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    Commission publishes bail-in paper
    2012-03-16

    The Internal Market Directorate is discussing with stakeholders whether the debt write-down or bail-in tool would help a managed reorganisation or winding down of a financial institution that faced imminent failure. This discussion takes place in the context of the ongoing work on an EU framework for managing crises in the banking sector. The debt write-down or bail-in tool would complement the special resolution powers that need to be available for authorities to stem risks to financial stability and limit the recourse to taxpayer’s money.

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Dentons, Bailout, Subordinated debt
    Authors:
    Josie Day
    Location:
    European Union
    Firm:
    Dentons
    Basel looks at repo clearing and settlement
    2010-09-17

    The Committee on Payment and Settlement Systems within Basel has published a report looking at how clearing and settlement arrangements for repos work and have worked during the economic crisis. It looks at issues that may affect resilience of repo markets and suggests ideas for strengthening them.

    Filed under:
    Global, Banking, Insolvency & Restructuring, Dentons, Clearing (finance)
    Location:
    Global
    Firm:
    Dentons
    Stopping collateral damage
    2008-11-04

    The Banking Bill recasts key aspects of bank supervision and insolvency. With such wide-ranging changes to digest, financial institutions and other companies could be forgiven for ignoring the seemingly obscure clauses relating to financial collateral. But these provisions could remove legal uncertainty for those taking collateral particularly in traded markets (like energy trading) where banks are not always the main players.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons, Collateral (finance), Security (finance), Credit risk, Judicial review, Companies Act 2006 (UK), Companies Act 1985 (UK), European Commission
    Location:
    United Kingdom
    Firm:
    Dentons
    FMLC writes to Treasury on bank recovery and resolution
    2015-10-09

    FMLC has written two letters to Treasury regarding bank recovery and resolution:

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons, Banking Act 2009 (UK)
    Location:
    United Kingdom
    Firm:
    Dentons
    Middle East and Turkey update - March 2012
    2012-03-14

    This Update is produced on a monthly basis. It provides an update on new legislation in certain Middle East countries (Bahrain, Egypt, Jordan, the Kingdom of Saudi Arabia, Kuwait, Qatar, the Sultanate of Oman and the United Arab Emirates) where SNR Denton has offices. We also include Turkey and Lebanon updates from our affiliate and associate firms in Istanbul and Beirut respectively.

    Filed under:
    Middle East, Turkey, Banking, Capital Markets, Energy & Natural Resources, Insolvency & Restructuring, Insurance, Intellectual Property, Real Estate, Tax, Dentons, Real estate investment trust
    Location:
    Middle East, Turkey
    Firm:
    Dentons
    Financial regulatory reform - new orderly liquidation authority of FDIC; and resolution plans
    2010-09-02

    I. Introduction

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Dentons, Bankruptcy, Consumer protection, Board of directors, Federal Reserve Board, Liquidation, Depository institution, Bank holding company, Default (finance), Convertible bond, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Bank Holding Company Act 1956 (USA), US Securities and Exchange Commission, Federal Deposit Insurance Corporation (USA), Federal Reserve System, Financial Stability Oversight Council, Lehman Brothers, US Secretary of the Treasury
    Location:
    USA
    Firm:
    Dentons
    Perfection of a security interest in a cash collateral account
    2008-10-14

    Banks have a recognized right to set off amounts owing by the bank to its customer (i.e. a credit balance in the customer’s bank account) against the customer’s debt to the bank. However, banks frequently wish to have the additional comfort of obtaining a security interest in the customer’s credit balance in a designated bank account. Banks frequently refer to this security as a pledge of cash collateral.

    Filed under:
    Canada, Ontario, Banking, Insolvency & Restructuring, Dentons, Debtor, Collateral (finance), Debt, Personal property, Intangible asset, Personal Property Security Act 1990 (Canada)
    Location:
    Canada
    Firm:
    Dentons
    New EU assignment regulation has first reading in European Parliament but serious flaws remain
    2019-04-04

    Receivables financiers, lenders taking security assignments over contractual rights, participants in the secondary loan market and others have an interest in:

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, Public, Securitization & Structured Finance, Dentons, Brexit
    Authors:
    Alexander Hewitt
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    OAS Chapter 15 decision sheds new light on cross-border insolvency practice, but may add complexity to financial institutions' global credit risk management
    2015-07-27

    In an interesting decision with important implications for both Chapter 15 practice and financial institutions’ global credit risk analyses, a US Chapter 15 court (the “Court”) granted recognition of a number of Brazilian proceedings involving entities within the OAS Group.  See In re OAS S.A. et al., Case No. 15-10937 (SMB) (Bankr.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Dentons, Credit risk
    Location:
    USA
    Firm:
    Dentons
    BIS publishes response on consumer credit
    2011-11-25

    BIS and Treasury have published their response to the consumer credit elements of the Government review of consumer credit and personal insolvency. The response explains the initiative that will ensure that over 85% of customers with personal current accounts will see clearer, fairer and more manageable charges for unarranged overdrafts. Customers will be able to get alerts when their balance is low and will not incur a fee if they exceed their limit by a small amount. Also, from late 2013 there will be guaranteed account switching within seven days.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons, Credit (finance)
    Authors:
    Dominic Gilmore , Josie Day
    Location:
    United Kingdom
    Firm:
    Dentons

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