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    UK Supreme Court confirms the validity of the 'flip' clause
    2011-08-04

    In its ruling on Wednesday 27 July in the matter of Belmont Park Investments PTY Ltd v BNY Corporate Trustee Services Lte & Anor [2011] UKSC 38 the Supreme Court of the United Kingdom has dismissed the appeal by Lehman Brothers Special Finance Inc. ("LSF") relating to the validity of an alleged anti-deprivation provision known as a 'flip' provision which, has the effect of altering the payment priority order as a result of a bankruptcy of the relevant swap counterparty, in this case Lehman Brothers.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Orrick, Herrington & Sutcliffe LLP, Contractual term, Bankruptcy, Breach of contract, Swap (finance), Good faith, Default (finance), Lehman Brothers, Credit rating agency, Supreme Court of the United States, UK Supreme Court
    Authors:
    Martin Bartlam
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    FIG Bulletin 18 May 2020
    2020-05-18

    Recent regulatory developments of interest to all financial institutions. Includes key COVID-19 updates from the UK FCA, AML/CTF updates and more.

    COVID-19: FCA statement on handling of post and paper documents

    On 13 May 2020, the Financial Conduct Authority (FCA) published a statement on how firms should handle post and paper documents during the COVID-19 pandemic.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Compliance Management, Derivatives, Insolvency & Restructuring, Insurance, IT & Data Protection, Tax, White Collar Crime, Hogan Lovells, Corporate governance, Digital currency, Money laundering, Due diligence, Arbitrage, Personal data, Coronavirus, Financial Conduct Authority (UK), European Commission, Financial Stability Board, HM Revenue and Customs (UK), European Banking Authority, Bank for International Settlements, Financial Action Task Force, Credit rating agency, Bank of England, European Systemic Risk Board, European Securities and Markets Authority, International Association of Insurance Supervisors, European Central Bank, GDPR
    Location:
    European Union, United Kingdom
    Firm:
    Hogan Lovells
    Canadian insolvency law amendments: focus for equipment financiers
    2009-10-27

    On September 17, 2009 our firm published a summary of recent amendments (the "Amendments") to Canada’s Bankruptcy and Insolvency Act ("BIA") and Companies’ Creditors Arrangement Act ("CCAA"). This summary provided a detailed review of the significant legislative changes that were brought into force on September 18, 2009.

    Filed under:
    Canada, Asset Finance, Insolvency & Restructuring, Cassels Brock & Blackwell LLP, Debtor, Personal property, Common law, Secured creditor, Credit rating agency, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Joseph Bellissimo , Jonathan Fleisher
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    Focus for equipment financiers
    2009-10-29

    On September 17, 2009 our firm published a summary of recent amendments (the "Amendments") to Canada’s Bankruptcy and Insolvency Act ("BIA") and Companies’ Creditors Arrangement Act ("CCAA"). This summary provided a detailed review of the significant legislative changes that were brought into force on September 18, 2009.

    Filed under:
    Canada, Insolvency & Restructuring, Cassels Brock & Blackwell LLP, Debtor, Personal property, Common law, Secured creditor, Credit rating agency, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Joseph Bellissimo , Jonathan Fleisher
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    MF Global – U.S. and UK
    2011-12-19

    On October 31, 2011 (the “Petition Date”), MF Global, which up to that point had been one of the world’s largest broker/dealer firms, was plunged into insolvency on both sides of the pond. On the Petition Date, MF Global Holdings, Ltd. and MF Global Finance USA, Inc. (the “US Debtors”) each filed voluntary bankruptcy petitions under chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of New York. Contemporaneously with the U.S. bankruptcy filings, the Securities Investor Protection Corporation initiated the liquidation of MF Global, Inc., the U.S.

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Reed Smith LLP, Bankruptcy, Securities Investor Protection Corporation, Credit rating agency, United States bankruptcy court
    Authors:
    Elizabeth A. McGovern , Victoria Thompson , Kirsty O'Connor
    Location:
    United Kingdom, USA
    Firm:
    Reed Smith LLP
    MF Global enters insolvency proceedings on both sides of the pond
    2011-11-01

    MF Global, one of the world's leading broker/dealer firms entered into insolvency proceedings in both the US and the UK on 31 October 2011. US entities MF Global Holdings Ltd. and MF Global Finance USA Inc. filed voluntary petitions for relief under Chapter 11 of the US Bankruptcy Code in the Bankruptcy Court for the Southern District of New York. Also on 31 October, the US Securities Investor Protection Corporation ("SIPC") initiated the liquidation of MF Global, Inc. a jointly registered futures commission merchant and broker-dealer, under the Securities Investor Protection Act ("SIPA").

