i-law.com - Newsletter (Compliance Monitor)

Though the regulator has described what a ‘good’ firm looks like when dealing with vulnerable consumers, it does not outline how such customers should be identified. Martin Kisby comments on ways that technologies can help lenders recognise vulnerability and safeguard their customers from unmanageable debt.

Online Published Date: 05 November 2018

Appeared in issue: Vol 31 No 03 - 01 November 2018

Battle of forms: the construction of competing jurisdiction clauses

A decision from the Court of Appeal in an interest rate swaps case has clarified the preferred approach to interpretation of competing jurisdiction clauses. The judgment provides more certainty for the derivatives market, explain Abdulali Jiwaji and Nils De Wolff.

Online Published Date: 05 November 2018

Appeared in issue: Vol 31 No 03 - 01 November 2018

Securitisation: has the financial crisis ‘bad boy’ been tamed?

Some ten years ago, millions of ‘toxic’ housing loans that had been churned into Mortgage-Backed Securities and Collateralised Debt Obligations began to falter and spread contagion from the United States to financial markets around the globe. Levels of securitisation plummeted after the crisis. But, as appetite returns, the European Union has sought to strengthen regulation of these instruments with a uniform framework for ‘simple, transparent and standardised’ transactions. Adam Samuel ventures where all but quants fear to tread.

Online Published Date: 05 November 2018

Appeared in issue: Vol 31 No 03 - 01 November 2018

A path for consumer tokens – the SEC and CFTC analysis

The demand for funding of innovative technologies has challenged financial supervisors around the globe to formulate where digital assets sit within their regulatory frameworks. Stephen P Wink, David L Concannon and Yvette D Valdez outline how consumer token transactions in the United States intersect with securities and commodities laws.

Online Published Date: 06 November 2018

Appeared in issue: Vol 31 No 03 - 01 November 2018

“A cultural shift is needed to believe the whistleblower”

Despite high-profile failures in the banking industry to operate robust whistleblowing procedures, the financial regulator has yet to show unequivocal support for those who risk their livelihoods to blow the whistle. By Hannah Laming and Miranda Ching.

Online Published Date: 06 November 2018

Appeared in issue: Vol 31 No 03 - 01 November 2018

‘Reasonable steps’ for senior managers

With the onerous Duty of Responsibility being extended to high-level staff right across the financial sector, Gregory Brandman and Ruth Paley review the regulators’ formal guidance as well as best practice principles to help senior personnel manage and mitigate their personal risk.

Online Published Date: 06 November 2018

Appeared in issue: Vol 31 No 03 - 01 November 2018