Mr. Akihiro Wani, Senior Counselor
Ito & Mitomi / Morrison & Foerster LLP
In February 2016, the Bank of Japan introduced QQE with a negative interest rate. This has had a number of legal implications which are currently being discussed by the Financial Law Board, which is an independent body advising the Bank of Japan.
Mr. Akihiro Wani, from Ito & Mitomi / Morrison & Foerster LLP and a member of the Financial Law Board, will address some of the key legal implications of negative interest rates in Japan and its operational effects on financial firms including:
· The mechanism of NIR in the Japanese banking system (effective from February 16, 2016).
· What is “interest” ?
· The treatment of NIR in a “freedom to contract“ jurisdiction.
· How to interpret contracts in which there is no explicit provision regarding NIR. Is it an implied agreement of the parties?
· A zero floor approach or non-zero floor approach.
· The impact on different transactions: loans, bonds, derivatives and structured products.
· The Financial Law Board’s paper of February 19, 2016.
· FSA’s no-action letter of April 22, 2016.