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“By establishing sound, widely accepted market practice, the LMA seeks to promote the syndicated loan as one of the key debt products available to corporate borrowers across the region.”

Legal & Regulatory

At the LMA, we continue to lobby regulators and government bodies on behalf of our members in an effort to ensure that any new or revised regulation does not have an adverse impact on the syndicated loan market.  

Basel III and the related EU Capital Requirements Directive are likely to impact directly on loan documentation and the lending environment generally, and it is equally possible that legislation being introduced across the globe, particularly in the US, could have direct or indirect consequences for our local market.  

There are also likely to be significant changes in accounting principles that will have a material impact on the product, and at the LMA, we will be tracking these developments as they evolve. We will equally monitor other issues, such as changes in European insolvency legislation and tax regulations.

Jurisdiction clauses in LMA facility documentation

Further to our note on 26 September, 2012 regarding the French Supreme Court ruling on the validity of one-sided jurisdiction clauses, a further memorandum on this subject, and the possible implications for loan market documentation, has now been published on our website.

FATCA: final regulations issued

On 17 January, 2013, the United States Treasury Department and the Internal Revenue Service ("IRS") issued comprehensive final regulations implementing the information reporting and withholding tax provisions for foreign financial institutions ("FFIs") under the Foreign Account Tax Compliance Act ("FATCA").  These finalised regulations outline the step-by-step process for US account identification, reporting and withholding requirements.

LMA respond to Financial Stability Board Consultative document: Strengthening oversight and regulation of shadow banking

We have provided a response to the Board in respect to their Consultation on shadow banking. The Consultation has as its objectives, inter alia, to set out a policy framework to address shadow banking risks posed by non-bank financial entities other than money market funds, with a view to increasing the resilience of the financial system and to ensuring that all financial activities contribute to economic growth.  Click on the arrow to read a summary of our response.

LMA consults with European Commission to request inclusion of loans within UCITS framework

In consultation with a working party consisting of both bank and non-bank members, we have responded to a European Commission consultation to request that the list of eligible assets under Article 50 of the UCITS IV Directive be expanded to include certain types of loan.  We consider that loans are a safe, liquid, remunerative and transparent asset class, and as such, is appropriate for retail investment.