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    ‘Twas the night before trial… Carillion NED test case dropped the eve before trial
    2023-12-15

    October found relief for both non-executive director’s and the D&O insurance market as the Carillion non-executive director 'test case' was abandoned the day before trial.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Insurance, Litigation, Browne Jacobson LLP, Financial Conduct Authority (UK), Carillion, Insolvency Service (UK), Companies Act 2006 (UK)
    Authors:
    Tim Johnson
    Location:
    United Kingdom
    Firm:
    Browne Jacobson LLP
    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
    Carillion disqualification proceedings dropped - but where next for NEDs?
    2023-11-29

    On 13 October 2023, the Insolvency Service (IS), acting on behalf of the Secretary of State for Business and Trade, discontinued the disqualification proceedings which it had initiated against five former non-executive directors (NEDs) of Carillion plc, the construction and outsourcing giant that collapsed into liquidation in 2018.

    Filed under:
    United Kingdom, Company & Commercial, Compliance Management, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Macfarlanes LLP, Corporate governance, Financial Conduct Authority (UK), Carillion, Insolvency Service (UK), Companies Act 2006 (UK), Sarbanes-Oxley Act 2002 (USA)
    Authors:
    Lois Horne , Mark Edwardes Jones , Noel Newman , Madeleine Brown
    Location:
    United Kingdom
    Firm:
    Macfarlanes LLP
    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
    Received a winding-up petition? 9 things you need to consider
    2023-11-09

    A winding up petition is a legal document that can be served by a company’s creditors when they are owed money by the company. If the debt amounts to £750 or more, then a creditor has the right to go to court and ask for a winding up petition to be issued, although courts view this remedy as something that should be reserved for when a company is genuinely believed to be insolvent, and not simply used as a means of debt collection.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Lincoln & Rowe, Financial Conduct Authority (UK)
    Authors:
    Dipesh Dosani
    Location:
    United Kingdom
    Firm:
    Lincoln & Rowe
    Corporate Law Update: 4 - 10 November 2023
    2023-11-10

    This week:

    Filed under:
    United Kingdom, Capital Markets, Company & Commercial, Compliance Management, Environment & Climate Change, Insolvency & Restructuring, Litigation, Macfarlanes LLP, Corporate governance, Gender pay gap, Articles of association, Cryptocurrency, ESG, Financial Conduct Authority (UK), Corporate Governance Code 2018 (UK)
    Authors:
    Dominic Sedghi , Richard Burrows
    Location:
    United Kingdom
    Firm:
    Macfarlanes LLP
    Carillion NED test case proceedings dropped - A reminder about D&O insurance
    2023-11-03

    The UK Government's abandonment of the case will come as a relief to non-executive directors who feared being held to unrealistic standards

    The Insolvency Service (IS), acting on behalf of the Secretary of State for Business and Trade, commenced disqualification proceedings against five former non-executive directors (NEDs) of Carillion plc in January 2021, following the compulsory liquidation of the Carillion Group in January 2018. Last month on the eve of trial, the IS discontinued its disqualification proceedings against the NEDs.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Herbert Smith Freehills LLP, Financial Conduct Authority (UK), Carillion, Insolvency Service (UK)
    Authors:
    Greig Anderson , Hannah Warren
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    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 Cryptoasset Regulation: Three Key Updates
    2023-11-02

    On 30 October 2023, HM Treasury (“HMT”) published 3 key updates on its proposed approach to regulating cryptoassets under the UK’s financial services regulatory framework, namely:

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, CMS Cameron McKenna Nabarro Olswang LLP, Blockchain, Mediation, Cryptocurrency, Anti-money laundering, Non-fungible tokens, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, Payment Systems Regulator (UK)
    Authors:
    Chris Glennie , Sam Robinson , Mike Ringer , Susann Altkemper , Yasmin Johal , Justin Kwik
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Carillion NED “test case” proceedings dropped - a reminder about D&O insurance
    2023-11-02

    The Insolvency Service (IS), acting on behalf of the Secretary of State for Business and Trade, commenced disqualification proceedings against five former non-executive directors (NEDs) of Carillion plc in January 2021, following the compulsory liquidation of the Carillion Group in January 2018. Last month on the eve of trial, the IS discontinued its disqualification proceedings against the NEDs.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Herbert Smith Freehills LLP, Financial Conduct Authority (UK), Carillion, Insolvency Service (UK)
    Authors:
    Greig Anderson , Hannah Warren
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP

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