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    LCF Final Notice
    2023-10-30

    The Financial Conduct Authority (“the FCA”) issued a Final Notice against London Capital & Finance plc (“LCF”) for contravening regulatory requirements (pursuant to section 205 of the Financial Services and Markets Act 2000 (“the Act”)). The Final Notice contained a statement censuring LCF for failing to ensure that its financial promotions were fair, clear and not misleading.

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Mishcon de Reya LLP, Due diligence, Insolvency, Financial Conduct Authority (UK), Financial Services and Markets Act 2000 (UK)
    Authors:
    Guy Wilkes
    Location:
    United Kingdom
    Firm:
    Mishcon de Reya LLP
    Wearing the mantle of environmental obligations: Implications for secured lenders in Canada
    2023-10-23

    In a recent case involving Mantle Materials Group, Ltd. (2023 ABKB 488, “Mantle“), the intersection of environmental obligations and insolvency law in Canada has again come into sharp focus.

    Filed under:
    Canada, Alberta, Environment & Climate Change, Insolvency & Restructuring, Litigation, Miller Thomson LLP, Due diligence
    Authors:
    Tamara Farber , Craig A. Mills
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Insurance Quarterly Legal and Regulatory Update: 1 July 2023 - 30 September 2023
    2023-10-20

    1. SOLVENCY II 1.1 Solvency II Directive review: ECON agrees position on Solvency II Directive review On 27 July 2023, the European Parliament’s Committee on Economic and Monetary Affairs (ECON) published a report on its agreed position on the Proposal for a Directive amending the Solvency II Directive1 (Proposed Directive).

    Filed under:
    European Union, Ireland, Banking, Capital Markets, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Insurance, IT & Data Protection, White Collar Crime, Dillon Eustace LLP, Climate change, Big data, Electric vehicle, Due diligence, ESG, Personal data, Anti-money laundering, Data privacy, Greenwashing, European Commission, European Parliament, European Council, European Insurance and Occupational Pensions Authority, Central Bank of Ireland, European Securities and Markets Authority, European Data Protection Board, GDPR, Solvency II Directive (2009/138/EU), Sustainable Finance Disclosure Regulation (2019/2088/EU)
    Location:
    European Union, Ireland
    Firm:
    Dillon Eustace LLP
    FTC Settles with Bankrupt Crypto Company, but Pursues CEO for Deceptive FDIC Claims
    2023-10-16

    The Federal Trade Commission (FTC) announced it has reached a settlement with the bankrupt crypto company Voyager over the company’s alleged deceptive crypto marketing practices. Specifically, the FTC’s complaint alleges that from at least 2018 until its declaration of bankruptcy in July 2022, Voyager enticed consumers with promises that their deposits were insured by the Federal Deposit Insurance Corporation (FDIC) and were “safe.” However, consumers’ deposits with Voyager were not eligible for FDIC insurance and were not protected in the event that Voyager failed.

    Filed under:
    USA, Banking, Derivatives, Insolvency & Restructuring, Litigation, Venable LLP, Due diligence, Federal Trade Commission (USA), Consumer Financial Protection Bureau (USA), Commodity Futures Trading Commission (USA), Federal Deposit Insurance Corporation (USA)
    Authors:
    Christopher L. Boone , Max Bonici , Ellen Traupman Berge
    Location:
    USA
    Firm:
    Venable LLP
    How to Know When Your China Manufacturer is Going Bankrupt
    2023-10-04

    Table of Contents

    Filed under:
    China, Company & Commercial, Insolvency & Restructuring, Harris Sliwoski LLP, Supply chain, Due diligence
    Authors:
    Dan Harris
    Location:
    China
    Firm:
    Harris Sliwoski LLP
    Cayman Regulatory Update - Q3 2024
    2024-07-11

    FinReg Update [Jurisdiction] 2024 Regulatory Update Cayman – Q3 2024 Quick Fire Updates mourant.com 1. CRS reporting reminders The Department for International Tax Cooperation (DITC) issued an Updates Bulletin in June 2024 reminding Cayman Islands financial Institutions (FIs) of the following common reporting standard (CRS) annual reporting obligations: CRS Filing Declaration – required by all FIs with a CRS reporting obligation (deadline 31 July 2024) • FIs must make a CRS return to the DITC for each Reportable Account maintained during the reporting period.

    Filed under:
    Cayman Islands, Banking, Capital Markets, Company & Commercial, Insolvency & Restructuring, Tax, White Collar Crime, Mourant, Corporate governance, Climate change, Due diligence, Anti-money laundering
    Location:
    Cayman Islands
    Firm:
    Mourant
    Insolvency in the construction market: Tips for securing payment and performance in a tightening bond market
    2024-07-22

    Recent high-profile contractor collapses have made many acutely aware of the need to ensure they are adequately protected in the event of employer or contractor insolvency. This increase in insolvencies has also placed significant stress on the construction bond market. Contractor insolvencies put pressure on surety bond providers, which in turn can lead to increased rates and more stringent criteria being imposed on contractors seeking bonds.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Gowling WLG, Supply chain, Due diligence, Insolvency, Corporate Insolvency and Governance Act 2020
    Authors:
    Ruth Griffin , Ashley Yarwood , Emma Knight
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    How to improve your contractual rights to be paid
    2024-07-26

    The economic picture has started to improve, with modest GDP growth in the first half of 2024. However, the enormous strains on business finances over the past four years have caused insolvency rates to rise sharply this year.

    According to The Insolvency Service’s latest figures, company insolvencies in June 2024 were the third highest since monthly records started in 2020. Administrations in June 2024 were 22% higher than in June 2023, and the number of CVAs was 64% higher in June 2024 than June 2023.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Keystone Law, Supply chain, Due diligence, Coronavirus, Insolvency, Insolvency Service (UK), Corporate Insolvency and Governance Act 2020, Banks
    Authors:
    Lucy Pringle
    Location:
    United Kingdom
    Firm:
    Keystone Law
    Securities appellate tribunal’s key judgments: 2019 to 2024 [Volume 1]
    2024-06-24

    This compendium presents a curated collection of judgments rendered by the Hon'ble Securities Appellate Tribunal ("SAT") from 2019 to 2024. Established to hear and dispose of appeals against orders passed by the Securities and Exchange Board of India (SEBI), the Insurance Regulatory and Development Authority of India (IRDAI), and the Pension Fund Regulatory and Development Authority (PFRDA), SAT plays a pivotal role in shaping the regulatory landscape of the financial and securities markets in India.

    Filed under:
    India, Capital Markets, Company & Commercial, Insolvency & Restructuring, Litigation, Shardul Amarchand Mangaldas & Co, Corporate governance, Insider trading, Due diligence, Non-disclosure agreement, Securities and Exchange Board of India, Insolvency and Bankruptcy Code (India)
    Location:
    India
    Firm:
    Shardul Amarchand Mangaldas & Co
    Proactive steps to mitigate the risk of contractor insolvency
    2024-06-26

    Contractor insolvencies are continuing in the construction industry in 2024. This follows recent challenges relating to supply chain issues, labour shortages, and increased material costs. Such challenges are part of the broader macroeconomic climate of high inflation and interest rates.

    We outline below steps that a Principal can take at different stages of a project to mitigate the impact of Contractor insolvency on its project, and to protect its interests.

    Key takeaways

    Filed under:
    New Zealand, Construction, Insolvency & Restructuring, Simpson Grierson, Supply chain, Due diligence, Insolvency
    Authors:
    Michael Weatherall , Christine Gordon , Shanti Frater
    Location:
    New Zealand
    Firm:
    Simpson Grierson

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