Financial products that provide structured returns (exposure to a range of asset classes while attempting to mitigate credit or other risks) such as separately managed accounts, actively managed certificates and related products, are becoming increasingly popular. These products may be issued in varying formats that may subject to different regulatory frameworks. Some products may be
Whether to address funding diversification objectives, liquidity management plans, risk-based capital concerns, or other goals, many issuers consider establishing repackaging programs. These programs can take many forms but generally raise a number of structuring and legal considerations that should be addressed early in the planning process. Join our experts in an upcoming webinar discussion of
In the midst of multiple NAIC initiatives aimed at radically changing the regulatory treatment of insurer investments, the chair of the NAIC’s Financial Condition (E) Committee released a strongly-worded memo on August 3 which looks to be a game-changer that could well lead to a major change of direction for those initiatives. This unexpected and
Banking organizations looking to reduce the amount of risk-based regulatory capital required to support residential mortgage loan portfolios can use synthetic securitization to convert the capital treatment of their exposures from wholesale or retail exposures to securitization exposures. In a new Legal Update, we discuss how regulatory capital requirements impact banking organizations that hold portfolios
Complex products continue to be a regulatory cause célèbre, drawing attention from the Securities and Exchange Commission (“SEC”) and the Financial Industry Regulatory Authority, Inc. (“FINRA”). FINRA launched a targeted examination of practices relating to options account opening, ongoing options account supervision and customer communications in connection with options in August
The Amended Rules are Intended to be “More Technology Neutral” and Specifically Address Cloud Storage
On October 12, 2022, the SEC adopted amendments to the electronic recordkeeping requirements under SEC Rule 17a-4, applicable to broker-dealers, as well as SEC Rule 18a-6, applicable to security-based swap dealers and major security-based swap participants that are not registered as broker-dealers.Continue Reading SEC Adopts Amendments to Electronic Recordkeeping Requirements for Broker-Dealers and Security-Based Swap Entities
On June 15, 2022, the Securities and Exchange Commission (the “SEC”) issued a request for comment to “help determine which ‘information providers,’ such as index providers, model portfolio providers, and pricing services, might come under the SEC’s definition of an investment adviser.” The request for comment (the “RFC”) discusses the roles played by these entities in, for example, the construction and calculation of indices, and analyzes the factors used to determine whether an entity is providing investment advice within the meaning of the Investment Advisers Act of 1940 (the “Advisers Act”). Among other things, the SEC is concerned about what it terms “significant discretion” in index methodologies.Continue Reading SEC Request for Comment on “Information Providers”