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    Bail-In, or Just Bailing?
    2016-04-25

    You know, there’s never a dull moment when one reports on the regulatory states’ endless and so often fruitless and wrong-headed tinkering with the global economy. So now… let’s talk bail-in.

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Dechert LLP, Bailout, Line of credit, European Economic Area
    Authors:
    Richard D. Jones , Kenneth D. Hackman
    Location:
    European Union
    Firm:
    Dechert LLP
    Law on debt discharge to enter into force on 13 may 2016
    2016-05-10

    After controversial debates, Law no. 77/2016 on discharge of mortgage- backed debts through transfer of title over immovable property (the "Law on Debt Discharge") was finally published in the Official Gazette on 28 April 2016 and will enter into force on 13 May 2016.

    Filed under:
    European Union, Romania, Banking, Insolvency & Restructuring, Real Estate, Wolf Theiss, Debtor, Debt, Mortgage-backed security
    Authors:
    Claudia Chiper
    Location:
    European Union, Romania
    Firm:
    Wolf Theiss
    Navigating Regulatory Compliance Investment Management Monthly Regulatory Update - March 2016
    2016-03-08

    lon_lib1\13867381\1 boothmi Navigating Regulatory Compliance Investment Management Monthly Regulatory Update March 2016 Navigating Regulatory Compliance Monthly Regulatory Update – March 2016 1. Introduction 1.1 It is our pleasure to welcome you to our first Monthly Regulatory Update for investment managers. We understand that compliance and business teams have day jobs and therefore this regulatory update provides commentary on those items which we think are important. 1.2 The Appendix lists each of the relevant announcements by the FCA, ESMA, European Parliament and other bodies.

    Filed under:
    European Union, Banking, Capital Markets, Insolvency & Restructuring, Eversheds Sutherland (International) LLP, Regulatory compliance, Investment management, Financial Conduct Authority (UK), European Commission, Undertakings for Collective Investment in Transferable Securities Directive (2009/65/EC)
    Location:
    European Union
    Firm:
    Eversheds Sutherland (International) LLP
    UK Corporate Restructuring After Brexit: an uncertain future
    2016-03-14

    Introduction

    A referendum on whether the UK should leave or remain within the EU will take place on 23 June 2016. This briefing considers what the legal consequences of a vote to leave the EU (Brexit) might be for the UK restructuring and insolvency market. Its purpose is not to influence readers towards either the “Leave” or “Remain” camp; rather, it is intended to illustrate the legal changes that Brexit would cause and to consider how the UK might respond to those changes.

    Filed under:
    European Union, Global, OECD, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Eversheds Sutherland (International) LLP, Brexit
    Authors:
    Jamie Leader
    Location:
    European Union, Global, OECD, United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    Court of Appeal case - of interest to Security Trustees
    2016-03-14

    Including an unsecured creditor  in an agreed payments waterfall does not by itself confer on that unsecured creditor  the benefit of a mortgagee’s usual duties on enforcement of security, or a direct claim against the sale proceeds.

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Unsecured creditor, Court of Appeal of England & Wales
    Authors:
    Ed Marlow
    Location:
    European Union, United Kingdom
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    German banking market - on the move
    2016-03-22

    Executive Summary The German banking market is on the move. This presents opportunities for foreign investors who would like to enter the German financial market. However, in order to acquire an interest in a German financial institution, i.e. credit or financial services institution, an investor has to comply with a couple of specific regulatory requirements.

    Filed under:
    European Union, Germany, Banking, Capital Markets, Insolvency & Restructuring, Reed Smith LLP
    Authors:
    Dr. Simon G. Grieser , Constantin F. Conrads
    Location:
    European Union, Germany
    Firm:
    Reed Smith LLP
    Partial Payment of VAT Debt in Case of Arrangement with Creditors
    2016-03-23

    In case of arrangement with creditors under Article 160 of the Bankruptcy Law, Article 182-ter, introduced by Article 146 of D.Lgs. n. 5/2006, expressly states that taxpayers can propose a partial payment of income taxes, but not of VAT and withholding taxes, for which the payment can be only deferred.

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Litigation, Tax, Paul Hastings LLP, Value added tax, Debt
    Authors:
    Bernadette Accili
    Location:
    European Union
    Firm:
    Paul Hastings LLP
    The Great Brexit Debate
    2016-04-01

    The Great Brexit Debate dentons.com Introduction The UK is now counting down to the 23 June 2016 referendum on whether to stay in or leave the European Union. Dentons summarises the background to this momentous choice, and takes a deeper look at some of the legal issues involved in some key areas that would be impacted by a vote to leave the EU.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Competition & Antitrust, Construction, Corporate Finance/M&A, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Human Rights, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Projects & Procurement, Public, Real Estate, Tax, Trade & Customs, Dentons
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    Bail out the sea of paper in your in-box - understanding Article 55 bail-in clauses
    2016-01-26

    From 1 January 2016, European Economic Area (EEA) member states are required to implement Article 55 of the European Union Bank Recovery and Resolution Directive (2014/59) (BRRD).

    Filed under:
    European Union, Banking, Derivatives, Insolvency & Restructuring, Reed Smith LLP, Bail, Bailout, European Economic Area
    Authors:
    Claude Brown , Elizabeth A. McGovern , Colin Cochrane
    Location:
    European Union
    Firm:
    Reed Smith LLP
    Bank Resolutions - Trust the Regulators, but Keep Your Powder Dry
    2016-02-17

    In times of financial turbulence, politicians, regulators and the media make the case for tighter controls of the markets.  However, with new regulatory powers coming in and the resulting extra layer of complexity that their application brings, investors have their reasons not to put their trust in regulators.  As seen with recent developments in Portugal and Italy, a number of competing motivations surround the rescue of financial institutions.  The old maxim – “Put your trust in God, but keep your powder dry” -  may be applied to describe investor sentiment in an envir

    Filed under:
    European Union, Portugal, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, Cadwalader Wickersham & Taft LLP
    Authors:
    Assia Damianova , Nick Shiren
    Location:
    European Union, Portugal
    Firm:
    Cadwalader Wickersham & Taft LLP

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