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    Special Resolution Regime: the draft FSMA (Contribution to Costs of Special Resolution Regime) Regulations 2010: consultation
    2010-03-22

    HM Treasury has published a consultation paper which is entitled Special Resolution Regime: the draft FSMA (Contribution to Costs of Special Resolution Regime) Regulations 2010.

    This consultation seeks views on all aspects of the draft Financial Services and Markets Act 2000 (Contribution to Costs of Special Resolution Regime) Regulations 2010 which will be made under the new FSMA provisions when clause 28 of the Financial Services Bill is enacted.

    The deadline for comments on the consultation is 15 June 2010.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Norton Rose Fulbright, Public consultations, HM Treasury (UK)
    Authors:
    Jonathan Herbst , Peter Snowdon , Charles Evans , Dorian Drew
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    FSA statement to the US bankruptcy court examiner on the collapse of Lehman Brothers Holdings Inc
    2010-03-26

    On 12 March 2010, the FSA published the statement that it had provided to the court appointed examiner of Lehman Brothers Holding Inc, which is referred to in his wider report on the collapse of Lehman Brothers.

    View FSA statement to the US bankruptcy court examiner on the collapse of Lehman Brothers Holdings Inc, 12 March 2010

     

     

    Filed under:
    United Kingdom, USA, Banking, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Lehman Brothers cases, Lehman Brothers, United States bankruptcy court
    Authors:
    Jonathan Herbst , Peter Snowdon
    Location:
    United Kingdom, USA
    Firm:
    Norton Rose Fulbright
    FSA makes new rules
    2010-04-01

    FSA made five sets of new rules at its March board meeting:

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Dentons, Retail, Credit risk, Standing (law), Tariff, Building society, FSA
    Authors:
    Robert Finney
    Location:
    United Kingdom
    Firm:
    Dentons
    Lehman case blows a hole in FSA's client money rules
    2010-03-03

    Protecting clients’ money and assets has been a pillar of the UK financial regulatory regime. The obligation on regulated entities to “…arrange adequate protection for clients’ assets when it is responsible for them” is enshrined in Principle 10 of the Principles of Business Sourcebook of the Financial Services Authority (FSA) Handbook. The FSA has made rules to protect client money by requiring FSA regulated entities to hold such money in trust accounts (the Client Money Rules).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Locke Lord LLP, Share (finance), Legal personality, Financial regulation, Mediation, Investment company, Lehman Brothers, FSA
    Authors:
    Peter Fidler , Melissa Oxnam , Kendall Evans
    Location:
    United Kingdom
    Firm:
    Locke Lord LLP
    FSA publishes Lehman statement
    2010-03-19

    FSA has published the statement it made to the US bankruptcy court examiner on the collapse of Lehman Brothers Holdings Inc. It has published the statement in the public interest, although it contains information that would otherwise have been confidential. The statement explains FSA’s actions and conversations in respect of the potential purchase by Barclays of the company in September 2008.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons, Confidentiality, Lehman Brothers cases, Barclays, Lehman Brothers, United States bankruptcy court
    Authors:
    Robert Finney
    Location:
    United Kingdom
    Firm:
    Dentons
    U.S. and U.K. expand cooperation in unwinding failed banks
    2010-01-25

    On January 22nd, the FDIC and the Bank of England announced their agreement to a memorandum of understanding, expanding their cooperation when they act as resolution authorities in resolving troubled deposit-taking financial institutions with activities in the United States and United Kingdom. FDIC Press Release.

    Filed under:
    United Kingdom, USA, Banking, Insolvency & Restructuring, Winston & Strawn LLP, Memorandum of understanding, Federal Deposit Insurance Corporation (USA), Bank of England
    Location:
    United Kingdom, USA
    Firm:
    Winston & Strawn LLP
    The will to live: recovery and resolution plans for UK banks
    2009-12-29

    Making a will is regarded by most individuals as a necessary irritant ranking in popularity somewhere below a visit to the dentist or doctor. Following the unprecedented instability in the global financial markets since 2007, “systemic” risk (posed by the potential failure of large or complex cross-border financial institutions) was identified by regulators and legislators as one of the key areas requiring better supervision, in order to prevent a similar crisis in the future.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Morrison & Foerster LLP, Public consultations, Investment banking, Financial regulation, Systemic risk, Advance healthcare directive, HM Treasury (UK), FSA, Banking Act 2009 (UK)
    Authors:
    Peter J. Green , Jeremy C. Jennings-Mares
    Location:
    United Kingdom
    Firm:
    Morrison & Foerster LLP
    Northern Rock restructuring to take effect January 1
    2009-12-08

    Today, the U.K. Treasury and Northern Rock plc separatelyannounced that the restructuring of Northern Rock will take place on January 1, 2010 (Transfer Date).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Alston & Bird LLP, Retail, Debtor, Unsecured debt, Interest, Asset management, Swap (finance), Mortgage loan, Public limited company, Subordinated debt, European Commission, HM Treasury (UK), FSA
    Authors:
    Darren Cooper
    Location:
    United Kingdom
    Firm:
    Alston & Bird LLP
    Lloyds and RBS complete negotiations with HM Treasury on restructurings
    2009-11-03

    Today, HM Treasury announced the conclusion of discussions with Lloyds Banking Group (Lloyds) and Royal Bank of Scotland Plc (RBS), regarding their participation in the U.K.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Shareholder, Option (finance), Due diligence, Balance sheet, Public limited company, Capital requirement, Tier 1 capital, HM Treasury (UK), The Royal Bank of Scotland, Lloyds Bank
    Authors:
    Darren Cooper
    Location:
    United Kingdom
    Firm:
    Alston & Bird LLP
    BBA statement on bank restructuring
    2009-11-09

    The British Bankers’ Association has released the following statement on bank restructuring:

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Norton Rose Fulbright, State aid, Competitiveness
    Authors:
    Jonathan Herbst , Peter Snowdon , Charles Evans , Dorian Drew , Nicolò Juvara
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright

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