Wednesday, January 16, 2013

EC Crosses the Rubicon into Regulation of OTC Derivatives and Investment Advisers

Author: David Schwartz J.D. CPA
On December 19, 2012, the European Commission adopted technical standards on the European Markets Infrastructure Regulation (EMIR) as well as a Delegated Regulation supplementing the Directive on Alternative Investment Fund Managers (AIFMD) (called "Level 2 measures").  These two measures have been under formulation and consideration since 2010, and the technical standards adopted on December 19 meet important preconditions to implementing EMIR and AIFMD throughout all EU member countries.
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Wednesday, June 20, 2012

How Do Mutual Funds Really Use Proxy Advisers?

Author: David Schwartz J.D. CPA
A study published this month (June 2012) by the Investor Responsibility Research Center (IRRC) Institute and conducted by Tapestry Networks takes a look at the decision-making processes for proxy voting used by 19 North American asset management firms. In particular, the study looks at how these leading US mutual funds develop proxy voting guidelines and reach decisions regarding how to vote.  The 19 asset management firms used in the study account for over $15.4 trillion in assets under management, or more than half of the mutual fund assets under management in the United States.  In addition, Tapestry reviewed major academic studies and current literature on the topic, and conducted a comprehensive survey of academic research and commentary on the relationship between proxy advisers and institutional investors.  While the study revealed no standard or uniform approach to voting decision-making amongst the mutual funds studied, it did find that mutual funds rely extensively, but not exclusively on proxy advisers in making their voting decisions. 
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Saturday, March 3, 2012

ESMA Issues Consultation Draft on Regulation of OTC Derivatives, CCPs and Trade Repositories

Author: David Schwartz J.D. CPA
The European Securities and Markets Authority has issued a discussion draft on proposed regulation of  OTC Derivatives, CCPs and trade repositories.  The draft introduces provisions to improve transparency and reduce the risks associated with the OTC derivatives market and establishes common rules for central counterparties and for trade repositories.
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Number of views (7261)

Monday, February 6, 2012

OTC Derivatives Reform: A 'Sea of Change'?

Author: David Schwartz J.D. CPA
OTC derivatives legislation and clearing reforms understandably have European and US market participants scratching their heads about what this "sea of change" has in store for them and the future of OTC markets.   David Felsenthal, a partner at Clifford Chance LLP, has given the matter some serious thought, and provides some guidance in his January 14, 2012 post at Harvard Law School's Forum on Corporate Governance and Financial Regulation.
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Number of views (7923)

Tuesday, January 17, 2012

Federal Reserve Proposes Enhanced Prudential Standards and Early Remediation Requirements

Author: David Schwartz J.D. CPA
On December 20, 2011, the Federal Reserve Board of Directors published its long awaited proposal on enhanced prudential standards and early remediation requirements.  This proposal, required by the Dodd-Frank Act, would impose greater levels of regulation and supervision on certain US bank holding companies and systematically important non-bank financial companies.  
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Number of views (9098)
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