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The US has long distinguished between the requirements applicable to private offerings and those applicable to public offerings. But these lines have become increasingly blurred

The Arden Alternative Strategies Fund represents a new investment model that is potentially more responsive to events and changing markets than other mutual funds

Japan’s feed-in tariff scheme to incentivise renewable energy investment has been in effect since last July. But foreign firms haven’t taken advantage of its benefits

This forestry company was first Chinese company to be restructured under Canadian law. Here's the deal documentation and key transactional challenges explained

In January, the Islamic finance information service released its Islamic bonds or sukuk deal flow data. It revealed exactly how far the Islamic finance market progressed in 2012

Here’s how to build effective compliance programmes and codes of conduct under the FCPA Guide and UK Bribery Act Guidance

My crystal ball has not been working perfectly lately. But based on information provided by clients, banks and the market in general, it is possible to make some predictions of how capital and financial markets will perform in 2013.

Chancellor George Osborne's pledge to 'electrify the ring-fence' for the UK's biggest banks has attracted widespread media attention, as well as trenchant opposition from some quarters. During his address, a single-minded Osborne warned that banks would be broken up entirely if they fail to comply with the new agenda and firewall high street operations from their riskier investment divisions.

Liam Carney Callaghan Kennedy In a decision helpful to both special purpose vehicles (SPVs) and service providers utilising SPVs, the Irish Supreme Court has given effect to a gross negligence carve-out to a general (and standard-form) limitation of liability clause (Clause) in an Irish-law commercial licence. The case also highlights the dangers of taking for granted the protections such clauses purport to provide, in particular where key terms such as gross negligence and wilful default are not defined.

Banji Adenusi As debt securities issued by governments, government agencies, and corporations, bonds are an external source of funding for the expansion of an issuer's business (as in the case of corporate bonds), or for the development of infrastructure projects. In recent times, the primary market for corporate bonds in Nigeria has witnessed tremendous growth, as the number of corporate bonds listed on the Nigerian Stock Exchange has risen to a respectable 18 as of January 2013. While the issuance of government bonds and corporate bonds is regulated by the Nigerian Securities and Exchange Commission (SEC), the incidence of covered bonds is altogether a different proposition, as applicable legislation in this regard is non-existent. The United States Federal Deposit Insurance Corporation describes covered bonds as "general, non-deposit obligation bonds of the issuing bank secured by a pledge of loans that remain on the bank's balance sheet". Essentially, the defining feature of covered bonds is the duality of protection offered to investors, namely: (a) liability of issuer (typically a financial institution) for repayment; and (b) the special pool of collateral, also known as cover pool, on which investors have a preferential claim in the event of the issuer's insolvency. Typically, these collaterals are by way of high-grade mortgages or loans to the public sector or shipping loans. When contrasted with asset-backed securities (ABS), the cover pool becomes credit enhancement leverage, as they are more dynamic in the sense that assets can be added or replaced in the pool over time, especially where the value of these assets diminish or an early repayment has occurred. In addition, the credit risk stays with the issuer, as the borrower continues to absorb the risk of default and prepayment risk of the pool; much unlike ABS where the issuer does not absorb the risk of default beyond the agreed credit support and risk of prepayment is usually transferred to the investor. Herein lies the major difference between covered bonds and securitisation in general.