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).
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.
The British Bankers’ Association has released the following statement on bank restructuring:
OFT is monitoring the lending and broking of secured loans to consumers where the loan's purpose is to annul a recent bankruptcy. It is asking for comments by 30 October from any consumers who have taken this type of loan.
The making of a bankruptcy order alone will not deprive a judgment creditor of a final charging order where it is obtained before the bankruptcy order is made.
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 Investment Banking Insolvency Panel of the FMLC has responded to Treasury’s consultation on developing effective resolution arrangements for investment banks. The response is wide-ranging and looks at clarity, transparency and access before setting out views on client assets and insolvency processes.
The European High Yield Association (a trade association representing participants in the European leveraged finance market) is calling for new restructuring laws, warning that the existing regime makes it more likely that a company in financial difficulties will collapse.
Libby Elliott looks at the proposals, which are designed to create a formal procedure for restructuring distressed companies.
The need for change
On 4 March 2009, the Office of Public Sector Information published the Bank Insolvency (England and Wales) Rules 2009 (the Rules) and accompanying explanatory memorandum. The Rules came into force on 25 February 2009 and give effect in England and Wales to the new bank insolvency procedure under Part 2 of the Banking Act 2009.
Treasury has published two orders made under the Insolvency Act 1986 and the Banking Act 2009. The orders are: