Banking and Finance Law Articles

Articles written by lawyers worldwide
explaining the different aspects of Banking and Finance.

Turkey and Aircraft Financing Junction: Sukuk Issuing

Despite a slowdown in 2013 with 13% decline by sukuk volume, it is most likely to witness a distinct expand in next year since it will lie...
FIND LEGAL ARTICLES

Base Erosion and Profit Shifting Action Plan: Effects on PE Funds

BEPS ( "Base Erosion and Profit Shifting") is a tax strategy which is driven by asymmetries and mismatches amongst different jurisdictions in...

Whistleblower Reward Is $63.9 Million In JP Morgan Mortgage Fraud Case

A whistleblower will receive $63.9 million for providing information to the government that lead to a recovery.

Concessions in Albania / PPP in Albania

According to the assessment, the application of the laws of the PPP / concession in Albania is estimated to achieve "high efficiency" compared...

Democratic Republic of the Congo: Impact of the “Doing Business” Report on Tax and Duties Payments

Progress towards tax and duties payment in the Democratic Republic of the Congo in connection with the “Doing Business Report”.

Turkish Banking Industry Outlook 2014

The Turkish Banking sector is expected to operate in crunchy year in 2014. The concerns related with Fed's actions that might result with the...

The Contracts (Rights of Third Parties) Bill, 2014 proposes changes to Cayman contract law

The Cayman Islands Government has published a new bill that will modify contract law in the Cayman Islands when it is passed into law by...

Angel Investment, Private Equity and Venture Capital in Turkey

Throughout the last decade Turkey had managed to transform itself in to an economic hub in its region. Its high rates of economic growth...

A Brief Look into Turkish Promissory Note System

The aim of this article is to provide an insight on the Turkish negotiable instrument system and promissory notes in particular. The article...

Jurisdictions with Strategic Deficiencies Identified by FATF

On 21st February 2014, the MFSA issued a Notice to Financial Services Licence Holders informing them on the Financial Action Task Force (FATF)...

Legal Outlook of Turkish Private Equity Market

Companies that invest in the private equity market bear high risks but also the possibility of high returns. Usually, private equity companies...

HK New Companies Ordinance : Changes to Directors’ Duties

The entirely new Companies Ordinance (Cap 622) (“New CO”) will come into force on 3 March 2014. We highlight the New CO’s major changes relating...

Attractive and Reliable Investments in Ukrainian Financial Sector for Foreigners

Ukraine is a democratic country with European values. Many foreign investors have considered Ukraine as a growth market in different business...

New Corporate Governance Standards for Regulated Mutual Funds in the Cayman Islands

In response to feedback from its consultation with stakeholders in the Cayman Islands financial services industry (including feedback on a draft...

Private Equity Investments in Family Owned Businesses in Turkey

Buy-outs of family/private firms represent a significant part of the overall buy-out market in Turkey.

Managing changes in Material Interest in Maltese Listed Companies: A Survivor’s Guide

The Regulatory Landscape: Whilst the Maltese Companies Act (Chapter 386, Laws of Malta) (the “Act”) provides the general legal framework for the...

Mezzanine Capital in Turkey; A Breakthrough Growth or A Simple Alternative in Financing

Financial system is wide range of new alternative instrument for developing countries and Turkey heads toward new financial system in this...

MiFID II – Taking it to the next level

After two years of negotiations, on 14th January 2014 a high-level agreement was reached between the European Parliament, the Council and the...

Bridge Financing for Turkish Private Equity Market

Turkey is emerging market’s dynamism and is a suitable area for future factors in the traditional market.

Long-term Investment Account - Hole in the Net

The purpose of the personal income tax is to make Hungarian tax residents liable to tax on all their personal income irrespective of where the...

New Opportunities to Earn: Passive Profit in Ukraine

It is not a secret that in different countries the cost, availability and profitability of financial resources placement are vary considerably....

Why Still Invest in Turkey?

The global economic uncertainties surrounding the apprehensive expectations of Fed’s future monetary policies have already coalesced with the...

Corruption Claims and Effects in Turkish Banking Law

The latest corruption claims in banking sector of Turkey may show considerable effects which have already started to spread several areas of the...

Emerging Financial Instrument in Turkey: Asset Backed Securitization

Asset Backed Securities- Securitization is the transformation of receivables and cash flow created from a collection of financial assets into...

