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    EU Proposals for Harmonisation of Insolvency Practitioners and Judges
    2017-12-04

    Much has already been written about the proposal for the “Second Chance” directive (“Proposal“) published in November 2016 which is still being debated by the EU bodies – and rightly so. Harmonisation of insolvency law across the EU is needed as one in four insolvency proceedings is a cross-border insolvency and creditors need to know what to expect in other EU countries and that the courts and practitioners cooperate in an efficient way.

    Filed under:
    European Union, Slovakia, Insolvency & Restructuring, Litigation, Squire Patton Boggs, UNCITRAL
    Authors:
    Silvia Belovicova
    Location:
    European Union, Slovakia
    Firm:
    Squire Patton Boggs
    UK: Corporate Insurance Newsletter - November 2017
    2017-12-06

    PRA updates remuneration policy statement for PRA category 1 and 2 firm • PRA publishes CP24/17: Solvency II: internal models - modelling of the matching adjustment • PRA publishes CP23/17: Financial management and planning by insurers • Wholesale insurance brokers market study launched by the FCA • The FCA's future approach to consumers • PRA publishes CP22/17: Solvency II: Supervisory approval for the volatility adjustment • FCA publishes PS17/24: Handbook changes to reflect the new regulatory framework for insurance-linked securities - feedback to CP16/34 and CP17/3 and near-final rules

    Filed under:
    European Union, Global, OECD, United Kingdom, USA, Banking, Insolvency & Restructuring, Insurance, Hogan Lovells, Prudential Regulatory Authority (UK), Financial Conduct Authority (UK), European Banking Authority, European Insurance and Occupational Pensions Authority, Solvency II Directive (2009/138/EU)
    Location:
    European Union, Global, OECD, United Kingdom, USA
    Firm:
    Hogan Lovells
    Financial Regulatory Developments Focus - Issue 12/06/2017
    2017-12-06

    FINANCIAL INSTITUTIONS ADVISORY & FINANCIAL REGULATORY GROUP WEEKLY NEWSLETTER DECEMBER 6, 2017 Financial Regulatory Developments Focus In this week’s newsletter, we provide a snapshot of the principal US, European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset managers and corporates. Click here if you wish to access our Financial Regulatory Developments website.

    Filed under:
    European Union, United Kingdom, USA, Banking, Capital Markets, Competition & Antitrust, Derivatives, Employee Benefits & Pensions, Insolvency & Restructuring, A&O Shearman, Brexit, Libor, Federal Reserve Board, Financial Conduct Authority (UK), European Commission, Financial Stability Board, Office of the Comptroller of the Currency (USA), US Department of Labor, European Banking Authority, ECB, MiFID
    Location:
    European Union, United Kingdom, USA
    Firm:
    A&O Shearman
    Financial Services and Brexit
    2017-12-07

    FINANCIAL SERVICES AND BREXIT BRODIES BREXIT GUIDE. www.brodies.com What might Brexit mean for financial services? On 29 March 2017 the UK’s Article 50 Notice was delivered to the European Council in Brussels, triggering the formal process for the UK’s exit from the EU. Immediately following delivery of the notice, the UK Government’s Department for Exiting the European Union issued a White Paper on the Great Repeal Bill (entitled “Legislating for the UK’s withdrawal from the European Union”). The paper focuses on the legal changes that will result from the UK’s exit from the EU.

    Filed under:
    European Union, United Kingdom, Scotland, Banking, Capital Markets, Insolvency & Restructuring, Insurance, Brodies LLP, Brexit
    Location:
    European Union, United Kingdom
    Firm:
    Brodies LLP
    High Court decision may make it more difficult to bring claims against foreign parties under section 423 Insolvency Act (transactions defrauding creditors)
    2017-12-11

    The High Court has held that a claim by a creditor under section 423 of the Insolvency Act 1986 does not fall within the jurisdictional gateway permitting service out of the jurisdiction at common law for claims “under an enactment which allows proceedings to be brought”: Orexim Trading Limited v Mahavir Port and Terminal Private Limited [2017] EWHC 2663 (Comm).

