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ECB Publishes Draft US-Style Guidance On Leveraged Transactions

On 23 November 2016, the European Central Bank (“ECB”) published for consultation draft guidelines on leveraged transactions (“Draft Guidance”), similar to the US Guidance on Leveraged Lending issued by the US federal bank...more

Non-Performing Loans and Securitisation in Europe

Considerable attention has centered in the recent past on the issue of non-performing loans (NPLs) in the European banking system. The focus has been less on securitisation as a viable alternative resolution model and more on...more

Capital Markets Union - Part 3: Proposed Elements of a New EU Covered Bond Framework

An EU-wide dedicated legislative framework for covered bonds is one of the options currently being considered as part of the European Commission’s consultation on covered bonds. This option, according to the Commission’s...more

Capital Markets Union - Part 2: Two Options for a Pan-European Covered Bond Framework

As part of the European Commission’s plan to build a Capital Markets Union (CMU), the Commission has launched a consultation on the possibility of establishing a pan-European covered bond framework. Two policy options for...more

The Action Plan for a Capital Markets Union – Part 1: Aims, Priorities and Measures

On 30 September 2015, the European Commission adopted an action plan to achieve a European single market for capital for the 28 Member States (the Action Plan). On the same date, the Commission also launched some of the...more

The Draft EU Securitisation Regulation of 30 September 2015

The new draft regulation ‘laying down common rules on securitisation and creating a European framework for simple, transparent and standardised securitisation’ (the “STSR”) proposes new rules relating to...more

European Banking Authority Shadow Banking Guidelines – Part 4: The Impact of the Guidelines

In the fourth and last of our updates in the current series on the European Banking Authority’s (EBA) draft Guidelines on limits on exposures of EU regulated banks to shadow banking (the Guidelines), we examine how the...more

European Banking Authority Shadow Banking Guidelines – Part 3: The Rationale and Context Behind the Guidelines

In the third of our series of updates on the European Banking Authority (EBA) consultation paper on the draft EBA Guidelines on limits to the exposures that EU regulated banks should have to shadow banks (the Guidelines), we...more

European Banking Authority Shadow Banking Guidelines – Part 2: What is a Shadow Banking Entity?

In the second of our series of updates on the guidelines proposed by the European Banking Authority (EBA) to minimise the risks that can transmit from the shadow banking sector to the regulated banking system (the...more

Shadow Banking Guidelines – Part 1: An Overview

Shadow banking has been a subject of great interest to financial regulators and policy makers since the global financial crisis. A topic of particular focus has been the interconnectedness between the world of unregulated...more

New Year, New Potential for UK and European Private Placements

Week two of the New Year marked a significant step in the development of the European Private Placement Market: The Loan Market Association (LMA) launched template documents for use in European private placement transactions....more

Reform of the Audit Market in the EU – Implications For Borrowers and Loan Documentation

A legislative package for the reform of the audit market in the EU has this month been approved by the EU Parliament and adopted by the Council of the European Union. Listed companies will need to change the firms that audit...more

4/29/2014  /  Audits , Deloitte , Ernst & Young , EU , KPMG , New Regulations

Landlords Welcome Landmark Decision In Re Game Station

LONDON - The Court of Appeal in the case of Re Game Station has held that rent payable by a tenant that enters administration is a priority expense of the administration while the leasehold premises are being used for the...more

2/26/2014  /  Apportionment , Rent , UK

The Disclosure Duties Owed by Banks as Agents to Lenders

The Chancery Division recently handed down its judgment on a hedge fund law suit brought against an agent bank for failing to disclose certain information regarding the borrower’s declining financial health and the occurrence...more

Supreme Court Rules Against Super Priority Status of Pension Regulator’s Claims in Insolvency

The Supreme Court has boosted the rescue culture by ruling that Financial Support Directions (FSDs) issued by the UK Pensions Regulator after commencement of insolvency proceedings are not an expense of the administration...more

7/30/2013  /  Insolvency , Lehman Brothers , Nortel , Pensions , UK

Privy Council Rules on the Court’s Equitable Jurisdiction to Set the Financial Terms of Relief against Appropriation

Last week the Board of the Privy Council delivered a critical sequel to its previous judgments in connection with the Cukurova Group’s attempt to recover shares following an appropriation. The Board held that not only can the...more

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