In the aftermath of the Asian Financial Crisis, and the criticism directed towards the International Monetary Fund, in particular, for not having seen it coming, the Financial Stability Forum (FSF) was created in 1999 under a mandate from the G7 ministers of finance and central bank governors....

There are few things more constant in life than the rise and fall of financial markets. When markets crash, however, we are forced to restore them while learning from our mistakes. In the wake of the recent subprime mortgage crisis, Congress has drastically but deservedly overhauled the...

The existing international financial regulatory architecture is multifarious. Prevalent regulatory forums are numerous, with over-lapping spheres of activity, where all such forums share a lack of consolidated authority. Bodies like the Basel Committee on Banking Supervision (BCBS), Group of 20,...

The growth in numbers of, and of capital managed by, hedge funds as well as their activities have spurred a debate about regulation of hedge funds worldwide. In Germany, however, the discussion focused on the hedge funds' voting behavior and their investment strategies, which is due to the...

Financial regulation after the Dodd-Frank Act has produced a blizzard of acronyms, many of which revolve around the “too big to fail” (TBTF) problem. OLA, OLF, SPOE, and TLAC are new regulatory tools that seek to build a new regime for resolving failures of systemically important financial...

The ESMA has the power under Article 17 of its statutory Regulation to investigate and take further action concerning the failure of a national competent authority to comply with its obligations under the legislation referred to in Article 1(2) of that Regulation and in general if it has not...

Knowing about the Foreign Corrupt Practices Act ("FCPA") is critical for any institutional investor that has ties to non-U.S. service providers, is investing outside the U.S. and/or buying securities issued by non-U.S. companies. "Avoiding FCPA Liability by Tightening Internal Controls:...

The launch of the CARICOM Single Market and Economy (CSME), which inter alia, facilitates the free movement of capital among Member States has implications for the legal and regulatory frameworks governing the financial services sectors. Notwithstanding the Revised Treaty of Chaguaramas and the...