Search results for

HFT critics have pounced on the Knight Capital, Bats and Facebook trade glitches. But some reforms could do more harm than good

As Europe approaches its debt maturity wall, amend-and-extend requests are piling up. As a solution, it’s easier said than done

An FCPA or Bribery Act allegation is troubling enough, but the larger threat could be collateral lawsuits

Antonio Felix de Araujo Cintra The Brazilian credit securitisation industry has developed at an amazing rate in recent years. Since the enactment of Instruction CVM No. 356, which set out the rules for the organisation and operation of securitisation funds in Brazil (the so-called FIDCs), credit securitisation transformed itself from being an exotic financial product into one of the first alternatives sought by companies looking for possible general capital funding. At a time when interest rates were still very high in Brazil, the creation of FIDCs enabled companies to sell their trade receivables to raise working capital at more accessible rates. The same mechanism was quickly adopted by smaller banks, which sold their car and consumer loan portfolios to FIDCs to be able to continue to make new loans without breaching their capital requirement rules established by the Central Bank. In addition, FIDCs were also created to provide financing for small and medium-sized suppliers of large corporations and to purchase non-performing loans, precatórios (payment obligations of the Brazilian public sector) and other types of credits, creating a very useful secondary market for all kinds of credits.

Carlos Fradique Me´ndez Lyana de Luca The Colombian Financial Superintendence (SFC) recently issued Regulation 053 of 2011 which sets forth new requirements to establish a representative office in Colombia or enter into a correspondent agreement with a local brokerage firm or investment bank, with the purpose of undertaking marketing activities of financial products in Colombia. This is particularly relevant, as Colombian institutional investors are aggressively looking at investment opportunities abroad, largely as a result of the Colombian economy continuing to grow at very attractive rates. Pursuant to Regulation 053, foreign financial institutions seeking to promote their financial products and/or services in Colombia will be allowed to market and promote exclusively the products and/or services authorised by the SFC. Any kind of promotion or marketing of products and/or services beyond those that were initially authorised must have the proper authorisation of the SFC. The SFC is itself authorised to impose sanctions to representative offices and local correspondents who undertake marketing activities with respect to non-authorised products and/or services.

Diversification of Russia’s banking sector following its accession to the WTO will be constrained by raising global capital requirements. But the sector should be bolstered by loan standardisation expected this year

Janice Roepnarain Since the beginning of 2012 there have been several court cases involving the Authority for the Financial Markets (AFM), one of the Dutch financial markets supervisors, and offerors of so-called flash loans. These are short-term loans to consumers for small amounts of money, whereby the money is transferred to the consumers on the same day that the request for the loan is made, or within just a few days. The reason behind the greater focus of the AFM on offerors of flash loans is that the Act on Financial Supervision (AFS) was amended due to the implementation of the Consumer Credit Directive (2008/48/EC) in May 2011. The most important amendment is that before the implementation of the Consumer Credit Directive, all credit which was repayable within three months fell outside the scope of the AFS. After the implementation of the Directive, only credit which has to be repaid by a consumer within three months and whereby the costs payable by the consumer are insignificant fall outside the scope of the AFS. Due to this amendment, many offerors of credit to consumers who previously were not regulated are now obliged to obtain a licence from the AFM. Recent case law shows that offerors of flash loans and the AFM often disagree on whether the activities concerned qualify as the offering of credit, or which costs should be considered to be part of the costs of the credit. In the Consumer Credit Directive 'total cost of the credit to the consumer' means, in short, all costs and fees which the consumer is required to pay in connection with the credit agreement, except for notarial costs. Furthermore, costs in respect of ancillary services relating to the credit agreement are also included if, in addition, the conclusion of a service contract is compulsory in order to obtain the credit or to obtain it on the terms and conditions marketed.

Freddy Karyadi Oene Marseille Indonesia's Central Bank issued the long-awaited Regulation No. 14/8/PBI/2012 on July 13 2012 (Regulation 14/2012). The main purpose of the Regulation is to impose ownership restrictions on certain classes of bank shareholders, namely banks and financial institutions, which are subject to a 40% shareholding limit; non-financial institution legal entities, which are subject to a 30% shareholding cap; and individuals and natural persons, which are subject to a 20% shareholding cap (25% in the case of shareholding in a shariah bank). These thresholds are also applicable to multiple parties with special relationships, such as family relations or a common shareholding, or unrelated persons acting in cooperation to control the bank. Where shareholders are related or "acting in concert", they will be deemed as one party and will be subject to the higher shareholding ownership applicable to each of them.

Rafael Berckholtz Velarde The rapid economic growth of Colombia and Peru in the past years – the new tigers of South America – as recently described by the Wall Street Journal, combined with Chile, the more mature regional tiger, have sparked an emerging movement towards developing a regional capital market. The recent economic boom, especially in Colombia and Peru, a hunger for new capital to fund growth plans, and pension funds in these three countries with cash to invest have created the right conditions to foster what could be a powerful regional capital market force. Peru, Chile and Colombia share some of the same industries and are familiar with each other's economic histories; a path towards a regional market thus makes economic sense. Issuers and investment banks are increasingly eyeing the three countries as a relevant market to raise capital. Local banks are beginning to think regionally. For instance, in 2011, Banco de Crédito del Perú acquired a 51% controlling stake in Correval and a 60.6% interest in the Chilean brokerage house IM Trust, forging ahead towards developing a regional investment bank. Similarly, in 2011, Munita Cruzat & Claro, a Chilean financial services company, acquired an interest in Seminario & Cía SAB, one of the largest brokers operating in the Lima Stock Exchange. These recent movements suggest that there are vast opportunities to exploit capital and investments regionally.

Many US emerging growth companies find it hard to raise capital at home. Here’s why London and Oslo may provide good alternatives