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    Woodford: A line is drawn - The High Court approves the Link Fund Solutions Scheme of Arrangement
    2024-03-05

    On 9 February, the High Court handed down its judgement on Re Link Fund Solutions Ltd [2024] EWHC 250 (Ch) (the "Link Case").

    Filed under:
    United Kingdom, Capital Markets, Insolvency & Restructuring, Litigation, DAC Beachcroft, Financial Conduct Authority (UK), Companies Act 2006 (UK), Financial Services and Markets Act 2000 (UK)
    Authors:
    Joe Bannister , Giles Hindle , Rachel Yafet
    Location:
    United Kingdom
    Firm:
    DAC Beachcroft
    HFW Disputes Digest 2023
    2024-01-08

    HFW DISPUTES DIGEST 2023

    Welcome to the second annual Disputes Digest, in which we collate our 2023 global HFW LITIGATION and International Arbitration publications in one place.

    This edition includes updates from across our Disputes arena, including England and Wales, BVI, AsiaPac, and the Middle East.

    Filed under:
    European Union, Global, Hong Kong, Singapore, United Kingdom, USA, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Compliance Management, Derivatives, Environment & Climate Change, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, HFW, Know your customer, Blockchain, Employee Retirement Income Security Act 1974 (USA), Advertising, Climate change, Supply chain, Mediation, Fintech, Due diligence, Carbon neutrality, Cryptocurrency, ESG, Litigation funding, Anti-money laundering, Non-fungible tokens, Metaverse, Anti-bribery and corruption, Greenwashing, US Securities and Exchange Commission, Financial Conduct Authority (UK), Barclays, Consumer Financial Protection Bureau (USA), Google, European Council, Commodity Futures Trading Commission (USA), Competition and Markets Authority (UK), HSBC, Monetary Authority of Singapore, Bank of England, Singapore International Arbitration Centre, FTX, Silicon Valley Bank, Arbitration Act 1996 (UK), Federal Arbitration Act 1926 (USA), Financial Services and Markets Act 2000 (UK), UK Supreme Court
    Location:
    European Union, Global, Hong Kong, Singapore, United Kingdom, USA
    Firm:
    HFW
    The Payments Newsletter including Digital Assets & Blockchain, November 2023
    2023-12-06

    Key developments of interest over the last month include: IOSCO publishing its final Policy Recommendations for Crypto and Digital Asset (CDA) Markets; the UK government publishing a response to its previous consultation and call for evidence on proposals for the future financial services regulatory regime for digital assets as well as the FCA and Bank of England publishing proposals on the UK stablecoins regulatory regime; the European Parliament's ECON Committee publishing draft reports on the proposed PSD3 and Payment Services Regulation; and the UK government publishing a Future of Paym

    Filed under:
    European Union, Global, United Kingdom, Banking, Capital Markets, Compliance Management, Insolvency & Restructuring, IT & Data Protection, White Collar Crime, Hogan Lovells, Blockchain, Fintech, Cryptocurrency, Open banking, Anti-money laundering, Anti-bribery and corruption, Financial Conduct Authority (UK), European Commission, European Parliament, European Banking Authority, International Organization of Securities Commissions, HM Treasury (UK), Airbnb, HSBC, Amazon.com, LinkedIn, Bank of England, European Central Bank, Payment Systems Regulator (UK), PayPal, Bank of Italy, Financial Services and Markets Act 2000 (UK), Banking Act 2009 (UK), Financial Services and Markets Act 2023 (UK)
    Authors:
    Virginia Montgomery , Grace Wyatt
    Location:
    European Union, Global, United Kingdom
    Firm:
    Hogan Lovells
    Cryptoasset regulation: UK regulators give the industry a further glimpse of the future
    2023-11-27

    On 30 October 2023, HM Treasury (HMT) published three documents setting out how the UK government plans to regulate cryptoassets going forward:

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, Freshfields Bruckhaus Deringer, Cryptocurrency, Anti-money laundering, Non-fungible tokens, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, Payment Systems Regulator (UK), Prudential Regulation Authority (UK), Financial Services and Markets Act 2000 (UK), Financial Services and Markets Act 2023 (UK)
    Authors:
    Cyrus Pocha , Christopher Bernard , Noah Schmidt
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    HM Treasury Publishes Response to Consultation on Managing Failure of Systemic Digital Settlement Asset Firms
    2023-11-03

    HM Treasury has published a response to its consultation on managing the failure of systemic digital settlement asset firms.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, A&O Shearman, Cryptocurrency, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, Insolvency Act 1986 (UK), Financial Services and Markets Act 2000 (UK)
    Authors:
    Barnabas (Barney) Reynolds , Chloe Barrowman
    Location:
    United Kingdom
    Firm:
    A&O Shearman
    UK Government policy updates: Regulation of fiat-backed stablecoins and failure of systemic DSA firms
    2023-11-01

    On 30 October 2023, the UK government published an update on its legislative approach for regulating fiat-backed stablecoins, following on from its consultation on the UK regulatory approach to cryptoassets and stablecoins in January 2021, and the response to that consultation in April 2022. Alongside this, it published a response to its consultation on the approach to managing the failure of systemic digital settlement asset (DSA) (including stablecoin) firms.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Hogan Lovells, Cryptocurrency, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, Payment Systems Regulator (UK), Financial Services and Markets Act 2000 (UK), Banking Act 2009 (UK)
    Authors:
    John Salmon , Christina Wu , Virginia Montgomery
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    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
    UK introduces write-down procedure for insurers’ policyholder liabilities
    2023-09-14

    FSMA 2023 includes a court procedure for failing insurers to temporarily write-down liabilities, with implications for counterparties.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Latham & Watkins LLP, Insolvency, HM Treasury (UK), Prudential Regulation Authority (UK), Solvency II Directive (2009/138/EU), Financial Services and Markets Act 2000 (UK)
    Authors:
    Victoria Sander , Tim Scott
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    How might a restructuring plan provide an alternative to formal insolvency in England and Wales?
    2023-09-05

    Restructuring plans can provide companies in the early stages of financial difficulty with a flexible alternative to entering a formal insolvency procedure

    Under Part 26A of the Companies Act 2006 (CA 2006), companies or groups encountering financial difficulties affecting their ability to carry on business can propose a compromise or arrangement (a restructuring plan) which mitigates or eliminates the effects of those financial difficulties.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Osborne Clarke, Companies Act 2006 (UK), Financial Services and Markets Act 2000 (UK)
    Authors:
    Sam Furse , Douglas Hawthorn
    Location:
    United Kingdom
    Firm:
    Osborne Clarke
    A boost for UK financial services
    2023-07-31

    The U.K. Financial Services and Markets Act 2023

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Compliance Management, Insolvency & Restructuring, Public, Trade & Customs, A&O Shearman, Corporate governance, Fintech, Due diligence, Carbon neutrality, Cryptocurrency, Anti-money laundering, Financial Conduct Authority (UK), European Commission, HM Treasury (UK), House of Lords, Bank of England, European Securities and Markets Authority, Prudential Regulation Authority (UK), MiFID, Solvency II Directive (2009/138/EU), Financial Services and Markets Act 2000 (UK), Banking Act 2009 (UK), UK Supreme Court
    Authors:
    Barnabas (Barney) Reynolds , Thomas Donegan , Wilf Odgers , Elias Allahyari , Nicholas Ormondroyd , Sandy Collins , Chloe Barrowman , Michael Scargill
    Location:
    European Union, United Kingdom
    Firm:
    A&O Shearman

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