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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

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

The transposition deadline for the Omnibus Directive

The transposition deadline for the Omnibus Directive is quicky approaching and a draft law has been released in Romania for its implementation. This includes several amendments which appear to be exceeding the framework regulated by the Omnibus Directive, boosting consumer protection in the context of unfair terms legislation.

Released on Nov 17, 2021

Fintech and ESG: a desirable crossover

Environmental, social and governance (ESG) factors have been a key driver of change and a main point of discussion in the last few years – as has financial technology (Fintech). This article takes a closer look at these two forces of transition to see how they may impact each other and trigger new ways of doing (sustainable) business.

Released on Nov 17, 2021

The possible implementation of a fast-track registration procedure for placement of asset-backed securities in Peru

Together with the Association of Securitization Companies the authors have prepared and presented the Peruvian Superintendency of the Securities Market with a project to modify the regulations of the Institutional Investors Market so that said market would be open for the placement of asset-backed securities. This article details the background to the proposal.

Released on Nov 17, 2021

Fraud and abuse of right affecting the enforcement of a pledge: recent court developments under Luxembourg law

A recent decision handed down on 22 January 2020 by the Luxembourg Court of Appeal is relevant for banking and finance practitioners as it concerns the attempts made by a pledgor to overturn the enforcement of pledges. This article explores the judgment.

Released on Nov 17, 2021

Neobanks in India: here to stay

This article seeks to examine the existing regulatory framework governing neobanks in India; their business models, challenges and opportunities for their growth, and comparisons with cross-jurisdictional developments in this segment.

Released on Nov 17, 2021