Over the past few years, the potential to use distributed ledgers and blockchain technology has seen increasing interest from banks and other financial institutions. However, as companies move from research and development to initial deployment, two of the key questions are: what are the legal and regulatory implications, and what approach will regulators across the globe take to its use in the banking industry?
The Basel Committee on Banking Supervision recently issued a final set of Principles for Enhancing Corporate Governance in the banking sector. Since the adoption of the 2006 principles, there have been a number of corporate governance failures and lapses, many of which became apparent during the financial crisis that began in 2007; the revised principles are intended to deal with these issues.
The oversight body of the Basel Committee has endorsed the Basel 3 capital and liquidity reform package, announcing new levels for capital ratios. Despite generous transition arrangements, banks must consider the impact of the new quality of capital rules on their current capital base, as well as the increase in capital that certain assets, such as repos and derivatives, will require.
If a letter of credit dispute is dealt with properly, the negotiating banks or exporters may recover not only the letter of credit proceeds, but also late payment interest and their costs without resorting to legal proceedings. The success of such claims depends largely on an effective strategy, a good understanding of business dynamics and effective negotiation with the issuing banks.