NautaDutilh
Introduction of senior non-preferred debt in the Netherlands
3 April 2018
FCS Financial Law
KEY TAKEAWAYS
A new EU Directive adopted in December 2017 will enable EU banks, large investments firms and relevant group companies (e.g. holding companies) to issue so-called 'senior non-preferred' debt instruments.
Such senior non-preferred debt will rank senior to regulatory capital instruments (CET1, AT1 and Tier 2) and other subordinated debt, but junior to the institution's senior debt (such as deposits and ordinary creditors).
Germany needs more professional insolvency courts: this is the opinion of more than 90 per cent of the experts surveyed in the insolvency law analysis “InsO Survey 2018” which has now been presented by the management consulting firm McKinsey & Company and the law firm Noerr.
FINANCIAL REGULATORY DEVELOPMENTS FOCUS APR 26, 2018 ISSUE 16/2018 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. The latest Governance & Securities Law Focus is available here.
EU (Withdrawal) Bill may be passed by UK Parliament. Its purpose is to repeal the European Communities Act 1972 and, so far as possible, import EU law that would otherwise fall away into UK law
The Construction (Retention Deposit Schemes) Bill is expected to have its second reading debate
On 23 April 2018, the European Commission opened an in-depth investigation to determine whether the 900 million euro loan granted to the airline Alitaliacomplies with European Union rules for aid to companies in difficulty.
MAY 23, 2018/20 FINANCIAL REGULATORY DEVELOPMENTS FOCUS Proxima Nova A ExCn 35pt 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. IN THIS ISSUE AML/CTF, Sanctions and Insider Trading ..............................................................................................................
2018 will be a year of change, challenges and opportunities for banks and financial services providers.
Financial Regulation Weekly Bulletin 22 February 2018 / Issue 950 Major UK and European regulatory developments of interest to banks, insurers and reinsurers, asset managers and other market participants Selected Headlines General FinTech innovation – FCA and CFTC sign cooperation arrangement 1.1 Using technology to achieve smarter regulatory reporting – FCA launches call for input 1.2 Brexit Implementation period – DExEU publishes draft text for discussion 5.1 The impact of Brexit on wholesale financial services contracts – AFME publishes FAQs 6.1 Banking and Finance Implications of FinTec
DOMESTIC
Research on the impact of repossession risk on mortgage default
Terry O’Malley published an economic letter considering whether reducing the risk of repossession resulted in more Irish borrowers defaulting on their mortgages. The letter considers the impact of the ''Dunne judgment'' in 2011 which temporarily removed a bank's ability to lawfully repossess a home. One of the key findings was that borrowers defaulted on mortgages at a higher rate than if the repossession regime at the time was legally upheld.
This paper addresses the issues for international recognition of reconstruction and insolvency proceedings affecting international banks raised by the United Kingdom’s decision to leave the European Union, and considers what the United Kingdom and the European Union and its member states could do to address the potential loss of recognition and cooperation, as well as possible wider international initiatives. The relation of this issue to the World Trade Organization’s General Agreement on Trade in Services is also considered.