PLC Global Finance multi-jurisdictional monthly e-mail for March 2011 | Practical Law

PLC Global Finance multi-jurisdictional monthly e-mail for March 2011 | Practical Law

The March 2011 multi-jurisdictional monthly e-mail from PLC Global Finance, containing information on worldwide developments in banking, financial services and financial markets. For previous updates, click here.

PLC Global Finance multi-jurisdictional monthly e-mail for March 2011

Practical Law UK Articles 3-505-3384 (Approx. 5 pages)

PLC Global Finance multi-jurisdictional monthly e-mail for March 2011

by Practical Law
Published on 31 Mar 2011ExpandAustralia, Germany, Russian Federation...UK, USA (National/Federal)
The March 2011 multi-jurisdictional monthly e-mail from PLC Global Finance, containing information on worldwide developments in banking, financial services and financial markets. For previous updates, click here.

Australia

Contributed by Minter Ellison

Covered bonds in Australia

This article looks at why Australian banks, building societies and credit unions will now be allowed to issue covered bonds as part of the federal government's banking reform package. Read more.

Australian government announces proposed carbon tax framework

The Australian government announced a two-stage plan to implement its proposed carbon pricing mechanism, which will include a fixed price carbon tax phase and a cap-and-trade emissions trading phase. This article examines key features of the carbon tax framework. Read more.
Click here for the full text of this month's Australia updates.

Germany

Contributed by Simmons & Simmons

New draft Act targets German closed-ended fund industry

The draft Act amending the law for investment intermediaries and capital investments in Germany was published in February and new rules under the Act will have a significant impact on the German fund and financial services industry. This article highlights the proposed new rules for issuers and distributors. Read more.

Frankfurt higher regional court revisits investment advice jurisprudence

The Frankfurt higher regional court revisited its jurisprudence in respect of wrong investment advice. The court was asked to decide on a damages claim in relation to wrong advice given by a bank on an investment in a film fund organised as a German limited partnership. This article looks at the court's decision. Read more.
Click here for the full text of this month's Germany updates.

Russian Federation

Contributed by White & Case LLP

Increased amount of mandatory reserves

The Central Bank issued Directive No. 2582-U, regarding mandatory reserves required for various obligations of credit organisations. Read more.

The Central Bank has increased the refinancing rate to 8%

The Central Bank issued Directive No. 2583-U increasing the refinancing rate. Read more.

Special update on clarifications of the Supreme Commercial Court on pledges and mortgages

This update is a summary of long-awaited clarifications of the Supreme Commercial Court, mainly related to the levy of execution on secured property. Read more.

Special update on clearing and netting in Russia

This article discusses the recently enacted Federal Law No. 7-FZ (the Clearing Law) and Federal Law No 8-FZ (the Amending Law). Read more.
Click here for the full text of this month's Russian Federation updates.

United Kingdom

Contributed by Norton Rose

Independent Commission on banking: the UK approach to Glass-Steagall

This article examines the issues facing the Independent Commission when it will decide in September 2011, a number of policy recommendations concerning structural measures to reform the UK banking system, including the complex and controversial issue of separating retail and investment banking functions. Read more.

Financial Transactions Tax

The European Parliament has approved a non-legislative resolution in favour of a report which recommends the introduction of an EU Financial Transaction Tax. This article highlights the aim of the tax and its implications for the wider European financial community. Read more.

ECJ signals the end of gender-based insurance premiums

The ECJ followed the Advocate General's Opinion and ruled that gender-based pricing in insurance contracts is unlawful in a recent judgment. This article examines the ECJ ruling and its impact, particularly on the EU insurance industry. Read more.
Click here for the full text of this month's United Kingdom updates.

United States

Contributed by Shearman & Sterling

Form PF: Joint SEC-CFTC proposal on reporting by private fund managers

This article examines Form PF; a proposed new piece of documentation unveiled by US markets regulators that would be filed by most investment advisers to private funds and would reveal far more information about private funds to the US government than ever before. Read more.

The Seventh Circuit's decision in ReGen Capital creates confusion: when is an assumed contract not an assumed contract?

In ReGen Capital I, Inc. v. UAL Corporation (In re UAL Corporation), the Seventh Circuit permitted a debtor to reject certain executory contracts more than 29 months after confirmation of a plan, even though the plan listed the contracts on an "assumed contract" exhibit. This article examines the case in detail. Read more.
Click here for the full text of this month's United States updates.