After Lehman's and MF Global's insolvencies, many funds, corporations, and individual and institutional investors have tried to implement additional safeguards to protect against insolvency and other risks associated with their counterparties and financial institutions. Recent articles, including "How Safe are Institutional Assets in a Custody Bank's Insolvency?" by Edward Klees in The Business Lawyer, and "What Can You Do to Stay Clear of Custody Battles" in The Wall Street Journal, have highlighted potential issues with certain asset protection strategies commonly implemented to address these risks.
To provide our clients with the latest market intelligence and legal insights with respect to these potential issues, we are hosting our annual seminar on "Safeguarding Financial Assets" on May 2, 2013, which will focus on custodial and brokerage accounts and agreements.
Because of differences in applicable regulatory schemes and the interplay between state and federal law, we advise our clients to carefully assess regulations applicable to their counterparties and financial institutions and to analyze their account agreements to address certain legal issues when establishing asset protection protocols. The seminar will further these efforts by addressing:
? market practice and approaches to safekeeping and asset protection
? key points to consider when negotiating account agreements (including global custody agreements)
? the role and impact of sub-custodian relationships
? how the U.S. regulatory system protects assets held with financial institutions
? what we have learned about asset distributions from recent insolvencies
For more information, contact: Craig Unterberg at 212.659.4987 or craig.unterberg@haynesboone.com.
To provide our clients with the latest market intelligence and legal insights with respect to these potential issues, we are hosting our annual seminar on "Safeguarding Financial Assets" on May 2, 2013, which will focus on custodial and brokerage accounts and agreements.
Because of differences in applicable regulatory schemes and the interplay between state and federal law, we advise our clients to carefully assess regulations applicable to their counterparties and financial institutions and to analyze their account agreements to address certain legal issues when establishing asset protection protocols. The seminar will further these efforts by addressing:
? market practice and approaches to safekeeping and asset protection
? key points to consider when negotiating account agreements (including global custody agreements)
? the role and impact of sub-custodian relationships
? how the U.S. regulatory system protects assets held with financial institutions
? what we have learned about asset distributions from recent insolvencies
For more information, contact: Craig Unterberg at 212.659.4987 or craig.unterberg@haynesboone.com.