Providing Financial Services to the European
Clients:
For banks and financial organizations of non- EEA countries
Directives and Regulations of the European Union with
Extraterritorial Application that affect banks and financial
organizations of countries outside the European Economic Area
(EEA)
The European Economic Area (EEA)
- 30 countries, half billion people.
The European
Economic Area consists of the 27 member states of the European
Union (EU) and three member states of European Free Trade
Association (EFTA) - Iceland, Norway and Liechtenstein.
The 30
countries (27 of the EU plus
Iceland,
Norway and Liechtenstein) are:
Austria
Belgium
Bulgaria
Cyprus
Czech
Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Italy
Liechtenstein
Latvia
Lithuania
Luxembourg
Malta
Netherlands
Norway
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
United
Kingdom
Course Title
Providing Financial Services to the European Clients:
For banks and financial organizations of
non- EEA countries
3 days
Directives and Regulations of the European Union with
Extraterritorial Application that affect banks and financial
organizations of countries outside the
European Economic Area (EEA)
Objectives,
Target Audience:
The
course covers directives and regulations of the European Union
with important extraterritorial application. It is highly
recommended for all managers and professionals from countries
outside the European Economic Area (EEA) who
provide, or want to provide, financial
services to the half billion of citizens of the 30 countries of
the European Economic Area (EEA).
The course has been designed to provide with the knowledge and
skills needed to understand the European Union’s directives and
regulations that give opportunities for
regulatory arbitrage and
competitive advantage to banks, financial organizations,
hedge funds, collective investment firms and SIVs of countries
outside the European Economic Area.
Duration:
3 Days,
09:00 to 17:00.
Course Synopsis:
-
Introduction
-
Understanding the directives and the regulations of the
European Union that affect the
countries outside the European Economic
Area (EEA)
-
The
European Union’s Financial Services Action Plan (FSAP)
-
The
most important directives
-
The
Lamfalussy process
-
What is
new, what is different for banks and financial organizations
outside the European Economic Area
-
The
Markets in Financial Instruments Directive (MiFID)
-
From
the Investment Services Directive (ISD) to MiFID: What is
different now
-
From
the “know your customer” requirements to the new client
classification, suitability and appropriateness
-
Conduct
of Business (COB) obligations
-
The
Regulation for National Market System (Reg NMS) in the United
States and the MiFID in EU – a flat world?
-
MiFID
and options, futures, swaps, forward rate agreements, and
other derivative contracts
-
Extraterritorial Application of MiFID
-
Challenges and opportunities for countries outside the
European Economic Area
-
MiFID
and investment products authorized under different regimes
-
Hedge
Funds in the European Economic Area (EEA) after MiFID
-
New
challenges for Hedge Fund managers
-
MiFID
and competitive advantage - Recommendations for banks and
financial organizations of the Offshore Financial Centers
-
Undertakings for Collective Investment in Transferable
Securities Directive (UCITS III)
-
UCITS
III and funds sold across the EU member states
-
Funds
designed for pan-European distribution to retail investors
-
A
passport to operate and market freely within the EEA that is
easier to obtain (and cheaper)
-
Establishing a fund in one EEA member state like Ireland or
Luxembourg
-
Permitted Activities of Management Companies
-
EU
Passport for Management Companies
-
Tax
implications of UCITS III
-
Expanded permissible asset classes and broader scope of
investment possibilities
-
Although not directly applicable outside the EEA,
jurisdictions (like Switzerland and Hong Kong) recognize UCITS
– the reasons
-
Funds
of Funds
-
Opportunities and Challenges
-
The 8th
Company Law Directive
-
The
European Union’s Sarbanes-Oxley Act (E-SOX)
-
Non-European companies listed in any country of the EEA have
to comply with the 8th company law directive
-
Which are the extremely important extraterritorial
consequences
-
How and why several Offshore Financial Centers enact
legislation to prove that they have an “equivalent level of
regulation”
-
Auditors that audit offshore companies with EU
listings
-
The
Offshore
Financial
Centers and the importance of Articles 45 and 46
-
The role of the board of directors and executive
management
-
From the US Public Company Accounting Oversight Board
(PCAOB) to the European Group of Auditors’ Oversight Bodies (EGAOB)
-
Similarities and differences with the US Sarbanes-Oxley Act
-
The Market Abuse Directive
-
The Transparency Directive
-
The Financial Conglomerates Directive
-
The
“supplementary” supervision of credit institutions, insurance
undertakings and investment firms in a financial conglomerate
-
The
supervision of financial conglomerates and financial groups
involved in cross-sectoral activities
-
The
“coordinating supervisor” or how to avoid a new BCCI
-
Risk
concentration
-
Intra-group transactions
-
Firms
that are headquartered outside the EU, and are operating in EU
markets
-
The
Joint Forum on Financial Conglomerates
-
What is
important for the Offshore Financial Centers
-
Exchange of information with the EEA
-
Tomorrow
-
New
directives and regulations – what is developing
-
Indirect and direct regulation of Hedge Funds
-
Know
your customer – next step
-
Solvency II is for insurance firms what the Basel ii and the
Capital Requirements Directive is for banks
-
Insurers holding capital according to new rules
-
Replacing many existing Insurance Directives (like the Life,
Non-life, Reinsurance, Insurance Groups and Winding-up
Directives)
-
The
Internal market for financial services in the European Union:
The banking, the securities and the insurance sectors in EU –
what is next
Cost - Fixed fee
Fixed
fees, fixed terms. You know the exact final cost. Everything
is included in this price (expenses, flights, tax etc.)
Example:
Fees for George
Lekatis, General Manager and Chief Compliance Consultant of
Compliance LLC, for presentations in Europe:
US$ 13,800 for 3 days (and US$ 2,000 for each additional day) - final
cost.
Everything is included in this price (expenses, flights, tax
etc.)
For other
trainers the fee may be different
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