Requirement to hold an Australian financial services licence potentially applies to overseas companies
The Australian Government has proposed significant changes to the regulation of overseas companies seeking to provide financial services to clients in Australia, as this article explains.
Released on Mar 20, 2024
Digital banking versus traditional banking in Türkiye: the legal considerations for consumer protection
In the Turkish finance sector, digital banks offer a plethora of advantages, including cost savings, convenience and technological innovation, making them increasingly popular among consumers seeking efficient and accessible banking solutions. However, these advantages come with their own set of drawbacks, such as limited physical presence, security concerns and potential challenges for certain demographics. This article discusses the consumer protection regime that applies to digital banking.
Released on Mar 20, 2024
Banking secrecy laws in Mauritius – is Norwich Pharmacal relief excluded by the statutory regime under the specific provisions of the Banking Act 2004?
The judgment from the Judicial Committee of the Privy Council (the ‘JCPC’) in the case of Stanford Asset Holdings Ltd (Stanford) and another v AfrAsia Bank Ltd (2023) UKPC 35, delivered on 10 October 2023, has shed new light on the court's jurisdiction in respect of the question of whether Norwich Pharmacal relief is excluded by the statutory regime under the specific provisions of the Banking Act 2004.
Released on Mar 20, 2024
Proposed implementation of the NPL Directive in Romania
Recent developments in Romanian financial legislation concern the transposition of the Non-Performing Loans (NPLs) Directive into Romanian national law. Against the backdrop of an expired implementation deadline, attention has turned to two significant draft bills released for public debate. Firstly, a draft government emergency ordinance aimed to facilitate the transposition process. Secondly, a draft order issued by the National Bank of Romania, which mandates credit institutions to report on assigned NPLs.
Released on Mar 20, 2024
DREX and Open Finance: the Brazilian Central Bank unveils innovations for the Brazilian financial market
This article assesses recent innovations and the impact of new technologies in the Brazilian financial market.
Released on Nov 29, 2023
Green financing: a fast-growing trend
ESG compliance and green financing are rapidly growing trends, encouraging companies to adopt sustainable practices, improve their environmental performance, and enhance transparency and accountability. As such, traditional financings structures and loan agreements must be updated to incorporate specific ESG-related provisions, while also avoiding the risk of greenwashing.
Released on Nov 21, 2023
Webinar summary: spotlight on the practice of debt enhancement in financial restructuring proceedings
: The IBA Banking Law Committee held a webinar on 11 July 2022 to discuss the practice of the enhancement of debt in financial restructurings from an international perspective. This article summaries the content of this webinar.
Released on Aug 28, 2023
Banking on big data: the transformation of banking services through data analytics
Big data and its ability to transform banking were up for discussion at the 2022 IBA Annual Conference in Miami, where panel members considered the future of the legal and regulatory landscape for consumer protection.
Released on Apr 14, 2023
Brazilian legal and regulatory framework on virtual asset service providers
Brazil has a recently enacted a law regulating the crypto market that aims to bring more certainty and security for the players of this market and its investors. The new law sets guidelines for activities involving virtual assets in Brazil and for the registration and licensing of the virtual asset service providers.
Released on Apr 12, 2023
Victim of credit card fraud? Asking for reimbursement according to the ABF
According to the Italian Banking and Financial Arbitrator (ABF), in cases of fraudulent use of a credit card, the claim for reimbursement of the unauthorised payment transactions should be made against the card-issuing bank.
Released on Apr 12, 2023
Out-of-court debt restructuring as an alternative to business reorganisation proceedings
When a company becomes financially distressed to the point of insolvency, often the suggested route is to file for bankruptcy or business reorganisation proceedings under Thailand’s Bankruptcy Act 1940, as amended (the Bankruptcy Act). However, businesses may want to consider another informal alternative to the remedies provided under the Bankruptcy Act before proceeding with the court action: an out-of-court debt restructuring process with its creditors. This alternative route offers its own benefits and drawbacks compared to the said traditional court proceedings, whereupon each business must consider the options based on its own circumstances.
Released on Apr 12, 2023
Diversity session – 37th International Financial Law Conference
A report on a joint session of the Banking Law Committee and the Securities Law Committee at the 37th International Financial Law Conference in Venice, on the theme of diversity and inclusion.
Released on Nov 10, 2022
What ‘green’ means: the role of disclosure in sustainable finance in Singapore
This article focuses on the objectives and effects of environmental, social and governance disclosure, and its use by the Singapore Exchange and the Monetary Authority of Singapore, Singapore’s central bank and financial supervisory authority, as a calibrated regulatory tool in the sustainable finance sector.
Released on Nov 10, 2022
Keeping loans afloat during the current financial crisis in Romania
The main interest rate benchmarks for loans applicable in Romania have dramatically increased in the current financial crisis. Borrowers are concerned that a continued increase will trigger defaults and are seeking alternatives, which may prove to be only temporary relief.
Released on Nov 10, 2022
The EU’s Markets in Crypto-Assets Regulation: a regulatory tectonic shift for the crypto economy
With the rapid development of the crypto-asset market, risks regarding the trading of crypto-assets have begun to emerge, prompting the European Union to create its own comprehensive piece of legislation: its Markets in Crypto-Assets Regulation project – a future regulation on crypto-asset transactions within the EU.
