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    New Regulation on Urgent Measures for Financial Matters for Credit Cooperatives
    2017-07-31

    Royal Decree-Act 11/2017 of 23 June, on urgent measures for financial matters

    Filed under:
    Spain, Banking, Capital Markets, Insolvency & Restructuring, Squire Patton Boggs, Credit (finance), Security (finance), Financial regulation, Subordinated debt, European Committee for Standardization
    Location:
    Spain
    Firm:
    Squire Patton Boggs
    Joint Forum releases review of the differentiated nature and scope of financial regulation
    2010-01-09

    Yesterday the Joint Forum, a group established in 1996 by the Basel Committee on Banking Supervision (BCBS), the International Organization of Securities Commissions (IOSCO) and the International Association of Insurance Supervisors (IAIS) to deal with issues common to the banking, securities, and insurance sectors, released “Review of the Differentiated Nature and Scope of Financial Regulation – Key Issues and Recommendations”, which addresses key issues and recommendations on the differenti

    Filed under:
    Global, Banking, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Security (finance), Hedge funds, Credit risk, Mortgage loan, Financial regulation, Underwriting, Capital requirement, Leverage (finance), Parent company, Financial Stability Board, Office of the Comptroller of the Currency (USA), International Organization of Securities Commissions
    Authors:
    Alice Green
    Location:
    Global
    Firm:
    Alston & Bird LLP
    United Arab Emirates Law Year in Review 2016 and Year to Come 2017
    2017-01-05

    Year in Review - United Arab Emirates Law in 2016

    Filed under:
    Middle East, United Arab Emirates, DIFC, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Insolvency & Restructuring, Litigation, Tax, Linklaters LLP, Financial regulation, Joint-stock company, Gulf Cooperation Council, Dubai International Financial Centre, Court of Appeal of England & Wales, DIFC Courts
    Location:
    Middle East, United Arab Emirates
    Firm:
    Linklaters LLP
    Bankruptcy DSB Bank
    2009-11-09

    DSB Bank (DSB), a small Dutch lender, has been declared bankrupt on 19 October 2009. Other Dutch banks will now have to guarantee DSB's deposits. The Dutch central bank said on 19 October 2009 that it had activated the national deposit guarantee system to deal with the bankruptcy, and that it expects eligible depositors to be reimbursed by Christmas. The banks will have to pay into the guarantee system in proportion to their market share.

    Filed under:
    Netherlands, Banking, Insolvency & Restructuring, Norton Rose Fulbright, Bankruptcy, Debt, Mortgage loan, Financial regulation, Consortium, Central bank
    Authors:
    Floortje Nagelkerke
    Location:
    Netherlands
    Firm:
    Norton Rose Fulbright
    Netting Law allows settlement of qualified financial contracts
    2018-11-19

    The UAE has issued by Decree Federal Law No. (10) of 2018 on Netting (theUAE Netting Law), with the aim of strengthening the regulatory framework for the settlement of obligations arising from qualified financial contracts. Parties to a contract previously relied on Article 183 of Federal Law No. (9) of 2016 on Bankruptcy (the Bankruptcy Law) to settle debts agreed to under a contract, provided that it is within the context of insolvency and that such contract does not fall within the claw-back provisions (Article 168 of the Bankruptcy Law).

    Filed under:
    United Arab Emirates, Derivatives, Insolvency & Restructuring, Baker McKenzie, Bankruptcy, Debt, Financial regulation, International Swaps and Derivatives Association
    Authors:
    Mazen Boustany , Matthew Shanahan
    Location:
    United Arab Emirates
    Firm:
    Baker McKenzie
    Abu Dhabi Global Market publishes new commercial regulations and begins financial regulation consultation
    2015-07-14

    On 15 June 2015, the Abu Dhabi Global Market (Global Market), Abu Dhabi’s financial free zone, published the following six new regulations concerning the regulation of non-financial services in the Global Market:

    Filed under:
    United Arab Emirates, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Real Estate, Latham & Watkins LLP, Financial regulation
    Authors:
    Christopher Lester , Heather M. Newman
    Location:
    United Arab Emirates
    Firm:
    Latham & Watkins LLP
    Lehman case blows a hole in FSA's client money rules
    2010-03-03

    Protecting clients’ money and assets has been a pillar of the UK financial regulatory regime. The obligation on regulated entities to “…arrange adequate protection for clients’ assets when it is responsible for them” is enshrined in Principle 10 of the Principles of Business Sourcebook of the Financial Services Authority (FSA) Handbook. The FSA has made rules to protect client money by requiring FSA regulated entities to hold such money in trust accounts (the Client Money Rules).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Locke Lord LLP, Share (finance), Legal personality, Financial regulation, Mediation, Investment company, Lehman Brothers, FSA
    Authors:
    Peter Fidler , Melissa Oxnam , Kendall Evans
    Location:
    United Kingdom
    Firm:
    Locke Lord LLP
    The will to live: recovery and resolution plans for UK banks
    2009-12-29

    Making a will is regarded by most individuals as a necessary irritant ranking in popularity somewhere below a visit to the dentist or doctor. Following the unprecedented instability in the global financial markets since 2007, “systemic” risk (posed by the potential failure of large or complex cross-border financial institutions) was identified by regulators and legislators as one of the key areas requiring better supervision, in order to prevent a similar crisis in the future.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Morrison & Foerster LLP, Public consultations, Investment banking, Financial regulation, Systemic risk, Advance healthcare directive, HM Treasury (UK), FSA, Banking Act 2009 (UK)
    Authors:
    Peter J. Green , Jeremy C. Jennings-Mares
    Location:
    United Kingdom
    Firm:
    Morrison & Foerster LLP
    Blunting the effect of 'ipso facto clauses' - a reasonable interference with freedom of contract?
    2018-10-22

    The Government has announced that it will legislate to prohibit the enforcement of certain contractual termination clauses ('ipso facto clauses').

    As with other aspects of the response to recent insolvency and corporate governance consultations, this has given us pause for thought.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Macfarlanes LLP, Debtor, Debt, Financial regulation, Liquidation, World Bank
    Authors:
    Jatinder Bains , Simon Beale , Paul Keddie , Jamie Macpherson
    Location:
    United Kingdom
    Firm:
    Macfarlanes LLP
    NAFH National Bank acquires all the deposits of two institutions in Florida and one institution in South Carolina in second use of OCC “shelf charter”
    2010-07-19

    On Friday, the Florida Office of Financial regulation closed Metro Bank of Dade County, headquartered in Miami, Florida, and Turnberry Bank, headquartered in Aventura, Florida, and the OCC closed

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Financial regulation, Subsidiary, Federal Deposit Insurance Corporation (USA)
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP

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