Global Economic Uncertainties and The Expanding Sukuk Market in Turkey

It is no surprise that in times of global and local economic uncertainties, people are more tend to look for a safe haven to wait for the...

Financial Aspects of Private Equity Investment Funds in Turkey

Private equity encompasses investors and funds which make investment directly into private companies or conduct buy out of public companies that...

More Transparency and Less Concern about Factoring Companies in Turkey

Factoring refers a financial transaction where a business sells their account receivable to a third party which is called a factor at a discount...

Motivations and Limitations of Private Equity Investment Funds in Turkey

Turkey provides substantial opportunities for private equities with rapidly developing sectors, liberalization policies in state-owned areas and...

A New Austerity Plan: Regulated Credit Cards Market in Turkey

Turkish credit card market is a growing market which also carries a high potential and there is the accelerating role of credit card debt...

Spending Cuts and the Banking Sector in Turkey

Last week, the CEO of one of the best know Turkish Banks finally went out publicly to declare that the year 2014 will probably be the toughest...

Integration of Turkish Banking System to Global Market

Turkish banking system becomes to adapt new conditions and this impacts to increase competition in terms of new services and products.

Opportunities in Fragile Turkish Equity Markets: Turbo Certificates

Turbo certificate ("Turbo") is a derivative product that reacts with respect to an underlying asset is determined in advance.

Chinese Regulations for Investments in Germany

A rather detailed introduction of the legal aspects of outbound investment from China to foreign countries based upon the legal reality of China...

New Investment Opportunities for Master Funds Schemes in Turkey

Business world firstly threw master funds opinion into the pot in 2011. After two years, this attempt currently came into climax with government...

Key Process-Plant Specific Clauses in Process-Plant EPC Contracts - Turkey

Mostly, EPC Contracts will not provide for the handover of the facility to the project company until all commissioning and reliability trialing...

Who Is Liable for the Construction Risks in Project Finance? - Turkey

In BOT project financing, it is generally the contractor, which takes full liability for the construction risks according to the commonly...

What Is the Advantage of Using Model Contracts in Project Finance? - Turkey

There are the advocates of tailor-made agreements in Project Finance which, they argue, properly incorporate the specific points unique to each...

How Does the Federal Reserve System (the “Fed”) Work?

  By HG.org
We have all heard about how interest rates might be going up when the economy is improving or how interest rates fall as the economy suffers....

AIFMD – Implementation of the Depositary Lite Provisions - Malta

Following the finalisation of the consultation process which commenced on the 18th September 2013, the MFSA has revised the Investment Services...

Current Account Deficit in Turkey; Switch Structure of Society

Global financial crisis prompts Turkish government to resettle apropos of economy since many countries confront financial problems and their...

Developing Countries Are Potential Actors for Investment

Foreign direct investment has an extraordinary role in the international sectors since it can contribute to remain the rate of global business.

Bitcoin and Taxation under Turkish Legislation

Bitcoin is a form of digital currency, created and held electronically. In other words, it is an open source peer-to-peer electronic money and...

When a Business Folds, Who Is Responsible for Its Debts and Other Obligations?

  By HG.org
A common question among small business owners is who will be responsible for debts and other obligations if a business entity folds or...

Foreign Account Tax Compliance Act - Panama

In 2014, essentially all the financial institutions operating in Panama will be required to submit information to the United States (IRS)...

Higher Savings Mean More Stringent Regulations for Turkish Banking

Using credit card is controversial issue in Turkey because rising rate of using credit card can arise problems in terms of financial woes such...

Risks that Will Be Triggered during Hard Economic Times - Turkey

The hard situation in the market affecting market demand. Projects, which are ideal for project financing, are those with predictable and stable...

How Does U.S. Law View Offshore Bank Accounts?

  By HG.org
Perhaps you are one of the fortunate few who has achieved a level of wealth where you are legitimately concerned that the ebb and flow of the...

What Does the Law Say About Loaning Money to Friends and Relatives?

  By HG.org
Has someone close ever asked you for a loan? A lot of feelings and thoughts probably hit you all at once: an urge to be helpful to someone you...

Founding Partner Liable to Pay Compensation Even Though a Broker Was Used – Germany

According to the Federal Supreme Court (BGH), founding limited partners are liable for incomplete or wrong information given by the brokers they...

Overview of Cayman Islands Law Governing Hedge Funds – Q&A

The primary legislation regulating hedge funds in the Cayman Islands is the Mutual Funds Law (As Revised) (the “Funds Law”) and accompanying...