Released on Nov 10, 2022
Open banking in Peru: challenges and first steps
Peruvian regulation is ready to achieve an important milestone in the development of the financial market. Open finance (and open banking as the first stage) has all the ingredients to improve the consumer experience, increase competition and close the financial inclusion gap. This article describes the first steps and challenges that these regulatory efforts will face.
Released on Nov 10, 2022
The true ‘power’ of the decision of Italy’s financial disputes arbitrator
This article follows judgment No 3654, issued by the Court of Rome on 8 March 2022. The article focuses on the uncertain and still controversial legal nature of the decisions issued by the Arbitro delle Controversie Finanziarie, an alternative dispute resolution instrument that is specific and peculiar to Italian law.
Released on Nov 10, 2022
India’s Reserve Bank tightens the regulatory framework for digital lending apps
Over the past few years, digital lending apps (DLAs) have greatly aided both business users and retail customers in India. However, to curb growing malpractice and the misuse of customers’ personal data, on 2 September 2022, the Reserve Bank of India (RBI) issued official guidelines to restrict the activities and improve the oversight of DLAs. All RBI regulated entities have until 30 November 2022 to put in place adequate systems and processes to ensure that all their digital loans are in compliance with the new guidelines.
Released on Nov 10, 2022
Ghana: the rights and obligations of creditors during insolvency
A discussion on the rights and obligations of foreign lenders during insolvency and restructuring of borrowers or security providers in Ghana, including the roles played by creditors during insolvency and restructuring.
Released on Nov 10, 2022
Benchmark replacement in Canada: from CDOR to CORRA
While global markets have understandably been focused on the transition away from the London Interbank Offered Rate, Canadian banks and supervisors are working on the transition from a key survey rate of their own, the Canadian Dollar Offered Rate. This article briefly highlights recent developments with respect to benchmark reform in Canada.
Released on Nov 10, 2022
The new Brazilian legal FX framework
In a nationwide effort to strengthen the Brazilian economy by modernising the country’s foreign exchange market, Law No 14,286, enacted in 2021 (and due to become effective as of 30 December 2022), implements significant changes to the FX framework. The new law, which requires specific regulation to be enacted, aims to: (1) achieve freedom of capital flow, (2) project the Brazilian economy internationally, and (3) reduce bureaucracy while maintaining transparency in the foreign exchange market.
Released on Nov 10, 2022
The response of the Ukrainian banking sector to the Ukraine-Russia conflict
This article outlines the Ukrainian banking system’s response following the Russian invasion of Ukraine, which began in February 2022, including in respect of how it has supported Ukrainian businesses.
Released on May 4, 2022
ESG and sustainability-linked loans in Spain: a market trend becoming a standard
The Spanish lending market is increasingly incorporating sustainability-linked criteria. While the wording of ESG provisions has not yet been standardised, their inclusion is becoming a market standard. However, there is still progress to be made, especially with respect to setting the applicable key performance indicators to be met.
Released on Apr 28, 2022
The new Portuguese Banking Activity Code: a revolution in the making?
Important changes are expected this year in Portugal with the anticipated approval of the Banking Activity Code, which shall replace the ‘old’ general regime of credit institutions and financial companies and several other legal instruments and shall consolidate in a single legal instrument the banking activity framework and bring Portuguese banking legislation up to speed with the most recent EU developments.
Released on Apr 28, 2022
Overview of recent efforts to further develop the Kuwaiti banking and capital markets regulatory frameworks
This article provides an overview of the key Kuwaiti regulatory reforms that have taken place between 2018 and 2022 that aim at modernising the Kuwaiti banking and capital markets sectors.
Released on Apr 28, 2022
The new Brazilian foreign exchange and foreign capital law
Law No 14,286, published in December 2021, revamps, streamlines, and consolidates existing legislation on the Brazilian foreign exchange market, Brazilian capital abroad and foreign capital in Brazil.
Released on Apr 28, 2022
Argentine Fintech industry: what is the current regulatory landscape and what can be expected in the near future?
In Argentina there is no centralised regulation that governs the entire Fintech ecosystem but, instead, there are several separate regulations regarding certain Fintech activities and/or players. This article provides an overview of the Argentine Fintech legal ecosystem and the main regulatory challenges for 2022.
Released on Apr 28, 2022
How Brazil regulates Open Banking
‘Open Banking’ refers to an open, interoperable and permeable platform for the sharing of information about financial assets, goods and rights held by account holders and investors who use the services of the capital and financial markets, including payment services. This article details its regulation in Brazil.
Released on Nov 25, 2021
The current status of virtual assets regulation in Uruguay
This article examines the current situation of virtual assets in Uruguay, the creation of a regulatory framework, the position of the Central Bank and the recent developments in the political system.
Released on Nov 17, 2021
Patterns of regulatory initiatives amid funding stimulus and preservation of resilience
A report on a webinar, the second in an ongoing series organised by the Banking Law Committee regarding the impact of the pandemic in the financial arena. The webinar examined: how regulation and its implementation have been wielded to strike a balance between stabilising the economy while also aiming to maintaining banks’ robustness through their loan portfolios; how regulated institutions have behaved in this environment; and what regulation’s role is in planning for a ‘return to normal’.
Released on Nov 17, 2021