Financing and liability management developments

IFLR, Morrison & Foerster, HSBC
Financial regulatory reform legislation requires Federal banking agencies to establish minimum leverage and risk-based capital requirements. The legislation will effect a number of important changes for insured depository institutions and bank holding companies.

Financial institutions also are evaluating the impact of the proposed Basel III framework on regulatory capital requirements. These changes will affect funding costs for financial institutions going forward. Banks should begin planning now and will be required to consider a number of alternatives.

Topics will include:
•changes effected by legislation, including minimum leverage capital and risk-based capital requirements;
•the Basel III process;
•a review of hybrid securities (tax characteristics, legal form, ratings treatment);
•effect of Dodd-Frank and Basel III on certain instruments, like trust preferred securities and other innovative hybrids;
•contingent capital;
•effect of these developments on ratings for financial institutions;
•addressing outstanding hybrid securities;
•tax considerations; and
•consent solicitations, remarketings and exchange offers and other liability management options.

Speakers:
Thomas A Humphreys, Morrison & Foerster LLP
Anna Pinedo, Morrison & Foerster LLP
Benjamin Katz, HSBC
Lukas Becker, IFLR
Jun 29 2011
90 mins
Financing and liability management developments
liability management
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  • Dodd-Frank Act Title VII Update May 21 2013 3:00 pm UTC 90 mins
    As we near the third anniversary of the passage of the Dodd-Frank Act, many of the principle elements of the regulatory framework for OTC derivatives in the US have been finalised. That being said, given the need for many interpretative releases and no-action or exemptive relief, and various implementation delays, market participants are still grappling with new requirements. This webinar will review the status of:

    Swap Dealer and MSP registration;
    Swap data recordkeeping;
    Swap data reporting; and,
    Mandatory clearing;

    Panelists will discuss the major unfinished rulemaking areas. These include:

    OTC margin requirements;
    Swap execution facilities;
    Extraterritoriality;
    Additional mandatory clearing designations;
    SEC Title VII implementation;
    Related areas such as the Volcker Rule, Lincoln Amendment; and,
    Proposed legislation/future prospects.
  • IFLR: South Africa focus Recorded: May 16 2013
    The South Africa panel from the IFLR Africa Forum, May 14, 2013. Recent political and regulatory developments; Investment trends in South Africa; South Africa as a springboard for investment into the rest of the continent; Developments in onshore versus offshore debt capital markets.
  • Africa’s financing future: a project finance update Recorded: May 16 2013 4 mins
    Dentons partner Tom Eldridge discusses financing trends in Africa, and how Chinese investment into the continent will develop
  • Nigeria’s power projects: how to invest Recorded: May 16 2013 5 mins
    White & Case’s Kirsti Massie outlines how Nigeria’s power sector is changing and explains the key considerations for foreigners financing Nigerian Projects
  • IFLR: South Africa focus Recorded: May 14 2013 31 mins
    The South Africa panel from the IFLR Africa Forum, May 14, 2013. Recent political and regulatory developments; Investment trends in South Africa; South Africa as a springboard for investment into the rest of the continent; Developments in onshore versus offshore debt capital markets.
  • IFLR: Dealing in African debt capital markets Recorded: May 14 2013 63 mins
    The debt capital markets panel from the IFLR Africa Forum, May 14, 2013; Dealing with the demands of African sovereign deals; Structuring international debt for African borrowers; A role for sukuk to play?; How the continent is coping with global economic constraints
  • New bank capital rules: are CoCos the answer? Recorded: Apr 17 2013 90 mins
    Financial institutions in Europe and the US are considering a range of products to address their funding needs. It’s a difficult task, as it’s still not known which products will receive beneficial regulatory capital treatment. National regulators also have provided guidance on additional or so-called buffer capital, as well as contingent capital products.

    European banks have recently issued contingent capital products – or CoCos – and we expect additional offerings to be forthcoming. These issuances face an uncertain regulatory framework, and evolving market practice. This webinar will discuss these considerations, focusing on:

    · Basel III guidance and status of implementation;
    · Bail-in capital, including national guidance;
    · Contingent capital products and structures;
    · Market experience;
    · Tax, ratings, corporate governance and other considerations relating to contingent capital; and
    · Investor perspective.

    Speakers:
    · Anna Pinedo, Morrison & Foerster
    · Tom Humphreys, Morrison & Foerster
    · Anthony Ragozino, UBS
    · Danielle Myles, IFLR (moderator)
  • IFLR: Winning back confidence in securitisation Recorded: Apr 9 2013 51 mins
    A panel from the IFLR European Capital Markets Forum on April 9 at the Waldorf in London.