Malta Named European Domicile of Choice - HFR SP, 2013

The prestigious Hedge Funds Review Service Provider Rankings (HFR SP) 2013, has ranked Malta as Europe’s top hedge fund domicile, marking...

Turkey Construction Contracts Which Mean EPC Contracts in Project Finance

Project finance means the term applied to a variety of financing structures that have a few features in common. There are lots of participants...

Agents of Foreign Companies in Turkey

Since the last decade due to the increase in FDI which is positively affected by GDP growth, Turkey has attracted many investors from all around...

An Overview of Turkish Defense and Aerospace Industry, Tendency to Domestic Production

Turkey as a member of NATO and due to its geographic location has been allocated the highest funds from the budget to defense industry for many...

How Does Venture Capital Work?

  By HG.org
When starting up a business, one thing virtually every business owner runs into is a need for funding. There are a few ways one can acquire...

Whistleblower Comes Forward to Talk About Experience at SunFirst Bank

A whistleblower recently spoke at a conference in Las Vegas to discuss her experiences. She was the compliance officer at a bank where gambling...

Virtual Currencies - A Question of Trust

The pressing need for regulatory clarification on Bitcoin and other virtual currencies in Europe and beyond.

Is the Bitcoin Legal?

  By HG.org
Bitcoin is a form of electronic currency that functions without being backed by any governmental authority. Bitcoin is often called a...

What is a Ponzi Scheme

  By HG.org
After the recent economic downturn, the news was filled with stories about various Ponzi schemes. Bernie Madoff became notorious for defrauding...

How Legal Are Payday Loans?

  By HG.org
Over the last few years, establishments known for their payday loan services have popped up on seemingly every street corner. With promises of...

UCITS Report: Can a Leopard Change its Spots?

The European UCITS brand is a seal of quality recognized in financial centers the world over, spanning from Asia to the Americas. The widespread...

Banking Sector in Turkey and the Expectations for Basel III

The impressive growth of the Turkish economy during the course of the last decade has its parallel in the country's banking sector. As of June...

What to Do if You Suspect Securities Fraud

  By HG.org
After the recent financial problems of the first part of the 21st century, it is natural for investors to be wary of those who handle their...

AIFMD - MFSA Issued a Consultation Document on the Depositary Lite Regime - Malta

On the 27th June 2013 the MFSA launched the new Investment Services Rulebooks which effectively transposed the AIFMD into the MFSA’s Rules.

World Economic Forum Confirms Malta’s Placing as a Top-20 Financial Services Jurisdiction

The Global Competiveness Report 2013-2014, prepared by the World Economic Forum, has ranked Malta’s financial services sector amongst the top 20...

The Fallout of Arthur Andersen and Enron on the Legal Landscape of American Accounting

  By HG.org
It may have been a decade ago, but the fallout of the accounting scandals of the late 1990's and early 2000's continue to resonate through both...

Bond Subscribers Facing Substantial Losses – Germany

Windreich GmbH is said to be bankrupt. An application for self-administered insolvency has been filed at the Municipal Court of Esslingen. The...

Banks’ Duty of Confidentiality about Customer Secrets in Turkish Banking Law

Banks and banking transactions take an important place in finance. With regard to provide the protection of confidence and credibility, the...

Rule 506(C) Question and Answer

Private placement offerings under Rule 506 of Regulation D of the Securities Act of 1933, as amended (the “Securities Act”) are a cost effective...

State Shuts Down Crowdfunding Website SoMoLend in Ohio

Since the JOBS Act became law, numerous crowdfunding websites have popped up on the Internet. This month, the first enforcement action was...

Securities Laws and Investment Environment in Mauritius

The Securities Act in Mauritius has created a real kickoff in the investment environment.

And You Thought Your Legal Fees Were High...Banks' Legal Fees Top $103 Billion After Housing Bubble Burst

  By HG.org
If you have ever complained about your legal fees, or been reluctant to hire an attorney because you did not think you could afford it, just be...

New Opportunities for Sukuk in Turkey

The Arabic term for Islamic securities Sukuk , commonly refers to the Islamic equivalence of bonds. The Islamic ban on interest payments is the...

Insight into Turkey's Energy Market and New Energy Exchange EPIAS

Turkey proved its aspiration with the liberalization of electricity market for being an energy hub in the heart of Europe and Middle East...

