The British Bankers’ Association has released the following statement on bank restructuring:
On 14 October 2009 the Government announced a major change to the way in which company buy-backs of debt will be taxed. The change may be relevant to any corporate debt buy-back where debt is being purchased at less than face value, including the exercise of a post-enforcement call option in a securitisation.
The global financial crisis has resulted in many loans trading at below par value. This presents borrowers with an opportunity to purchase their own debt and, therefore, extinguish the debt at a reduced cost.
The Office of Public Sector Information (OPSI) has published The Insolvency (Scotland) Amendment (No. 2) Rules 2009. These Rules amend the Insolvency (Scotland) Rules 1986 (S.I. 1986/1915). No Regulatory Impact Assessment has been prepared in relation to these Rules as they are not expected to impose any significant burdens on business.
View The Insolvency (Scotland) Amendment (No. 2) Rules 2009, 1 September 2009
The Treasury has published the Financial Markets and Insolvency (Settlement Finality) (Amendment) Regulations 2009, which will come into force on 1 October 2009. They will amend the Financial Markets and Insolvency (Settlement Finality) Regulations 1999, following changes in insolvency law.
The FSA has published a statement entitled Wider implications referral: Lehman-backed structured products.
In the statement the FSA together with the Financial Ombudsman Service have jointly concluded that the Lehman Brothers’ insolvency raises issues in the UK structured products market.
It has been agreed that the FSA will now consider issues relating to Lehman-backed structured products under “the wider implications process” in order to allow it to explore all options to achieve the best outcome for consumers.
On 23 March 2009, the Committee of European Securities Regulators (CESR) published a report on the market impact of the Lehman Brothers default. The report began with a brief discussion of the causes of the bankruptcy of Lehman Brothers Holdings Inc. It then set out some of the regulatory and industry responses to the challenges in the securities field including:
In May 2009, the Treasury published a discussion paper entitled Developing effective resolution arrangements for investment banks. In this discussion paper the Treasury set out its initial thinking on the steps necessary to improve the regime around the failure of investment firms.
The Office of Public Sector Information (OPSI) has published The Insolvency (Scotland) Amendment (No. 2) Rules 2009. These Rules amend the Insolvency (Scotland) Rules 1986 (S.I. 1986/1915). No Regulatory Impact Assessment has been prepared in relation to these Rules as they are not expected to impose any significant burdens on business.
View The Insolvency (Scotland) Amendment (No. 2) Rules 2009, 1 September 2009
The Treasury has published the Financial Markets and Insolvency (Settlement Finality) (Amendment) Regulations 2009, which will come into force on 1 October 2009. They will amend the Financial Markets and Insolvency (Settlement Finality) Regulations 1999, following changes in insolvency law.
The FSA has published a statement entitled Wider implications referral: Lehman-backed structured products.
In the statement the FSA together with the Financial Ombudsman Service have jointly concluded that the Lehman Brothers’ insolvency raises issues in the UK structured products market.
It has been agreed that the FSA will now consider issues relating to Lehman-backed structured products under “the wider implications process” in order to allow it to explore all options to achieve the best outcome for consumers.