    • Prime Collateralised Securities initiative - lessons from first issuances
    • Opportunities to revive the CMBS market?
    • Dodd-Frank and its impact on commodity pools
    • Solvency II interpretation
    • Increase in fixed rate deals and deals structured without need for swap counterparty
    • Developments: covered bonds and project bonds

    Jerry Marlatt, senior counsel, Morrison & Foerster (chair)
    Brad Duncan, director and deputy general counsel, Citigroup
    Steven Gandy, managing director and head of securitisation, Santander Global Banking & Markets

    For more information and coverage of the event, please visit www.iflr.com/ecm2013
  • IFLR: Debt developments, managing liability and raising funds Recorded: Apr 9 2013 54 mins
    Audio recording of the first panel of the IFLR European Capital Markets Forum 2013 at the Waldorf in London on April 9.

    • Structuring and planning liability management exercises
    • Banks and links to sovereigns
    • The differences between bail-in bonds and contingent capital: more activity?
    • Sovereign new issues: what to look out for

    Michael Doran, partner, White & Case (chair)
    Bruce Duncan, managing director and counsel, banking and capital markets origination legal, Citigroup
    AJ Davidson, managing director and head of hybrid capital & balance sheet solutions - EMEA & APAC, Royal Bank of Scotland
    Gavin McLean, partner, White & Case

    For more information and coverage of the event, please visit www.iflr.com/ecm2013
  • International Listing – Is China ready for it? Recorded: Mar 19 2013 75 mins
    A reform-minded Politburo Standing Committee, the introduction of a new payments system and the potential future full convertibility of the renminbi all point towards an explosion of activity in China’s capital markets this year. Though the long-awaited International Board of the Shanghai Stock Exchange has no clear timeline yet to proceed, foreign companies are expressing strong interest to listing in China.

    This webinar will provide a practical guide to opportunities in China’s capital markets. The speakers will focus on:

    - Existing listing regime in China
    - International Board of the Shanghai Stock Exchange: closer or not?
    - Potential benefits for international companies
    - Key terms of the draft Listing Rules
    - Comparison of listings in China and Hong Kong

    Speakers:

    Matthew Bersani, Asia Managing Partner, Shearman & Sterling
    Colin Law, Head of Hong Kong Law Practice, Shearman & Sterling
    Liu Gang, Partner, Commerce & Finance Law Offices (Tongshang)
    Lucy McNulty, IFLR (moderator)

    CPD & New York and California CLE credit will be offered for this webinar
  • The JOBS Act: rulemaking status and assessing its first year Recorded: Mar 7 2013 90 mins
    The Jumpstart Our Business Startups Act – better known as the JOBS Act – took effect in April 2012. Since then, the Securities & Exchange Commission has published many of the Act’s required studies, and released significant guidance concerning many of its provisions. Market practice continues to evolve, particularly in relation to emerging growth company IPOs.

    Now approaching its first anniversary, this webinar provides an opportunity to look at how the market has utilised the JOBS Act, and the key questions that remain. The speakers will focus on:

    • Title I practices, including confidential submissions, test-the-waters communications, and disclosures
    • Practice pointers under Title I
    • Emerging growth company exchange offers, mergers, and spin-offs
    • Research guidance
    • General solicitation and exempt offerings

    Speakers:
    • Anna Pinedo, Morrison & Foerster
    • David Lynn, Morrison & Foerster
    • Tymour Okasha, Bank of America Merrill Lynch
    • Danielle Myles, IFLR (moderator)

    New York and California CLE credit will be offered for this webinar
  • Offering covered bonds in the US Recorded: Feb 7 2013 91 mins
    Despite the sovereign debt crisis and heightened global volatility, the covered bond market remains very attractive. Foreign banks continue to tap US markets with covered bond offerings. In this webinar, the panellists will discuss prevailing market conditions, legal and regulatory considerations, and the process for a foreign issuer to make an exempt offering.

    Topics include:

    - Market trends and an update on the European market
    - Recent legislative developments
    - Section 3(a)(2) versus Rule 144A offerings
    - Bank regulatory considerations

    Speakers:

    - Jerry Marlatt, Morrison & Foerster
    - Anna Pinedo, Morrison & Foerster
    - Ben Colice, Managing director, RBC Capital Markets
    - IFLR

    New York and California CLE credit is pending
  • How foreign banks can finance in the US Recorded: Jan 10 2013 90 mins
    Foreign banks are increasingly seeking to diversify their financing opportunities. With careful planning they can access US investors without subjecting themselves to the securities registration requirements applicable to public offerings, or the ongoing disclosure and governance requirements applicable to US reporting companies. Foreign banks may also consider registering with the SEC. During this webinar, the panellists will discuss:

    • Issuances exempt from registration under Rule 144A

    • Setting up a Rule 144A or bank note programme for straight debt

    • Issuances that rely on registration exemptions provided by the Securities Act Section 3(a)(2) for securities offered or guaranteed by banks

    • Registering in the US

    Speakers:

    - Anna Pinedo, Morrison & Foerster
    - Ze'ev Eiger, Morrison & Foerster
    - Jack McSpadden, Citigroup Global Markets Inc
    - Laura Drumm, Citigroup Global Markets Inc
    - Danielle Myles, IFLR
  • The trillion dollar ambition: Indian Infrastructure Recorded: Nov 27 2012 58 mins
    For the past half decade India's infrastructure industry has enjoyed a blast of growth. The government says the boom will continue. Over the next five years it predicts that infrastructure investment will reach a new high relative to GDP, with some $1 trillion spent, half of it by the private sector. This webcast will outline the opportunities, and challenges, of Indian infrastructure investment. Our panelists will discuss:

    · How to successfully implement PPPs in India;

    · Dealing with delays: land acquisition, environmental clearance; and,

    · Managing natural resources in India and key challenges.
  • Are you FATCA ready? Recorded: Oct 9 2012 89 mins
    By now many have heard of the US Foreign Account Tax Compliance Act (FATCA) and its impact on the US and international capital markets. The FATCA provisions, which will be phased in beginning on January 1 2014 could dramatically alter the way US corporations raise funds abroad, the way non-US financial institutions are forced to comply with US tax law, as well as the way many foreign investors invest in US securities.

    The panel will discuss:
    The background of FATCA;
    The FATCA 30% tax on "withholdable payments" such as interest, dividends, and securities sales proceeds beginning January 1 2014 and on "passthru payments" beginning January 1 2017; and,
    The impact of FATCA on capital markets transactions including equity and debt offerings, swap transactions and other structured products.
  • A Dodd-Frank Derivatives Update Recorded: Sep 6 2012 89 mins
    With the recent regulatory guidance on extraterritoriality, the principal pieces of the regulatory framework applicable to derivatives are coming together. This webcast will provide an overview of the status of Title VII rulemaking. The participants will discuss:

    - Entity definitions
    - Swap dealer registration and compliance issues
    - Registration process
    - Business conduct standards and policy requirements
    - Compliance challenges
    - Timing considerations
    - Clearing documentation

    The speakers will be:
    - Danielle Myles, editor, International Financial Law Review (moderator)
    - Anna Pinedo, Morrison & Foerster, New York
    - David Kaufman, Morrison & Foerster, New York
    - Glen Rae, associate general counsel, Bank of America Merrill Lynch
  • The Dodd-Frank’s Second Anniversary Recorded: Jul 31 2012 88 mins
    Join us for a status update at the second anniversary milestone on Dodd-Frank rule making progress.

    Our panellists will focus on concerns for foreign banks, funds and advisers.

    We will address each of the major areas, including:
    •Development affecting funds and their advisers;
    •Prudential supervision;
    •SIFI designation;
    •Orderly Liquidation Authority and resolution planning;
    •Ratings and securitisation; and,
    •Derivatives.
  • Basel III American style: US regulatory capital framework changes Recorded: Jun 28 2012 87 mins
    On June 12 2012 the US Federal banking agencies proposed for comment, in three separate but related proposals, significant changes to the US regulatory capital framework. One proposal applies the Basel III capital framework to almost all US banking organisations.

    Join us for an overview and discussion about the three proposals, and to learn more about:

    • The new capital requirements

    • Components of common equity, additional Tier 1

    • Types of financial products that will no longer receive beneficial regulatory treatment

    • Regulatory deductions

    • Statutory bail-in

    • Differences between the proposed rules and Basel III and CRD IV

    • Risk weights

    Speakers:

    • Danielle Myles, IFLR (moderator)
    • Charles Horn, Morrison & Foerster
    • Dwight Smith, Morrison & Foerster
    • Adriaan Van der Knaap, StormHarbour Securities
  • Structured Products: An Update of Recent US and EU Regulatory Developments Recorded: Apr 4 2012 89 mins
    This program will provide an update as to recent developments impacting structured product development and sales in the US and Europe, based on recent regulatory initiatives from the SEC, FINRA, European Commission, ESMA and the FSA.

    Speakers:

    Robert Dilworth, Bank of America/Merrill Lynch
    Lloyd Harmetz, Morrison & Foerster, New York
    Peter Green, Morrison & Foerster, London
    Tim Hailes, chairman, Joint Associations Committee, London
    Lukas Becker, International Financial Law Review
  • Proposed US offering reforms Recorded: Mar 8 2012 86 mins
    As attention in the US has turned to job creation, greater focus has been placed on the need to promote capital formation.

    This IFLR webcast, in association with Morrison & Foerster will provide an overview of the regulatory burdens that impact capital raising in the country.

    We will also discuss the proposed reforms to the IPO process and to the private offering process and how these may help US and foreign companies to access the capital markets more easily. Specifically, we will address the following:

    •Changes in the IPO market;
    •Proposed reforms to promote IPOs;
    •Proposed changes related to the prohibition against general solicitation in connection with private placements;
    •Other possible changes related to offering communications;
    •Regulation A basics and proposed amendments to Regulation A;
    •Crowdfunding; and
    •Staying private and the Section 12(g) threshold.
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  • Title: Financing and liability management developments
  • Live at: Jun 29 2011 3:00 pm
  • Presented by: IFLR, Morrison & Foerster, HSBC
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