A Dodd-Frank Derivatives Update

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.

Dentons partner Tom Eldridge discusses financing trends in Africa, and how Chinese investment into the continent will develop

White & Case’s Kirsti Massie outlines how Nigeria’s power sector is changing and explains the key considerations for foreigners financing Nigerian Projects

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.

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

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)

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

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

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 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

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

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

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.

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.

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