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    Leap in crypto currency ownership = time for an insolvency refresher?
    2023-06-08

    ne in three of us own crypto currencies, crypto ownership is estimated to have doubled in the UK last year – and two of the world’s biggest crypto exchanges face lawsuits from the securities regulator, the SEC, in the US. Three statistics from the FT this week that put warnings from the UK’s financial regulator – that crypto is largely unregulated and high risk, and investors should be prepared to lose all their money – into context. The FCA noted that it is up to consumers to decide whether to buy crypto, but that many regret making a hasty decision.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Stevens & Bolton LLP, Cryptocurrency, Insolvency, Financial Conduct Authority (UK)
    Authors:
    Joanna Charter
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    The AVANTI spectrum Refinement to the legal characterisation of a charge as fixed or floating
    2023-05-26

    The characterisation of a charge as fixed or floating can have significant ramifications for the chargee on chargor’s insolvency. This is because the holder of a fixed charge enjoys significant advantage, in terms of the order of priority of distributions to creditors, over a floating charge holder.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, DLA Piper, Financial Conduct Authority (UK), HM Revenue and Customs (UK)
    Authors:
    David Ampaw , Roya Panahi
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Insolvency practitioners beware: Court denies application to extend convening period
    2023-05-23

    Introduction

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Gilbert + Tobin, Insolvency, Financial Conduct Authority (UK), Corporations Act 2001 (Australia)
    Authors:
    Peter Bowden , Becci Cartoon
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    FOS: time limits for DISP complaints
    2023-05-19

    When a customer is made bankrupt, whose knowledge is relevant to start time running under the extra three-year time bar rules in DISP 2.8.2R(2)(b)?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, TLT LLP, Financial Conduct Authority (UK), Limitation Act 1980 (UK)
    Authors:
    Sam McCollum , Amy Earlam
    Location:
    United Kingdom
    Firm:
    TLT LLP
    First ever unsecured credit bid approved by the Courts - Re Sova Capital Ltd [2023] EWHC 452 (Ch)
    2023-05-04

    Sova Capital Ltd (“Sova”) was an FCA authorised and regulated broker. Before it went into Special Administration, Sova provided investment brokerage services to institutional and corporate clients, mostly trading in the Russian market.

    Filed under:
    Russia, United Kingdom, Insolvency & Restructuring, Trade & Customs, Burges Salmon LLP, Sanctions, Financial Conduct Authority (UK)
    Authors:
    Michael Duncan
    Location:
    Russia, United Kingdom
    Firm:
    Burges Salmon LLP
    UK High Court Hands Down Decision in Sova Capital
    2023-03-27

    Key Points

    Filed under:
    European Union, United Kingdom, USA, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Financial Conduct Authority (UK)
    Authors:
    Prav Reddy , Sonya Van de Graaff , Mark Johnson , Dominique Hodgson
    Location:
    European Union, United Kingdom, USA
    Firm:
    Katten Muchin Rosenman LLP
    High Court hands down first reported decision approving an unsecured credit bid in administration
    2023-03-20

    The High Court has approved the sale of a portfolio of securities owned by Sova Capital Limited (Sova) to an unsecured creditor in consideration of the release of that creditor’s claim. The court’s approval of the transaction in this case marks the first reported decision on an unsecured credit bid for the assets of a company in administration (Re Sova Capital Limited (in special administration) [2023] EWHC 452 (Ch)).

    Facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Stevens & Bolton LLP, Financial Conduct Authority (UK)
    Authors:
    Tim Carter , Louise Corcoran
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    Unsecured "credit bid" for assets of a company in special administration
    2023-03-15

    Summary

    Filed under:
    United Kingdom, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown, Sanctions, Financial Conduct Authority (UK), High Court of Justice (England & Wales)
    Authors:
    Trevor Borthwick , Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Silicon Valley Bank - what happens now?
    2023-03-14

    This article provides information regarding what will now happen to the operations and business of the UK arm of Silicon Valley Bank (SVB UK) after the sale (the Sale) of SVB UK to HSBC’s ring-fenced UK subsidiary, HSBC UK Bank plc (HSBC).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Macfarlanes LLP, Financial Conduct Authority (UK), Federal Deposit Insurance Corporation (USA), HM Treasury (UK), HSBC, Bank of England, Prudential Regulation Authority (UK), Silicon Valley Bank, Banking Act 2009 (UK)
    Authors:
    Paul Keddie , Jatinder Bains , Richard Fletcher
    Location:
    United Kingdom
    Firm:
    Macfarlanes LLP
    Silicon Valley Bank UK Limited - successful rescue showcases the UK Special Resolution Regime in action
    2023-03-13

    Summary

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Mayer Brown, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, Prudential Regulation Authority (UK), Banking Act 2009 (UK)
    Authors:
    Devi Shah , Musonda Kapotwe , Sheena Frazer , Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown

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