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  • On November 28, the European Banking Authority (EBA) released its consultation on the criteria for determining the minimum requirement for own funds and eligible liabilities for bail-in, the so-called MREL. Using MREL, European authorities will ensure that banks have enough liabilities to absorb losses in case of failure, forcing shareholders and creditors to shoulder much of the recapitalisation burden, instead of taxpayers.
  • Banji Adenusi As a form of financial derivative involving the sale of securities, repos are central to the provision of liquidity in the financing and trading of treasury securities. The Nigerian repo market, however, remains largely dominated by the money and interbank markets as the main liquidity providers. With their global attractiveness, the primary concerns in Nigeria relate to the validity, enforceability of netting provisions, transfer of title and recharacterisation of repos. Bearing in mind that repos can sometimes be said to operate in a manner similar to secured credit transactions, perhaps these concerns are worth highlighting. In Nigeria, the laws applicable to derivatives are equally applicable to repos (section 315 of the Investment and Securities Act), while securities lending appears to be a generic term encompassing a host of transactions including repos. The approach favoured by the Nigerian Securities and Exchange Commission (SEC) is to interpret all types of dealings involving securities as falling within the ambit of section 315. The validity of these transactions is guaranteed, further taking into consideration their non-classification as unlawful gaming contracts.
  • Countries across the Asia Pacific are trying to manage domestic companies' foreign currency exposure. It's prompted not only by rumours that the US is considering ending quantitative easing, but also the European Central Bank's plans to embark on a similar bond buying programme.
  • Five months have passed since the Alternative Investment Fund Managers Directive (AIFMD) was implemented in Norway. Since July 1 2014, a relatively large number of applications have been filed with the Financial Supervisory Authority of Norway (FSAN), concerning both marketing in Norway of non-EEA alternative investment funds (AIFs) of EEA alternative investment fund managers (AIFMs) and AIFs of non-EEA AIFMs. The FSAN have slowly but steadily been working through the pile of applications and after a somewhat slow start in July and August, have now increased the pace. To date, approximately 30% of the filed applications have been handled. Of these, approximately 65% relate to non-EEA AIFs of non-EEA AIFMs and 35% relate to non-EEA AIFs of EEA AIFMs.
  • France's stock market watchdog has confirmed that it will not implement regulations on high frequency trading (HFT) that would clash with Europe-wide rules.
  • Jose Luis Sosa In recent years, there have been an increasing number of mergers and acquisitions involving Panamanian bank branches and subsidiaries. This M&A activity has resulted in an increase of regional conglomerates consolidated in Panama that include banks as part of their business holdings. As a result, and in an effort to safeguard the Panamanian financial system from extraneous risk, and beyond its regulatory purview, the Panamanian Superintendence of Banks recently issued Resolution 007-2014 (Resolution 007), which will enter into force on January 1 2015. This extends regulatory oversight to all entities of a single corporate group that includes banks and that are consolidated in Panama, even beyond Panama's borders.
  • Bank of China's RMB 39.94 billion ($6.5 billion) additional tier 1 (AT1) offering proved the depth of Asia's capital markets. The bank's innovative structure has also set a precedent for the rest of the industry.
  • In late October, the Slovak Parliament adopted a comprehensive amendment to the income tax act, introducing changes in direct taxation that will come into force on January 1 2015. Here, we are provide a brief summary of the key changes introduced in the amendment that affect businesses.
  • Rose Marie M King-Dominguez Melyjane G Bertillo-Ancheta The 2015 economic forecast for the Philippines is mixed. The outlook is no doubt the result of the many challenges the country has had to face in the past year. From natural disasters, including Typhoon Yolanda, to man-made calamities, such as worsening traffic jams and port congestion, the Philippines has not had an easy time. But despite these setbacks, the country's growth prospects are generally positive, and its credit ratings have been upgraded to investment grade status. Government and policy-makers can do a lot to keep economic indicators in the black, by re-focusing on improving the transparency and stability of rules, and getting regulators to modernise their perspectives.
  • Discussion about how to tackle market structure and the opaque activities of dark pools has left one group feeling a little left out: the regulated.