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    Liquidators Beware: an Alternative to Quincecare
    2023-02-16

    The Quincecare duty has become a popular tool for companies (or their liquidators) to claim against banks for funds misappropriated on wrongful payment instructions. It requires a bank to refrain from executing a payment order if and for so long as it was put on inquiry by having reasonable grounds for believing that the order was an attempt to misappropriate funds.

    Filed under:
    Hong Kong, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Conyers, UK Supreme Court, Court of Final Appeal (Hong Kong)
    Authors:
    Norman Hau , Manwa Yip
    Location:
    Hong Kong, United Kingdom
    Firm:
    Conyers
    UK proposals for cryptoasset regulation
    2023-02-14

    The U.K. government has published its much-anticipated proposals for regulating the cryptoasset industry. These proposals, currently in the form of a consultation, will see many (but not all) cryptoasset-related activities being brought within the regulatory perimeter for financial services in the U.K.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, White Collar Crime, A&O Shearman, Blockchain, Crowdfunding, Bitcoin, Due diligence, Cryptocurrency, Financial Services Compensation Scheme, Distributed ledger, ESG, Cybersecurity, Anti-money laundering, Central counterparties, Decentralised finance, Financial Conduct Authority (UK), House of Lords, FTX, MiFID, Financial Services and Markets Act 2000 (UK), Markets in Cryptoassets Regulation (EU)
    Authors:
    Thomas Donegan , Barnabas (Barney) Reynolds , Wilf Odgers , Elias Allahyari , Nicholas Ormondroyd , Chloe Barrowman , Sandy Collins
    Location:
    European Union, United Kingdom
    Firm:
    A&O Shearman
    NY Court of Appeals’ Ruling Results in Account Debtor Owing Its Counterparty’s Debts Under UCC Article 9
    2023-02-02

    In Worthy Lending LLC v. New Style Contractors. Inc., the New York Court of Appeals held that a security interest includes a lender’s right to force the borrower’s account debtors to remit payments directly to the lender, regardless of whether an event of default exists. Further, the court clarified that the Uniform Commercial Code (UCC) does not provide a distinction between a security interest and an assignment.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Uniform Commercial Code (USA)
    Authors:
    Deborah J. Enea , Steven Soffer
    Location:
    USA
    Firm:
    Troutman Pepper
    NY DFS Releases Custodial Guidance on Crypto Insolvency
    2023-02-02

    On January 23, the NY DFS released updated guidance with regard to better protecting consumers in the event of virtual currency insolvency. This updated guidance applies to entities that DFS has licensed or chartered to hold or maintain virtual currency assets on behalf of their customers.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, IT & Data Protection, Sheppard Mullin Richter & Hampton LLP, Virtual currency
    Authors:
    Moorari Shah , A.J. Dhaliwal , Alyssa Paddock
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Are recent SME restructuring plans paving the way for a more cost-efficient process?
    2023-02-01

    Since the introduction of the Corporate Insolvency and Governance Act 2020 (CIGA) and the creation of the new Part 26A restructuring plan procedure, questions have been raised about whether the cost of using such a procedure would restrict its use to larger, better capitalised companies.

    Filed under:
    United Kingdom, Banking, Company & Commercial, Insolvency & Restructuring, Travers Smith LLP, Insolvency, HM Revenue and Customs (UK), Insolvency Service (UK), Corporate Insolvency and Governance Act 2020
    Authors:
    Kirsty Emery , Edward Smith
    Location:
    United Kingdom
    Firm:
    Travers Smith LLP
    NFTs in crisis and insolvency
    2023-02-01

    NFTs are a hot topic, but their treatment under insolvency law – which will receive more attention due to the recent crisis – has not yet been explored in much detail. This contribution aims to provide a brief overview of the most relevant issues.

    NFTs as collateral

    Filed under:
    Austria, Banking, Insolvency & Restructuring, IT & Data Protection, Schoenherr, Blockchain, Non-fungible tokens
    Authors:
    Felix Loewit
    Location:
    Austria
    Firm:
    Schoenherr
    Q&A: The proposed new UK Insurer Resolution Regime
    2023-02-01

    Last week HM Treasury published its much anticipated consultation paper on introducing a dedicated Insurer Resolution Regime (IRR) in the UK, which would implement key international standards.

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Insurance, Freshfields Bruckhaus Deringer, HM Treasury (UK), Bank of England, Solvency II Directive (2009/138/EU), Banking Act 2009 (UK)
    Authors:
    Priti Lancaster , George Swan , Lauren Honeyben , Kevin Whibley
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    STEP Conference Cayman Islands 2023 - Top Takeaways
    2023-01-31

    The Society of Trust and Estate Practitioners (STEP) held its annual International Wealth Structuring Forum in the Cayman Islands on 19 and 20 January 2023 at the Ritz-Carlton, Grand Cayman. The forum was an opportunity for leading trust and wealth management professionals to gather and discuss the latest local and international developments impacting the industry. Hector Robinson KC and James Anson-Holland of Mourant attended the forum and have summarised the top three takeaways from the panel discussions.

    The mercurial modern assets

    Filed under:
    Cayman Islands, Arbitration & ADR, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Mourant, Blockchain, Bitcoin, Mediation, Artificial intelligence, Cryptocurrency, Non-fungible tokens, ChatGPT
    Authors:
    Hector Robinson KC , James Anson-Holland
    Location:
    Cayman Islands
    Firm:
    Mourant
    European leveraged finance: Choosing the right path
    2023-01-31

    European leveraged finance markets paused for breath in 2022, due to rising interest rates, volatile geopolitics and a tightening of financial markets across the board—but what can we expect in 2023?

    Filed under:
    European Union, United Kingdom, USA, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Public, White & Case, Foreign direct investment, Private equity, Climate change, Supply chain, Carbon neutrality, Euribor, Bank of England
    Location:
    European Union, United Kingdom, USA
    Firm:
    White & Case
    New Dutch restructuring law and the transfer of an account receivable portfolio
    2023-02-01

    Introduction

    Filed under:
    Netherlands, Banking, Insolvency & Restructuring, Taylor Wessing, Insolvency
    Authors:
    Andrei Babiy , Paul Orij
    Location:
    Netherlands
    Firm:
    Taylor Wessing

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