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Proposals for the regulation of shadow banking postscript
  • Stikeman Elliott LLP
  • Canada
  • May 24 2013

Short term investors are extremely risk-adverse. They demand two things at minimum - ready access to and the safety of their principal. When risk


Regulatory overkill, American style
  • Stikeman Elliott LLP
  • Canada
  • November 18 2011

Emerging from the vast literature generated by the recent financial crisis are two competing narratives attempting to identify the root cause of the crisis


CSA proposed securitized products rules - definition of securitized products
  • Stikeman Elliott LLP
  • Canada
  • April 8 2011

As indicated in our previous posting, the Canadian Securities Administrators have proposed a new framework for the regulation of securitized products which includes: enhanced disclosure requirements for securities issued under a prospectus


Regulatory overkill, Canadian style
  • Stikeman Elliott LLP
  • Canada
  • November 25 2011

Last week, I highlighted regulatory overkill in the U.S. where, together, Congress and the SEC have proposed scorched earth solutions to the issues raised by the financial crisis


Recent developments in the Regulation of Shadow Banking
  • Stikeman Elliott LLP
  • Canada
  • November 15 2013

Over the summer and fall shadow banking regulation moved forward on several fronts. First, the SEC proposed rules that would reform the way money


The Bulk Sales Act and securitization transactions
  • Stikeman Elliott LLP
  • Canada
  • June 20 2012

Rarely do judicial decisions arising under bulk sales legislation garner much attention


'We are all macro-prudentialists now': the brave new world of systemic risk
  • Stikeman Elliott LLP
  • Canada
  • June 25 2012

It wasn’t long after the immediate, frenzied response to the financial crisis that governments and regulators began to turn their minds to the fault lines that had been exposed in the financial system as a whole and to ways in which these could and should be addressed


CSA proposed securitized products rules - significant counterparties
  • Stikeman Elliott LLP
  • Canada
  • April 25 2011

Under the proposed securitized product rules disclosure is also required in respect of certain significant counterparties in a transaction


CSA proposed securitized products rules - contrast to U.S. approach
  • Stikeman Elliott LLP
  • Canada, USA
  • May 2 2011

Pursuant to Reg AB II, the Dodd-Frank Act and the rules implementing that Act (the “U.S. Proposals”), U.S. authorities have proposed the most far-reaching substantive and procedural regulations ever applied to the ABS market


Dodd-Frank proposed risk retention rules and safe harbour for foreign transactions
  • Stikeman Elliott LLP
  • Canada, USA
  • May 9 2011

On March 29, 2011, the SEC together with a number of other federal regulators and agencies proposed rules relating to risk retention for securitizations which had been mandated by the Dodd-Frank Act in order to "provide a sponsor with an incentive to monitor and control the quality of the assets being securitized and help align the interests of the sponsor with those of investors in the ABS"