    Filed under:
    United Kingdom, USA, Capital Markets, Insolvency & Restructuring, Reed Smith LLP, Bankruptcy, Clearing house (finance), Futures contract, Commodity broker, Margin (finance), Liquidation, Broker-dealer, Capital requirement, Subsidiary, US Securities and Exchange Commission, Securities Investor Protection Corporation, Credit rating agency, FSA, United States bankruptcy court
    Authors:
    Kyri Evagora , Georgia M. Quenby , Brett Hillis , Andrew P. Cross
    Location:
    United Kingdom, USA
    Firm:
    Reed Smith LLP
    FDIC Notice of Proposed Rulemaking for safe harbor protection for securitizations
    2010-05-12

    On May 11, the Board of Directors of the FDIC approved a Notice of Proposed Rulemaking (the “NPR”) proposing a rule which would govern the treatment by the FDIC, as conservator or receiver of a failed insured depository institution (a “Bank”), of financial assets previously transferred by such Bank in a securitization or participation transaction. The proposed rule would create a safe harbor to confirm legal isolation of these financial assets if certain conditions are satisfied.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Securitization & Structured Finance, Orrick, Herrington & Sutcliffe LLP, Collateral (finance), Safe harbor (law), Board of directors, Interest, Accounting, Depository institution, Secured creditor, Federal Deposit Insurance Corporation (USA), FSAB, Credit rating agency, GAAP
    Authors:
    Howard S. Altarescu , Mark M. Racic
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    U.S. Senate bill creates new regime for orderly liquidation of financial companies that present systemic risk
    2010-06-01

    The comprehensive financial reform bill recently passed by the Senate1 creates a new “orderly liquidation authority” (“OLA”) that would allow the Federal Deposit Insurance Corporation (“FDIC”) to seize control of a financial company2 whose imminent collapse is determined to threaten the financial system as a whole.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Insurance, Cadwalader Wickersham & Taft LLP, Debtor, Federal Reserve Board, Liquidation, Holding company, Depository institution, Bank holding company, Systemic risk, Federal Deposit Insurance Corporation (USA), US Senate Committee on Banking, Housing and Urban Affairs, Securities Investor Protection Corporation, Credit rating agency, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), US Secretary of the Treasury
    Authors:
    Mark C. Ellenberg
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Orderly liquidation of financial companies, including executive compensation clawback, under the Dodd-Frank Wall Street Reform and Consumer Protection Act
    2010-07-20

    Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“WSRCPA”) represents Congress’ attempt to address companies considered “too big to fail.” The statute creates a new “orderly liquidation authority” (“OLA”), which allows the Federal Deposit Insurance Corporation (“FDIC”) to seize control of a financial company1 whose imminent collapse is determined to threaten the financial system as a whole. Commencement of a receivership under the OLA would preempt any proceedings under the Bankruptcy Code.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Insurance, Cadwalader Wickersham & Taft LLP, Debtor, Consumer protection, Executive compensation, Federal Reserve Board, Liquidation, Holding company, Depository institution, Bank holding company, Systemic risk, Subsidiary, Federal Deposit Insurance Corporation (USA), Securities Investor Protection Corporation, Credit rating agency, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Authors:
    Mark C. Ellenberg
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Hotel loan workouts
    2010-10-19

    For many hotel owners, it is an all-too-familiar story: occupancy is down, and even though operating expenses have been cut to the bone, there is just not enough money to go around. It seems there is always another bill: franchise fees, payroll, real property taxes, debt service—the list goes on. The unfortunate result is that either because of a failure to make a payment or a breach of some other covenant, the owner finds itself looking at a default notice from its lender. When dealing with a loan default, there are four things the hotel owner needs to understand.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Leisure & Tourism, Fox Rothschild LLP, Collateral (finance), Fiduciary, Covenant (law), Debt, Mortgage loan, Foreclosure, Maturity (finance), Refinancing, Default (finance), Mortgage-backed security, Credit rating agency
    Authors:
    Michael J. Kornacki
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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