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  • Juan Luis Avendaño Nydia Guevara Banks' subordinated debt and its impact on regulatory capital are still regulated in Peru under the Basel II standards. Since their inception in 2009, Peruvian banks have issued tier 1 and tier 2 hybrid instruments in the form of subordinated bonds. The basic features of Peruvian banks' subordinated debt instruments for purposes of qualifying as regulatory capital are that they: i) are unsecured; ii) rank junior to all other obligations and senior only to equity; iii) have loss-absorption capabilities; and iv) have a minimum term to maturity of five years.
  • Daniel Futej Cyril Hric The Slovak banking sector has faced new challenges in recent months resulting from international and European measures against tax fraud and tax evasion. As complexity increases, the need for more intensive cooperation in tax matters among jurisdictions becomes necessary. Slovak tax authorities need to have control over the proper fulfilment of tax obligations, with effective exchange of information on a European and international level. This topic has been discussed extensively over the past years on an EU and OECD (Organisation for Economic Co-operation and Development) level. The reason for such discussions is mainly down to increasing: (i) mobility of taxpayers; (ii) cross-border transactions; and of (iii) internationalisation of financial instruments. Such development requires effective measures beyond the powers of control at a national level, as respective states cannot manage their internal taxation systems (especially for direct taxation) without receiving information from other states. The efforts of recent months has resulted in the adoption of: (i) the Multilateral Competent Authority Agreement on the implementation of the global standard for the automatic exchange of financial account information at the OECD's Global Forum on Transparency and Exchange of Information for Tax Purposes (MCA Agreement); and (ii) a political agreement on a revised version Directive 2011/16/EU on administrative cooperation in the field of taxation (DAC).
  • Dina Al Wahabi There are two types of securities that are listed on the Qatar Stock Exchange (QE), namely, shares and bonds. Only governmental bonds issued by the Qatar Central Bank (QCB) on behalf of the Government of Qatar are listed on the QE. Although the procedures relating to pledging of securities prescribed by the Qatar Central Securities Depository (QCSD) Rules of Dealing do not differentiate between shares and bonds, there are legal and practical differences in pledging bonds under the Qatari Civil Code 22 of 2004. This article will set out a summary of the issues relating to the creation of a pledge over securities and discusses enforcement issues in Qatar. The QE is the securities market in the State of Qatar and is regulated by the Qatar Financial Markets Authority. Last year, the QE was upgraded from frontier to emerging market status by index provider MSCI, signaling investor confidence and improved governance. The QE has 43 listed companies and trades on securities, Government Bonds, Sukuks and Treasury Bills issued by the QCB.
  • Thai law governing surety and mortgages is found in the Civil and Commercial Code (CCC) and has been relatively stable over the years. However, the amendments described in our November 2014 briefing are already out of date.
  • Sponsored by Hogan Lovells
    Hogan Lovells' Lewis Cohen and Edgard Alvarez, with Sairah Burki of Structured Finance Industry Group, explain why the adoption of a HQS label could spell trouble for transactions that don’t meet the label requirements
  • What will be the biggest hurdle to implementing the new loss-absorbency requirement? Vote now
  • Asia’s debt markets are deepening, and banks are hoping to capitalise on that growth. Panellists at a recent ICMA event warned against competing for deals based on regulatory laxity
  • Michael Oyebola and Damilola Okonkwo of FBN Capital Asset Management examine the emergence, growth, regulatory regime and future potential for collective investment schemes
  • André Valente of UBS Fund Services looks at how the Swiss fund management industry is gaining momentum in the face of a series of tough regulatory changes
  • Gabriela Diezhandino and Vincent Ingham of the European Fund and Asset Management Association (EFAMA) examine the outlook for European regulation, and resulting implications for the Asset Management industry