    Filed under:
    European Union, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Insolvency Act 1986 (UK), Companies Act 1985 (UK), High Court of Justice (England & Wales)
    Authors:
    John Whiteoak , Andrew Cooke
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Financial Regulatory Developments Focus - Issue 12/21/2017
    2017-12-21

    FINANCIAL INSTITUTIONS ADVISORY & FINANCIAL REGULATORY GROUP NEWSLETTER DECEMBER 21, 2017 Financial Regulatory Developments Focus In this week’s newsletter, we provide a snapshot of the principal US, European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset managers and corporates. Click here if you wish to access our Financial Regulatory Developments website.

    Filed under:
    European Union, United Kingdom, USA, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, Insurance, White Collar Crime, A&O Shearman, Prudential Regulatory Authority (UK), Federal Reserve Board, European Banking Authority, MiFID
    Location:
    European Union, United Kingdom, USA
    Firm:
    A&O Shearman
    Business Finance and Restructuring - What will 2018 hold?
    2018-01-04

    Business Finance and Restructuring What will 2018 hold? Horizon scanning for 2018 Legal Outlook Legislative changes Reform of English corporate insolvency framework The Insolvency Service has yet to react to responses to its consultation in mid-2016 on significant reforms designed to improve the restructuring tools available to companies.1 We had expected the government to push this forward in 2017, but the reforms appear to have stalled and the issue was sadly missing from the Queen’s Speech.

    Filed under:
    European Union, Global, United Kingdom, Corporate Finance/M&A, Derivatives, Insolvency & Restructuring, Public, Trade & Customs, Weil Gotshal & Manges LLP, Brexit, UNCITRAL
    Location:
    European Union, Global, United Kingdom
    Firm:
    Weil Gotshal & Manges LLP
    Financial Regulatory Developments Focus - Issue 1/10/2018
    2018-01-10

    FINANCIAL INSTITUTIONS ADVISORY & FINANCIAL REGULATORY GROUP NEWSLETTER JANUARY 10, 2018 ISSUE 1/2018 Financial Regulatory Developments Focus In this week’s newsletter, we provide a snapshot of the principal U.S., European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset managers and corporates. Click here if you wish to access our Financial Regulatory Developments website.

    Filed under:
    European Union, United Kingdom, USA, New York, Banking, Capital Markets, Company & Commercial, Derivatives, Insolvency & Restructuring, IT & Data Protection, Securitization & Structured Finance, White Collar Crime, A&O Shearman, Federal Reserve Board, US Securities and Exchange Commission, Financial Conduct Authority (UK), European Commission, European Banking Authority, Federal Deposit Insurance Corporation (USA), Financial Stability Oversight Council, New York State Department of Financial Services, MiFID
    Location:
    European Union, United Kingdom, USA
    Firm:
    A&O Shearman
    Across The EUniverse - Number Twenty three
    2017-10-31

    Summer is over and Autumn is truly upon us bringing back many of the winds that seemed die down in the golden summer of Macron. Eurosceptic parties have made electoral gains in Germany and in Austria and the same has now happened in the Czech Republic. The hope that Macron and Merkel could push forward a strong integrationist agenda have faded somewhat as the German liberal party (and possibly the German Supreme Court) fight against common budgets and fiscal transfers.

    Filed under:
    European Union, Italy, Employment & Labor, Insolvency & Restructuring, Insurance, Litigation, Public, Trade & Customs, Nctm Studio Legale, Punitive damages, Gig economy, European Parliament
    Location:
    European Union, Italy
    Firm:
    Nctm Studio Legale
    EBS v Kenehan - The Role of Unfair Contract Terms Law in Repossession Actions
    2017-11-06

    Although many sectors of the Irish economy are experiencing the benefits of economic upturn, a number of Irish homeowners are still dealing with the after-effects of the recession. In this context, some defaulted homeowners are defending repossession proceedings by banks and alternative lenders relying on the EU Directive on Unfair Contract Terms ("UCTD").

    Filed under:
    European Union, Ireland, Banking, Insolvency & Restructuring, Litigation, Maples Group, CJEU, European Convention on Human Rights
    Authors:
    John Breslin
    Location:
    European Union, Ireland
    Firm:
    Maples Group

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