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  • Covered bond legislation in the US appears to be working its way through the legislative process. The House Financial Services Committee has passed a covered bonds bill and discussion has once again been taken up in the Senate. Although the private sector has successfully kept this dialogue active and focused, a large segment of our financial services industry has not yet focused on the role that covered bonds may eventually play in financing residential mortgage loan origination by regional and community banks. A robust covered bond market in the US will assuredly be led by our largest financial institutions. But once this development is underway, the market should expand to include smaller issuers that could execute covered bond offerings in the public and private markets. Developments in the European covered bond market and our own history of on-balance sheet mortgage-backed bond financings confirms this prospect. Up to this point, regional banks and regional banking associations have not been active participants in the discussion of US covered bonds legislation. As covered bonds may well end up as one of the more important components of their suite of funding alternatives, now is the time to take a seat at the legislative table.
  • A draft of the Act partially amending the Financial Instruments and Exchange Act, Etc (the 2010 Amendment) was submitted to the National Diet on March 9 2010 and was promulgated on May 19 2010. The 2010 Amendment consists of provisions to improve the stability and transparency of settlement of over-the-counter (OTC) derivative transactions including (i) systems for infrastructure development relating to clearing, (ii) a requirement to use a clearing organisation, and (iii) establishment of a system for the conservation and reporting of trading data. Provisions relating to (i) above will become effective within one year from May 19 2010 while provisions relating to (ii) and (iii) above will become effective within two and a half years from May 19 2010.
  • The recent Eastern Caribbean Court of Appeal decision in Trade and Commerce Bank v Island Point Properties S.A. has important implications for insolvency law within the British Virgin Islands, as well as for other jurisdictions which share a similar statutory framework to the B.V.I.'s Insolvency Act 2003 (the Act).
  • IFLR’s Asian and European Private Equity forums found an industry worrying about a regulatory deluge and changing structures.
  • Steven Winegar Both Singapore and Hong Kong experienced a busy September on the lateral front. In Hong Kong Paul Hastings added Steven Winegar, a former managing director and senior counsel at Goldman Sachs, to its corporate ranks. The same office also boosted its real estate practice by relocating finance and property specialist Derek Roth from its Los Angeles post.
  • Sponsored by Ritch Mueller Heather & Nicolau
    Rodrigo Conesa
  • IFLR has recently joined Twitter, and will be posting live updates from the IBA conference in Vancouver next week. You can also now join IFLR groups on LinkedIn and Facebook, to keep up to date with all the latest news, events and discussions as they happen.
  • Mezzanine finance has suffered in the recovering private equity market. Intercreditor arrangements and stretched senior lending are to blame.
  • The first of Iceland’s nationalised banks to be restructured has used an innovative depository unit scheme and tax structuring to meet the demands of its international creditors.
  • Despite investor scepticism, private equity lawyers insist dual-track listings are a genuine exercise in valuation