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    Subordination of certain unsecured debt Instruments in Germany under the Resolution Mechanism Act
    2015-12-03

    Overview

    In November 2015, the German legislator passed the Resolution Mechanism Act (Abwicklungsmechanismusgesetz, AbwMechG). The law introduces, among other things, Section 46f (5) et seqq. of the German Banking Act (Kreditwesengesetz, KWG), which requires that claims under certain unsecured debt instruments be subordinated to general senior unsecured obligations in an insolvency proceeding involving a German bank.

    Filed under:
    Germany, Banking, Capital Markets, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Unsecured debt
    Location:
    Germany
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Recovery and resolution planning: Hong Kong update and briefing note
    2015-11-20

    Freshfields Bruckhaus Deringer Recovery and resolution planning October 2015 1 The Financial Services and the Treasury Bureau of the Hong Kong Government (FSTB) in conjunction with the Hong Kong Monetary Authority (HKMA), the Securities and Futures Commission (SFC), and the Insurance Authority (IA)1 on 9 October 2015 published a paper entitled An Effective Resolution Regime for Financial Institutions in Hong Kong: Consultation Response and Certain Further Issues (CP3).2 Background Following from the recent global financial crisis, the G20 tasked the Financial Stability Board (FSB) with

    Filed under:
    Hong Kong, Banking, Capital Markets, Insolvency & Restructuring, Insurance, Freshfields Bruckhaus Deringer LLP, Securities and Futures Commission (Hong Kong), Hong Kong Monetary Authority
    Location:
    Hong Kong
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Indochina notes: legal updates on investment, infrastructure and finance, October 2014
    2014-10-14

    Investment

    Direct statements

    Filed under:
    Vietnam, Banking, Capital Markets, Construction, Corporate Finance/M&A, Insolvency & Restructuring, Insurance, Projects & Procurement, Freshfields Bruckhaus Deringer LLP
    Location:
    Vietnam
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Falling back to Earth: UK’s proposed approach to managing the failure of systemic crypto firms
    2022-06-24

    Cryptoassets continue to be in the spotlight with prices no longer heading ‘to the moon’, the recent high-profile failure of an algorithmic stablecoin and the difficulties experienced by various service providers. This all forms the backdrop to the UK Government’s publication of proposals with respect to managing the failure of systemic digital settlement asset firms.

    Overview

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Freshfields Bruckhaus Deringer LLP, Blockchain, Cryptocurrency, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England
    Authors:
    Katharina Crinson
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Supreme Court rules on the scope of the rule against double proof
    2011-11-11

    The Supreme Court’s decision in a dispute over a parent company guarantee will change the way insolvency practitioners deal with the distribution of assets when a corporate group collapses.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Parent company, SCOTUS
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    New FCA draft guidance sets out an interventionist approach to restructuring plans, schemes of arrangement and CVAs
    2022-02-02

    On 25 January 2022, the Financial Conduct Authority (FCA) published draft guidance on how it will approach ‘compromises’ by regulated firms. The guidance is expressed to cover restructuring plans, schemes of arrangement and CVAs.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Financial Conduct Authority (UK)
    Authors:
    Katharina Crinson , Craig Montgomery
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Nortel: not just bad news for banks
    2011-11-08

    The Court of Appeal decision in the Nortel case upheld the High Court ruling that FSD/CN liability is an expense of the administration and therefore ranks ahead of administrators' remuneration, floating charges and unsecured creditors. Much of the press coverage which has followed in the immediate aftermath seems to have assumed that the decision is a victory for "good" pensioners over the "bad" banks.

    Filed under:
    United Kingdom, Banking, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Unsecured debt, Debt, Defined benefit pension plan, Building society, Financial Services Compensation Scheme, Pension Protection Fund, The Pensions Regulator, SCOTUS, Court of Appeal of England & Wales, High Court of Justice
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Banking and financial services litigation: 2021 in review
    2022-01-27

    A number of key decisions from the English courts in 2021 illustrate the litigation trends that are likely to have implications for the financial services industry in 2022 and beyond (see below “Cases to watch in 2022”).

    Market misconduct and mis-selling

    In the first of a series of claims issued by ECU Group Plc in relation to alleged wrongdoing in the foreign exchange markets by a number of banks, the High Court held that:

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, Freshfields Bruckhaus Deringer LLP, Libor, Personal data, Coronavirus, GDPR, Financial Services and Markets Act 2000 (UK), Financial Conduct Authority (UK), Barclays, Google, Serious Fraud Office (UK), House of Lords, HSBC, Carillion, Court of Justice of the European Union, UK Supreme Court
    Location:
    European Union, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Law on restricting of financial institutions passed
    2010-11-18

    The German parliament (Deutscher Bundestag) has recently passed a law on the restructuring and dissolution of distressed financial institutions, establishing a sector-wide restructuring fund and extending the statute of limitations for the liability board members (Restructuring Act).

    Filed under:
    Germany, Banking, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Statute of limitations, Board of directors, Distressed securities, Bundestag
    Location:
    Germany
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Distressed Financing Pitfalls: When Execution Goes Off Track (Part 4)
    2022-01-19

    In Parts 1, 2 and 3 we covered some easy traps to fall into when trying to execute a distressed financing tr

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Bankruptcy
    Location:
    USA
    Firm:
    Freshfields Bruckhaus Deringer LLP

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