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Japan: Proposed Regulatory Regimes for Foreign Investment Managers and Deregulation of Foreign Corporate Client Information Handling

On 23 December 2020 the Market System Working Group (the “MSWG”) under the Financial System Council (kinyu shingikai), an advisory group to the Commissioner of the Financial Services Agency of Japan, released their first report concerning establishment of an international financial center in Japan (the “First Report”).  The First Report argues for new foreign investment manager regulatory regimes as well as deregulation of foreign corporate client information firewalls between banks and brokers/dealers.  This newsletter provides a summary of the First Report, as it is likely that discussion items therein will lead to amendments to the Financial Instruments and Exchange Act (the “FIEA”) and other related laws and regulations....To read the full article, please see the PDF file

*This article is also available in Japanese.

It is also available in PDF.
Finance Law Newsletter (January 21, 2021) (892 KB / 4 pages) Download PDF [893 KB]

Authors

有吉 尚哉

His extensive experience includes securitization transactions regarding a wide variety of receivables and other asset classes as a legal counsel for originators, arrangers, and trustees, and he has worked on structured finance transactions involving various schemes, including those achieved for the first time ever in Japan. He has a great deal of experience engaging in the development of new trust products and complicated trust schemes. As he has worked at the Corporate Accounting and Disclosure Division, the Planning and Coordination Bureau, the Financial Services Agency of Japan, and also has experience engaging in the planning of the financial regulations there, he has provided advice to many financial institutions, including banks, trust banks, securities firms, insurance companies, and nonbanks, as well as business companies and start-ups which enter the financial businesses. He also has a great deal of experience advising companies with respect to the application of the financial regulations on novel transactions or products, including FinTech areas. He has a wealth of experience participating as a member of various study groups and working groups, including government and academia conferences, and has frequently written and spoken on a wide range of topics involving legal systems and finance practice; thus, he is recognized as an opinion leader in the field of finance law.

山本 俊之

Since 2009, as an attorney in the firm’s finance team, Toshiyuki has been handling various financial transactions and financial regulatory/compliance matters, with a focus on asset management and derivatives, his main practice areas. He advises both domestic and foreign asset managers, financial institutions, and corporates on financial regulation matters in the asset management and derivatives spaces, as well as on contract drafting, regulatory analyses, and development of internal controls for new product launches. Further, he has been involved in numerous cross-border finance transactions and investment transactions by fund operators. Recently, his practical experience expanded to the FinTech space, such as digital securities, and he has been publishing articles and giving presentations on artificial intelligence/machine learning in relation to finance industries. In addition to finance matters, he has extensive experience in handling regulatory defense matters and foreign class actions in cooperation with foreign law firms. Prior to being registered as an attorney-at-law in 2009 and joining the firm, he worked at a Japanese credit rating agency and the Tokyo arm of a U.S. investment bank as a credit analyst in the securitization space. He is a Certified Member Analyst of the Securities Analysts Association of Japan and a Certified International Investment Analyst.