New derivatives rules push global banks to form subsidiaries

Structural issues

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The tension between establishing global regulatory standards to prevent a repeat of the events of 2008/2009 and protecting individual state interests has created a dilemma for international banks operating throughout Asia. Derivative market reform, new capital requirements and updated resolution regimes have led not only to a rethink around the legal entities banks use in individual territories but whether to exit some markets entirely.

Explicit in the derivative market legislation adopted in th

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