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Financial Institutions - Operational Risk Management Mitigation

Regulators worldwide are assessing the capital adequacy of banks and financial institutions. At present, a financial institution’s operational risk capital adequacy (as distinct from its credit risk and market risk capital adequacy) can be reduced or mitigated by insurance. Global regulatory authorities recognize insurance as an acceptable platform for reducing the institution’s operational risk burden. Operational risk is defined as a financial institution’s adverse-capital loss “as a result of inadequate or failed processes, people and systems or from external events.”


UK Financial Regulators Impose Personal Accountability on Senior Management

The regulatory framework for financial institutions in the U.K. continues to evolve in the post-crisis economic environment.  UK regulators are placing increased personal accountability on leadership within the regulated financial services sector.  The Financial Services & Markets Act (FSMA) was amended by the Financial Services (Banking Reform) Act 2013 to include a new Senior Managers Regime, which came into effect on 7th March 2016.


Private Equity Firms Benefit With Reps & Warranties Cover

Global mega-deals captured public market attention in 2015, and mergers and acquisitions activity within the private equity sector has continued to progress at a healthy pace throughout 2016. The attributes of today’s transaction environment are the same that drive private capital investment: low interest rates, strong cash reserves, motivated sellers and distressed targets.


Value of Tax Liability Insurance for Complex Transactions

The complexity of tax legislation creates uncertainty for taxpayers. Legislation and accompanying guidance can often lack clarity when applied to complex transactions, while some matters may depend on the vagaries of judicial (or tax authority) interpretation. With tax compliance firmly in the spotlight, taxpayers seeking certainty can utilize tax liability insurance as a useful tool to help reduce exposure to a specific, identified tax risk.