-
1.
Other than transactions between dealers, what are the most typical types of over-the-counter (OTC) equity derivatives transactions and what are the common uses of these transactions?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
2.
May market participants borrow shares and sell them short in the local market? If so, what rules govern short selling?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
3.
Describe the primary laws and regulations surrounding OTC equity derivatives transactions between dealers. What regulatory authorities are primarily responsible for administering those rules?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
4.
In addition to dealers, what types of entities may enter into OTC equity derivatives transactions?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
5.
Describe the primary laws and regulations surrounding OTC equity derivatives transactions between a dealer and an eligible counterparty that is not the issuer of the underlying shares or an affiliate of the issuer? What regulatory authorities are primarily responsible for administering those rules?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
6.
Do securities registration issues arise if the issuer of the underlying shares or an affiliate of the issuer sells the issuer’s shares via an OTC equity derivative?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
7.
May issuers repurchase their shares directly or via a derivative?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
8.
What types of risks do dealers face in the event of a bankruptcy or insolvency of the counterparty? Do any special bankruptcy or insolvency rules apply if the counterparty is the issuer or an affiliate of the issuer?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
9.
What types of reporting obligations does an issuer or a shareholder face when entering into an OTC equity derivatives transaction on the issuer’s shares?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
10.
Are counterparties restricted from entering into OTC equity derivatives transactions during certain periods? What other rules apply to OTC equity derivatives transactions that address insider trading?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
11.
What additional legal issues arise if a counterparty to an OTC equity derivatives transaction is the issuer of the underlying shares or an affiliate of the issuer?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
12.
What types of taxation issues arise in issuer OTC equity derivatives transactions and third-party OTC equity derivatives transactions?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
13.
Describe the liability regime related to OTC equity derivatives transactions. What transaction participants are subject to liability?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
14.
What stock exchange filings must be made in connection with OTC equity derivatives transactions?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
15.
What types of documents are typical in an OTC equity derivatives transaction?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
16.
For what types of OTC equity derivatives transactions are legal opinions typically given?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
17.
May an issuer lend its shares or enter into a repurchase transaction with respect to its shares to support hedging activities by third parties in the issuer’s shares?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
18.
What securities registration or other issues arise if a borrower pledges restricted or controlling shareholdings to secure a margin loan or a collar loan?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
19.
If a borrower in a margin loan files for bankruptcy protection, can the lender seize and sell the pledged shares without interference from the bankruptcy court or any other creditors of the borrower? If not, what techniques are used to reduce the lender’s risk that the borrower will file for bankruptcy or to prevent the bankruptcy court from staying enforcement of the lender’s remedies?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
20.
What is the structure of the market for listed equity options?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
21.
Describe the rules governing the trading of listed equity options.
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
22.
What categories of equity derivatives transactions must be centrally cleared and what rules govern clearing?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
23.
What categories of equity derivatives must be exchange-traded and what rules govern trading?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
24.
Describe common collateral arrangements for listed, cleared and uncleared equity derivatives transactions.
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
25.
Must counterparties exchange collateral for some categories of equity derivatives transactions?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
26.
What is the territorial scope of the laws and regulations governing listed, cleared and uncleared equity derivatives transactions?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
27.
What registration or authorisation requirements apply to market participants that deal or invest in equity derivatives, and what are the implications of registration?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
28.
What reporting requirements apply to market participants that deal or invest in equity derivatives?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
29.
What legal issues arise in the design and issuance of structured products linked to an unaffiliated third party’s shares or to a basket or index of third-party shares? What additional disclosure and other legal issues arise if the structured product is linked to a proprietary index?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
30.
Describe the liability regime related to the issuance of structured products.
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
31.
What registration, disclosure, tax and other legal issues arise when an issuer sells a security that is convertible for shares of the same issuer?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
32.
What registration, disclosure, tax and other legal issues arise when an issuer sells a security that is exchangeable for shares of a third party? Does it matter whether the third party is an affiliate of the issuer?
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us. -
Updates and trends
To read more
sign up for access
or
login here.
In house counsel join for free. Individual practitioners and lawyers may register for a free trial. For information on firmwide subscriptions please contact us.
or take a tour
-
Australia
-
China
-
Germany
-
Hong Kong
-
Japan
-
Mexico
-
Norway
-
Spain
-
Switzerland
-
United Kingdom
-
United States
Jurisdictions
Australia
China
Germany
Hong Kong
Japan
Mexico
Norway
Spain
Switzerland
United StatesFollow Getting the Deal Through for the latest updates on law and regulation worldwide
Follow us on LinkedInGTDT: Market Intelligence provides a unique perspective on evolving legal and regulatory landscapes in major jurisdictions around the world. Through engaging, easily comparable interviews, the series provides the legal profession's thought leaders with a platform for sharing their views on current market conditions and developments in the law.
Market Intelligence offers readers a highly accessible take on the crucial issues of the day and an opportunity to discover more about the people behind the most interesting cases and deals.
View profile
Ranked as a Top 10 Global Law Firm, CMS is based in 40+ countries and 70+ offices worldwide. 4,800 CMS lawyers offer business-focused advice tailored to our client’s needs, whether in their local market or across multiple jurisdictions.
View more information about CMS
London
78 Cannon StreetEC4N 6AF
London
United Kingdom T: +44 20 73 67 3000
F: +44 20 73 67 2000
Testimonials
We have received instruction from foreign counsel recently who found us through the publication
The comprehensive range of guides produced by GTDT provides practitioners with an extremely useful resource when seeking an overview of key areas of law and policy in practice areas or jurisdictions which they may otherwise be unfamiliar with.
My experience with GTDT Online so far has been wonderful. It is so useful when dealing with multijurisdictional legal matters. Two thumbs up for such a great tool and my congratulations to all of you for making my life easier.
Such a database is a fantastic tool to get access to the "basics" of many legal areas, almost everywhere. I do believe that GTDT has a real future and, according to me, it's one of the best legal database I've ever had access to in these last 10 years.
Briefing Signup
Sent approximately once a month, the free GTDT Briefing service alerts you of the latest titles to be published on GTDT Online.
Sign up to be notified of new content
SubscribeFollow Getting the Deal Through for the latest updates on law and regulation worldwide
Follow us on LinkedIn