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A recent decision involving Singapore’s CW Group considers the interaction between the Hong Kong and Singaporean insolvency frameworks

Hong Kong’s financial regulator has become one of the first signatories of IOSCO’s enhanced cooperation standards

The settlement of a recent financial services regulatory enforcement action by the Central Bank of Ireland (CBI) highlights the interconnectedness of regulatory breaches. In brief, a failure of controls and policies can create a domino effect which triggers liabilities under the anti-money laundering/counter terrorist financing (AML/CTF) regime, client asset requirements and a finding that key frontline personnel are not fit and proper for their role.

A subject of interest for chambers of commerce in Thailand at the moment is the regulatory guillotine project.

Under the Basel III regime, in order to counter cyclicality in the financial system, capital should be accumulated when cyclical systemic risk is judged to be increasing, creating a countercyclical capital buffer (CCB) that increases the resilience of the banking sector during periods of stress when losses materialise. This will help maintain the supply of credit and moderate the downswing of the financial cycle. The requirement to add to the CCB also dampens excessive credit growth during the upswing of the financial cycle.

Manuel Meyer, Andrea Bolliger and Yves Mauchle of Baker McKenzie explain why the Swiss legal regime is attractive for initial coin offerings

Peter Reeves, Georgina Willcock and Candice Fraser of Gilbert + Tobin assess Australia’s ongoing efforts to regulate the digital currency market

Spain remains one of the largest European markets for non-performing assets – both for its non-performing loan (NPL) and real estate-owned (REO) portfolios – and is a preferred jurisdiction for international investors. The provisioning requirements of credit institutions for real estate exposures and the creation of the Spanish bad bank, Sareb, were the real catalysts for the change in mindset regarding the transfer of NPLs. All Spanish financial institutions, even the most solvent ones, accumulated large amounts of NPLs – around €300 billion ($347 billion) in total – during the real estate crisis and financial turmoil. All international credit funds and distressed investors landed in Spain several years ago and many of them set up their own asset management platforms. During those years, there was no other jurisdiction in continental Europe that could offer the opportunities and returns available in Spain (until recently, Italy).

The eastern seaboard of Thailand has attracted substantial investment during the past 30 years, including into the petrochemicals, auto assembly and high-tech business sectors. The area is served by three airports and two deep-water ports. Both Thai and foreign companies have obtained investment incentives from the board of investment (BOI) under the Investment Promotion Act (1977).