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    Navigating Regulatory Compliance Investment Management Monthly Regulatory Update - March 2016
    2016-03-08

    lon_lib1\13867381\1 boothmi Navigating Regulatory Compliance Investment Management Monthly Regulatory Update March 2016 Navigating Regulatory Compliance Monthly Regulatory Update – March 2016 1. Introduction 1.1 It is our pleasure to welcome you to our first Monthly Regulatory Update for investment managers. We understand that compliance and business teams have day jobs and therefore this regulatory update provides commentary on those items which we think are important. 1.2 The Appendix lists each of the relevant announcements by the FCA, ESMA, European Parliament and other bodies.

    Filed under:
    European Union, Banking, Capital Markets, Insolvency & Restructuring, Eversheds Sutherland (International) LLP, Regulatory compliance, Investment management, Financial Conduct Authority (UK), European Commission, Undertakings for Collective Investment in Transferable Securities Directive (2009/65/EC)
    Location:
    European Union
    Firm:
    Eversheds Sutherland (International) LLP
    Dutch court asks for preliminary rulings with regard to transfer of bankrupt daycare company
    2016-03-08

    Daycare company Estro was declared bankrupt in July 2014, but the undertaking was relaunched immediately, as the relaunch was prepared in a ‘pre-pack’ insolvency. All 3600 employees of the bankrupt company were dismissed by the administrator. About 2600 employees were immediately employed again by the relaunched company, which company was a so called ‘connected party’ as the shareholder also held a substantial part of the shares of Estro.

    Filed under:
    European Union, Netherlands, Insolvency & Restructuring, Litigation, Taylor Wessing, Bankruptcy, Trade union, Liquidation
    Authors:
    Ilona van de Klundert
    Location:
    European Union, Netherlands
    Firm:
    Taylor Wessing
    UK Corporate Restructuring After Brexit: an uncertain future
    2016-03-14

    Introduction

    A referendum on whether the UK should leave or remain within the EU will take place on 23 June 2016. This briefing considers what the legal consequences of a vote to leave the EU (Brexit) might be for the UK restructuring and insolvency market. Its purpose is not to influence readers towards either the “Leave” or “Remain” camp; rather, it is intended to illustrate the legal changes that Brexit would cause and to consider how the UK might respond to those changes.

    Filed under:
    European Union, Global, OECD, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Eversheds Sutherland (International) LLP, Brexit
    Authors:
    Jamie Leader
    Location:
    European Union, Global, OECD, United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    Court of Appeal case - of interest to Security Trustees
    2016-03-14

    Including an unsecured creditor  in an agreed payments waterfall does not by itself confer on that unsecured creditor  the benefit of a mortgagee’s usual duties on enforcement of security, or a direct claim against the sale proceeds.

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Unsecured creditor, Court of Appeal of England & Wales
    Authors:
    Ed Marlow
    Location:
    European Union, United Kingdom
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Geographical scope of wage claims in insolvent companies
    2016-03-18

    1. Employment in a Member State of workers resident therein by companies declared insolvent that, notwithstanding formal registration in a third country, have their real seat in said Member State

    Filed under:
    European Union, Employment & Labor, Insolvency & Restructuring, Litigation, Gomez-Acebo & Pombo Abogados, Wage, Court of Justice of the European Union
    Authors:
    Lourdes López Cumbre
    Location:
    European Union
    Firm:
    Gomez-Acebo & Pombo Abogados
    German banking market - on the move
    2016-03-22

    Executive Summary The German banking market is on the move. This presents opportunities for foreign investors who would like to enter the German financial market. However, in order to acquire an interest in a German financial institution, i.e. credit or financial services institution, an investor has to comply with a couple of specific regulatory requirements.

    Filed under:
    European Union, Germany, Banking, Capital Markets, Insolvency & Restructuring, Reed Smith LLP
    Authors:
    Dr. Simon G. Grieser , Constantin F. Conrads
    Location:
    European Union, Germany
    Firm:
    Reed Smith LLP
    Partial Payment of VAT Debt in Case of Arrangement with Creditors
    2016-03-23

    In case of arrangement with creditors under Article 160 of the Bankruptcy Law, Article 182-ter, introduced by Article 146 of D.Lgs. n. 5/2006, expressly states that taxpayers can propose a partial payment of income taxes, but not of VAT and withholding taxes, for which the payment can be only deferred.

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Litigation, Tax, Paul Hastings LLP, Value added tax, Debt
    Authors:
    Bernadette Accili
    Location:
    European Union
    Firm:
    Paul Hastings LLP
    European Commission Seeks Views on Harmonizing EU Insolvency Regimes under its Capital Markets Union Action Plan
    2016-03-31

    On March 23, 2016, the European Commission launched a consultation seeking views on key insolvency principles and standards which could ensure that national insolvency frameworks work in a cross-border context. The consultation is part of the Commission’s Capital Markets Union Action Plan which aims to remove barriers to the free flow of capital. Responses will be used to identify which aspects could be included in a legislative initiative or other related actions.

    Filed under:
    European Union, Capital Markets, Insolvency & Restructuring, A&O Shearman, European Commission
    Location:
    European Union
    Firm:
    A&O Shearman
    The Great Brexit Debate
    2016-04-01

    The Great Brexit Debate dentons.com Introduction The UK is now counting down to the 23 June 2016 referendum on whether to stay in or leave the European Union. Dentons summarises the background to this momentous choice, and takes a deeper look at some of the legal issues involved in some key areas that would be impacted by a vote to leave the EU.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Competition & Antitrust, Construction, Corporate Finance/M&A, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Human Rights, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Projects & Procurement, Public, Real Estate, Tax, Trade & Customs, Dentons
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    Should I stay or should I go now? What would Brexit mean for the domestic insolvency market?
    2016-03-01

    Before I hazard any kind of answer to the above, let me first declare my interest in the #Brexit / #Bremain debate, from the perspective of an insolvency lawyer.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Paris Smith LLP, Brexit
    Authors:
    Mike Pavitt
    Location:
    European Union, United Kingdom
    Firm:
    Paris Smith LLP

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