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India’s securities regulator is looking for inspiration abroad. Here’s how the US and Hong Kong are changing local enforcement and disclosure rules

European regulators have recently retracted two controversial clearing proposals. But how much will this help an industry grappling with indirect clearing models?

The growing interest of foreign investors in the Colombian capital markets has increased portfolio investments in local securities to year records. This has led the Superintendence of Finance (SFC) to regulate proxy voting on local listed securities by foreign investors. External Circular 022 of 2012 details proxy voting for foreign investors through local securities depositaries and adds new duties in connection with their interaction with foreign depositaries.

The long-awaited removal of Cyprus from the 'List of the States and Territories providing preferential tax treatment and (or) not requiring disclosure and furnishing of the information upon conducting of financial transactions (offshore zones)' appended to Order 108n of the Ministry of Finance of the Russian Federation dated November 13 2007 will formally take effect at the beginning of 2013.

Amendments proposed to Russia’s Civil Code could change the attitude of foreign investors

The Securities and Exchange Board of India (Sebi), the Indian capital markets regulator, has recently amended the Sebi (Issue of Capital and Disclosure Requirements) Regulations, 2009. The stated purpose of some of these amendments is to introduce so-called reformatory measures to revive the primary capital markets in India. These measures, according to the minutes of the Sebi's board meeting, are to encourage enhanced retail investors' participation, impose a higher standard of accountability on companies and intermediaries, and ensure greater transparency in the initial public offering (IPO) process.

Yutaro Fujimoto On March 11 2011, just a few hours before the now infamous Great East Japan Earthquake, the Japanese Cabinet adopted the Act on Special Measures Concerning the Procurement of Renewable Energy by Operators of Electric Utilities, setting out the legal framework for the establishment of a feed-in tariff (FIT) programme in Japan. The Japanese FIT programme places an obligation on electric utility companies to purchase the electricity generated from renewable energy sources, such as solar, wind, hydro and biomass, at a set price and term, which will be established annually by the Minister of Economy, Trade and Industry on an annual basis. The programme contemplates that the additional costs incurred by electric utility companies to purchase such electricity will be passed along to the end-consumer, but subject to certain adjustments at the decision of the Minister and the Agency for Redistribution. The objective of the Act was originally to strengthen the energy independence of Japan by encouraging the use of solar, wind, or other domestic renewable resources while addressing environmental concerns such as global warming. Following the Great East Japan Earthquake and, in particular, the public outcry against nuclear power following the disaster at the Fukushima Nuclear Plant, the Act garnered significant public attention as a means to develop alternative sources of energy for Japan. As a result, the Japanese Diet accelerated its approval of the Act. It came into force on July 1 2012.

Nicholas Chang Gerald Cheong The Singapore Exchange (SGX) has proposed some significant initiatives to the offer structure relating to initial public offerings (IPOs). In Singapore, the offer structure for an IPO normally comprises a placement tranche and a public subscription tranche. For Mainboard IPOs, the SGX listing rules specify that the shareholding spread and distribution requirement for companies with market capitalisation below S$300 million ($244.9 million) must have a public float of at least 25% to be held by at least 500 shareholders. This number of shareholders includes shareholders from both the public subscription tranche and the placement tranche. This rule provides assurance of fair and orderly trading of shares when listed. There is, however, no requirement for Mainboard listing applications to allocate a minimum proportion of shares to the public subscription tranche as a method of offering.

At some point during most people's childhood, there was an evil bogeyman lurking under a bed, or hidden in a closet, ready to make its presence known at a moment's notice. The bogeyman of the day for many market participants has become the commodity pool issue. This issue arises because the Dodd-Frank Act amended the definition of "commodity pool", making it broader by including any enterprise operated for the purpose of trading in swaps. Trading in swaps may seem like a high bar, but there is little guidance as to the type of entity that constitutes a commodity pool and some of that guidance suggests that entering into a single swap may be sufficient to trigger the registration requirement.

The UK's Association of Investment Companies (AIC) has called for the July 2013 implementation date for the Alternative Investment Fund Managers Directive (AIFMD) to be pushed to 2014.