This issue of Structured Thoughts discusses structured products and the SEC’s new general solicitation and bad actor rules; and offering terms that are determined after the time of a product’s pricing.
9/3/2013
Newsletter
In this issue of Structured Thoughts, we examine complex products and conducting a reasonable basis suitability review; guidelines for presenting backtested performance data; IOSCO’s final report on principles for financial benchmarks; the SEC and FINRA’s concerns regarding the sale of complex products to senior citizens; the “retailisation” of structured products in the EU; FINRA’s recent FAQ on TRACE and variable price reofferings; and other timely topics.
8/12/2013
Newsletter
In this issue of Structured Thoughts, we discuss FINRA’s alert concerning the purchase of structured products in order to increase returns; the IOSCO report regarding more uniform regulation and greater transparency for exchange-traded products; and FINRA’s decision to forgo its proposal to require supervision of non-securities business.
7/9/2013
Newsletter
In this issue of Structured Thoughts, we examine how the UK’s FCA has restricted the marketing of unregulated collective investment schemes and similar products to retail investors; electronic structured note systems and U.S. securities regulation; and various reminders from the SEC and FINRA.
6/17/2013
Newsletter
In this issue of Structured Thoughts, we discuss due diligence procedures for structured note distributors; key issues for Yankee CDs; the SEC and FINRA’s concerns about the sale of certain structured products to senior citizens; the Financial Stability Oversight Council’s 2013 Annual Report; and the SEC’s recent discussion of estimated value.
5/15/2013
Newsletter
In this issue of Structured Thoughts, we discuss regulating retail structured products and the IOSCO toolkit.
5/2/2013
Newsletter
Financier Worldwide
May 2013
Article
In this issue of Structured Thoughts, we discuss FINRA’s guidance on backtested performance data, FINRA Chairman and CEO Rick Ketchum’s recent discussion of structured products, and also provide an update regarding TRACE and Rule 144A securities.
4/26/2013
Newsletter
In this issue of Structured Thoughts, we discuss FINRA’s 2013 communication rules and revisions to MSDAs, Regulation R and bank sales of structured products, and the Financial Conduct Authority’s temporary product intervention rules.
4/12/2013
Newsletter
In this issue of Structured Thoughts we discuss the additional SEC guidance on estimated value disclosures, 2013 OCIE examination priorities and their implications for structured products issuers and dealers, the EITF and the Federal Funds rate, and the FDIC’s proposal to nix insurance for dually payable deposits.
2/28/2013
Client Alert, Newsletter
Of Counsel, Vol. 32, No. 2
February 2013
Article
Reprinted with permission, Aspen Publishers.
In this issue of Structured Thoughts, we discuss the EU regulation on short selling and its impact on U.S. issuers of structured notes, FINRA’s focus on conflicts and the revised FINRA communications rules.
11/13/2012
Newsletter
Financial Fraud Law Report, Vol. 4, No 10
November/December 2012
Article
Reprinted with permission.
In this issue of Structured Thoughts we discuss indices, the proposed extension of Rule 206(3)-3T, MNPI and structured products, and investments by federal and state savings associations.
10/12/2012
Newsletter
This is a special issue of Structured Thoughts that recaps SIFMA’s recent Complex Products Conference.
10/1/2012
Newsletter
Chapter 45 of Broker-Dealer Regulation
Published by Practising Law Institute (2012)
Edited by Clifford E. Kirsch
October 2012
Book
The Review of Securities & Commodities Regulation, Vol. 45, No. 16
9/26/2012
Article
Reprinted with permission.
In this issue of Structured Thoughts, we discuss the ever expanding suite of disclosure documents for securities offerings, the increased options for private structured note programs as a result of the proposed SEC regulations under the JOBS Act, the SEC’s recent study on financial literacy, and ProShares’ ETF class action lawsuit.
9/19/2012
Newsletter
In this issue of Structured Thoughts, we discuss FINRA’s recent concerns about exchange-traded notes and new PRIPs legislation finally published by the EU Commission.
7/20/2012
Newsletter
In this issue of Structured Thoughts, we examine FINRA’s announcement of an effective date for new rules regarding communications with the public, the Federal banking agencies’ regulatory capital proposals, the new FINRA rule 5123 on private placements and the FDIC’s recent investor alert relating to structured CDs.
6/21/2012
Newsletter