings in the U.S. as the benefit of the exclusive jurisdiction clause applied solely to Citigroup’s English subsidiary. (more…)

China shadow banking: dancing in the dark

By Helen H. Chan

HONG KONG/NEW YORK, Feb. 8 (Business Law Currents) – Uncertainty over the exact size of China’s underground private financing activities, also known as the shadow banking industry, is causing concerns among international investors as well as the Chinese government.

Restrictions on bank lending to China’s small-to-medium enterprises and to the real estate sector over the past few years have driven many of these businesses to seek alternative methods of financing from larger cash-rich entities. This demand for funding has in turn prompted the development of non-bank financiers such as trust companies and private short-term financing service providers. (more…)

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