Crowdfunding, Crowdinvesting, Kickstarter, and the JOBS Act

  By HG.org
In 2012, the US federal government passed a bill called the JOBS act. Among its provisions was one allowing for small investments in exchange...

Approved for Financing at the Dealer Then Denied a Few Days Later; What Happens Now

  By HG.org
It is a horrifying situation. You buy a car, motorcycle, or RV by financing it at the dealership. You sign the paperwork and drive it home with...

The Distinction between Rule 506(C) and Crowdfunding

The JOBS Act’s new rules permitting general solicitation and advertising in Rule 506 private placements will become effective on September 23,...

What is Money Laundering and Why is It Illegal

  By HG.org
A common topic on spy shows and mobster movies, money laundering may be an unclear concept for many. What is it? Is it illegal? If so, why? What...

The Opportunities Behind Angel Investments in Turkey

When Turkey first acquainted with franchising system, it was 1991. From that day to this, Turkey's economic perspective was entirely amended and...

Smooth Sailing for General Solicitation Under Rule 506(c)

Rule 506(c) fundamentally changes how private placements will be conducted, by allowing issuers to engage in general solicitation and...

Going Public Bootcamp

The going public process involves a number of steps that vary depending on the characteristics of the private company wishing to go public, and...

SEC Prevents Bogus Receiverships By Suspending Zombie Tickers

On June 24, 2013, the Securities and Exchange Commission (“SEC”) instituted administrative proceedings to revoke the registration of Green...

Mary Jane’s Last Dance l FINRA Issues Marijuana Scam Alert

Yesterday, FINRA sent a clear message to investors, “medical marijuana legal in almost 20 states, and recreational use of the drug recently...

ESMA’s Opinion on the Practical Arrangements for the Late Transposition of the AIFMD

ESMA - the European Securities and Markets Authority - published its opinion on arrangements for the late transposition of the AIFMD on 1st...

Payment Services New Rules for the Benefit of Consumers and Retailers - EU

In order to adapt the EU payments market to the opportunities of the single market and to support the growth of the EU economy, the European...

Asset Protection Strategies: Proactive, Prioritize, Get Informed

Asset Protection as a concept is fairly simple; you’ve worked hard and earned what you have, and you want to do everything that the law allows...

Going Public l OTCMarkets OTCQB

Many private companies seeking to go public are opting to list on the OTCMarkets OTCQB. The OTCMarkets Group operates an electronic inter-dealer...

DTC Chills: A Big Conspiracy or Just Fraud?

The Depository Trust Company (DTC) is the only stock depository in the United States. When DTC provides services as the depository for an...

Form 10 Registration Statements

Form 10 is a Registration Statement used to register a class of securities pursuant to Section 12(g) of the Securities Exchange Act of 1934...

Form 10 Shells l Reverse Mergers

Issuers seeking to raise capital often attempt to go public using a reverse merger with a public shell. Blank check companies that file Form 10...

The SEC Registration Process

The offer and sale of securities is regulated by the Securities Act of 1933, as amended (“1933 Act”). Section 5 of the 1933 Act requires any...

Going Public Options for Foreign Companies

Going Public Options for Foreign Companies

FIAU Annual Report 2012 - Malta

On the 15th July 2013, the Malta Financial Services Authority (MFSA) issued a Notice for the purpose of formally notifying all Financial...

Advantages of Using Cayman Islands Exempted Companies for Investment Purposes and Finance Transactions

The Cayman Islands exempted company is the corporate vehicle of choice among international investment fund managers and investors. The...

Initial Public Offerings 101

An Initial Public Offering (“IPO”) is often used by a private issuer seeking to go public as part of its going public transaction. An IPO...

OTCMarkets Disclosure Tiers

Companies who go public can list on national securities exchanges such as NASDAQ, the American Stock Exchange or the New York Stock Exchange....

The OTC Pink Tier

OTCMarkets Group operates the world’s largest electronic inter-dealer quotation system for broker-dealers to trade unlisted securities. The...

EC Proposal for New Investment Fund Framework - ELTIF

On the 28th June 2013, the Malta Financial Services Authority (MFSA) issued a Circular to the Financial Services Industry on the proposal by the...

MFSA Circular - Binary Options

On the 17th July 2013, the Malta Financial Services Authority (MFSA) issued a Circular to the financial services industry confirming its...

AIFMD Q&A - Malta

We are a custodian bank based outside the EU currently considering establishing a presence in Malta with a view towards servicing Malta-licensed...


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