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    New EU Banking Legislation Reforms
    2016-11-24

    On 23rd November 2016, the European Commission released a package of banking legislation reforms. Some of these were expected in particular those related to the minimum requirement for eligible liabilities and own funds (MREL) under the Bank Recovery and Resolution Directive (BRRD) and the implementation of the Financial Stability Board's (FSB) total loss absorbing capacity (TLAC) principles into the MREL requirements.

    Filed under:
    European Union, Banking, Derivatives, Insolvency & Restructuring, Morrison & Foerster LLP, European Commission
    Authors:
    Peter J. Green , Jeremy C. Jennings-Mares
    Location:
    European Union
    Firm:
    Morrison & Foerster LLP
    “Financial” pledges of monies deposited in accounts after the opening of insolvency proceedings
    2016-11-24

    The Court of Justice of the European Union (CJEU) has just made a pronouncement on three of the most important matters open to interpretation concerning the regime applicable to financial collateral arrangements under Directive 47/2002 of the European Parliament and of the Council of 6 June 2002.

    Filed under:
    European Union, Latvia, Spain, Banking, Insolvency & Restructuring, Litigation, Gomez-Acebo & Pombo Abogados, Collateral (finance), European Parliament, Court of Justice of the European Union
    Authors:
    Ángel Carrasco Perera
    Location:
    European Union, Latvia, Spain
    Firm:
    Gomez-Acebo & Pombo Abogados
    Calendar Of Key Issues - An Interactive Guide To The Legal Milestones Ahead - October 2016
    2016-10-12

    For more information, please contact the relevant Herbert Smith Freehills partner referred to in the contact list or Simone Pearlman, head of legal knowledge on +44 (0) 20 7466 2021 or email simone. [email protected]. This is a guide to key legal developments in the coming months and years ahead (UK perspective).

    Filed under:
    European Union, United Kingdom, Arbitration & ADR, Banking, Capital Markets, Competition & Antitrust, Construction, Corporate Finance/M&A, Derivatives, Employee Benefits & Pensions, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, Intellectual Property, Internet & Social Media, IT & Data Protection, Media & Entertainment, Planning, Public, Real Estate, Securitization & Structured Finance, Tax, Telecoms, Trade & Customs, Herbert Smith Freehills LLP, Brexit, National Minimum Wage Act 1998 (UK)
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Resistance of a pledge over bank account to an insolvency procedure - latest judgment by the EUCJ
    2016-11-15

    The European Union Court of Justice states that pledges over bank accounts are not resistant to insolvency procedures if the account holder can dispose of the monies deposited in the account

    The European Union Court of Justice ("EUCJ") has issued a judgment dated 10 November 2016 in the Matter No C-156/15 (Private Equity Insurance Group ("SIA") v Swedbank AS) in response to a request for a preliminary ruling from the Supreme Court of Latvia, the country in which the bank Swedbank AS is based.

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Litigation, Ashurst, Court of Justice of the European Union
    Authors:
    Jose Christian Bertram
    Location:
    European Union
    Firm:
    Ashurst
    How Will Brexit Affect Debt Recovery in the UK?
    2016-08-16

    We are currently still in a lot of unknown territory; so how will our exit from the EU affect Debts here in the UK, in Europe and in other countries?

    Once the UK finalises the exit from the EU, any debts someone may have in the EU will fall into the category of similar non-EU debts in other countries, such as the United States. Whilst you can include those debts in a UK bankruptcy you are only afforded the protection from them in the UK. 

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, SE Solicitors, Brexit, Debt
    Location:
    European Union, United Kingdom
    Firm:
    SE Solicitors
    Bail-In and Contractual Recognition: The Impact on US and Other Non-EU Counterparties and the Potential Impact of Brexit
    2016-08-29

    Background

    Filed under:
    European Union, United Kingdom, USA, Banking, Derivatives, Insolvency & Restructuring, Katten Muchin Rosenman LLP
    Location:
    European Union, United Kingdom, USA
    Firm:
    Katten Muchin Rosenman LLP
    How the impending Brexit impacts the legal framework of doing business with the UK- the German perspective
    2016-09-20

    1

    Inhalt

    I. Brexit what does it involve and when could it happen?............................................................ 3

    II. Legal areas affected................................................................................................................... 5

    1. Choice of law clauses in existing legal relationships and the law applicable to non-contractual

    obligations........................................................................................................................... 5

    Filed under:
    European Union, Germany, United Kingdom, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Insolvency & Restructuring, Intellectual Property, IT & Data Protection, Litigation, Patents, Public, Heuking, Due diligence
    Location:
    European Union, Germany, United Kingdom
    Firm:
    Heuking
    European bank recovery and resolution
    2016-09-21

    Recovery and resolution scenarios are still of importance for European institutions. Banks perform functions which are critical for economic activity to take place. They collect funds (deposits and other forms of debt) from private persons and businesses, provide loans for households and businesses, allow savings to be allocated for investment and manage payment systems that are crucial for various sectors of the economy and society as a whole.

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Reed Smith LLP
    Authors:
    Dr. Simon G. Grieser , Dr. Anselm Reinertshofer
    Location:
    European Union
    Firm:
    Reed Smith LLP
    Getting the deal through: Brexit
    2016-07-26

    This article was first published in Getting the Deal Through - Ship Finance: Updates and Trends and is reproduced with permission.

    The terms of the UK’s withdrawal from the EU will inevitably dictate the extent to which Brexit impacts upon financial agreements. As this stage, it is important to consider the clauses which may have to be reviewed.

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, HFW, Brexit, Force majeure
    Authors:
    Tony Rice , Ian Hughes
    Location:
    European Union, United Kingdom
    Firm:
    HFW
    Association for Financial Markets in Europe Publishes Model Clauses for the Contractual Recognition of Bail-In under Article 55 of BRRD
    2016-08-08

    On August 1, 2016, the Association for Financial Markets in Europe (AFME) published model clauses for the contractual recognition of bail-in for the purpose of satisfying the requirements of Article 55 of the EU Bank Recovery and Resolution Directive (BRRD).

    Filed under:
    European Union, Banking, Company & Commercial, Insolvency & Restructuring, Orrick, Herrington & Sutcliffe LLP, Contractual term, Debt, Liability (financial accounting), Bailout, Competitiveness, Financial Stability Board, European Economic Area, Associated Press
    Location:
    European Union
    Firm:
    Orrick, Herrington & Sutcliffe LLP

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