Regulatory plans could kill SPV notes

Rachel Evans | July 01, 2010

Structured notes issued by special-purpose vehicles (SPVs) could be a thing of the past in Hong Kong, following new regulations issued by the Securities and Futures Commission (SFC).

On May 28, the SFC released the conclusions to its consultation on improving protection for investors in structured finance. Proposals such as the Key Fact Statement will protect investors by boosting education, but the regulator's restrictions on SPV issuances look set to protect investors by limiting the types of products that can be issued in Hong Kong.

"The return of SPV-issued products is a way off," says Andrew Malcolm of Linklaters. "It's quite difficult to comply with these provisions and whoever is first to do one will spend a long time getting approval." Francis Edwards of Clifford Chance agrees: "The SFC has listened to the market's comments, but it may be a while before we see SPV-issued notes under the new code."



Akbank decided to bite the bullet and try a direct issuance, notwithstanding the witholding tax costs

Simon Porter explains how a Turkish bank sold bonds structured to anticipate changes to the country's tax laws

Web seminars

US regulatory reform
August 3 2010
The impact of US regulatory reform on foreign financial institutions and issuers. A discussion with UBS, Morrison & Foerster and IFLR

Latest Issue

September 2010

Avoiding the circular
China-based companies are moving away from Circular 10 when listing abroad. New work-around structures are emerging [more]