Euromoney Legal Training

Course overview

How will the Dodd- Frank Act affect our business? In what ways, should we comply and take advantage of the myriad of regulations which are going to impact our strategy, operations and compliance functions? The
purpose of this training course 'Dodd-Frank Act for Non-US Banks' is to explain the major portions of the Dodd-Frank Act in layman’s language and especially areas which necessitate compliance, and considerations for strategy and operations.

Banks and non-bank financial companies looking to do or are currently doing business in the US are operating under the shadow of the Dodd-Frank Act. For example, almost all major businesses headquartered outside the US are likely to have financial subsidiaries in the US trading US dollar receipts for their own domestic currency. Such companies may come under scrutiny under the Dodd-Frank Act.

Summary of course content

• Summary of major titles of the Act
• Purpose and Significance of Dodd-Frank to foreign corporations
• Whistleblower incentives and protection measures
• Prudential and risk management policy and procedures
• Linkage to Basel II/III
• OTC financial instruments – transparency and accountability prohibitions

Methodology

As with all Euromoney Training courses, this programme uses case studies and practical exercises to ensure that you leave the course, ready to apply your new knowledge.

Who should attend this training course?

The target audience includes non-US banks and foreign companies which trade with US banks or corporations, and specifically:

• Executives in charge of strategy or operations
• Personnel involved in legal, compliance, internal or external audit
• Corporate finance professionals, including, financial consultants
• Middle office personnel engaged with OTC derivatives
• Back office personnel responsible for settlements or clearing
• Broker-dealers and their compliance teams

Supporting publication

Day 1

Purpose, scope and significance of Dodd- Frank to foreign corporations

Session 1

• Introduction to the Dodd-Frank Act
• History and purpose of achieving financial stability
• Summary of major titles of the Act

Session 2

• Does foreign bank qualify for treatment under Dodd-Frank?
• Applicability of Dodd-Frank to foreign bank and foreign non-bank financial company

Session 3

• Orderly liquidation authority – bad bank good bank solution
• Why non-US financial corporations should be afraid of Dodd-Frank

Session 4

• Whistleblower incentives and protection
• Why non-US financial corporations may need to re-wire their corporate governance structures

Day 2

Prudential and risk management policy and procedures

Session 5

• Prudential standards for non-us banks and nonbank financial companies
• Risk-based capital requirements
• Linkage to Basel II and Basel III requirements

Session 6

• Risk management requirements – policies and procedures
• Specific requirements for foreign banks and nonbank financial companies
• Liquidity requirements
• Leverage ratios
• Resolution plan and credit exposure reporting requirements

Session 7

• Concentration limits
• Contingent capital requirements
• Enhanced public disclosures
• Short-term debt limits

Session 8

• Exemptions and exceptions to application of Dodd- Frank Act
• Safe Habor Provision: Sec 170
• Access to US markets: Sec 173
• Foreign bank intermediary holding company capital requirements: Sec 174(b)

Day 3

OTC financial instruments – transparency and accountability prohibitions

Session 9

• Regulation of over-the-counter swaps and derivatives
• Abusive Swaps - Sec 714
• Authority to prohibit foreign bank activities – swaps: Sec 715

Session 10

• Regulation of swap markets
• Jurisdiction and clearing
• Segregation and bankruptcy treatment
• Avoiding conflicts of interest
• Margin and position limits

Session 11

• Reporting and recordkeeping
• Swap execution facilities
• Legal certainty of swaps
• Enforcement
• Restitution remedies

Session 12

• Multilateral clearing organisations
• Insider trading
• Antidisruptive practices authority
• Commodity whistleblower incentives and protection

Summary and close

• Joseph Tanega

  Joseph Tanega is a US qualified lawyer, and former Deputy  Attorney General of the State of Hawaii. He acquired investment banking experience at Nomura Securities and Kleinwort Benson Securities, London, and was director of business risk consulting at Ernst & Young, in charge of capital markets and financial institutions, London. Currently, he is a Reader of International Financial Law at the University of Westminster School of Law, and is Professor of Regulation and Supervision of Retail Banking, University of Bologna, Alma Graduate School.
  
  Joe is Course Director of the LLM Corporate Finance Law and the LLM International Banking Law, at the University of Westminster, School of Law, and is the author of 14 books and 22 articles in law, risk management and finance. He has provided a wide range of legal and financial consulting services and training to corporations and government institutions in sixteen countries, including as senior legal consultant to the IFC, World Bank, 2008-09.

Interested in holding this course in-house? Please fill out your details and a member of our team will be in touch with more information.