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    Gas Market Insolvencies in Great Britain: Legal, Regulatory and Insolvency Issues
    2022-11-09

    Over the past decade there has been an influx of small- and medium-sized entrants to the U.K. gas supplier market, which is supervised by Great Britain's[1] independent energy regulator, the Office of Gas and Electricity Markets (Ofgem).[2] According to Ofgem, this market development had the effect of increasing price competition and putting pressure on incumbent suppliers to improve customer service for consumers.[3]

    Filed under:
    United Kingdom, Derivatives, Energy & Natural Resources, Insolvency & Restructuring, A&O Shearman, Supply chain, Insolvency, Financial Conduct Authority (UK), European Commission, International Swaps and Derivatives Association, Bank of England, MiFID, Energy Act 2011 (UK)
    Location:
    United Kingdom
    Firm:
    A&O Shearman
    Selection and Organisation of Members and the Process of Formation
    2022-10-07

    Yen Sum and Hugo Bowkett, Latham & Watkins LLP

    This is an extract from the third edition of GRR's The Art of the Ad Hoc. The whole publication is available here.

    Introduction

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Global Restructuring Review, Non-disclosure agreement, US Securities and Exchange Commission, Financial Conduct Authority (UK)
    Location:
    USA
    Firm:
    Global Restructuring Review
    The Loan Market Association Transparency Guidelines
    2022-10-07

    Ross Miller, Simmons & Simmons LLP

    This is an extract from the third edition of GRR's The Art of the Ad Hoc. The whole publication is available here.

    Introduction

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Global Restructuring Review, Due diligence, Financial Conduct Authority (UK), Market Abuse Regulation (MAR) (2014/596/EU)
    Location:
    United Kingdom
    Firm:
    Global Restructuring Review
    Advising an Ad Hoc Committee
    2022-10-07

    Howard Morris and Sonya Van de Graaff, Morrison & Foerster LLP and Katten Muchin Rosenman LLP

    This is an extract from the third edition of GRR's The Art of the Ad Hoc. The whole publication is available here.

    Scope of the chapter

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Global Restructuring Review, Ad hoc committee, Financial Conduct Authority (UK), Bank of England, Companies Act 2006 (UK)
    Location:
    United Kingdom
    Firm:
    Global Restructuring Review
    Cryptoassets & Insolvency: Legal, Regulatory and Practical Considerations- September 2022
    2022-09-29

    Part I: Introduction and Background Cryptoassets & Insolvency 2 Introduction Cryptoassets have emerged from relative obscurity to become an increasingly significant and mainstream presence: in just five years the global market cap for cryptocurrencies rose from around $15bn to over $3tn at its peak in November of last year.

    Filed under:
    United Kingdom, USA, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, Litigation, Tax, White Collar Crime, A&O Shearman, Cryptocurrency, Initial coin offering, Cybersecurity, Anti-money laundering, Non-fungible tokens, Internal Revenue Service (USA), US Securities and Exchange Commission, Financial Conduct Authority (UK), Consumer Financial Protection Bureau (USA), Financial Crimes Enforcement Network (USA), HM Treasury (UK), Bank of England, Financial Services and Markets Act 2000 (UK), Banking Act 2009 (UK)
    Location:
    United Kingdom, USA
    Firm:
    A&O Shearman
    How should the UK manage the failure of stablecoin firms?
    2022-08-25

    In May 2022, HM Treasury published a consultation to take views on how best to regulate the failure of stablecoin companies using pre-existing insolvency legislation. Stablecoin companies are classed by the UK Government as systemic “digital settlement asset” (DSA) firms. A large failure could have a significant disruptive effect on the economy, so the area requires robust statutory processes in place to manage any wind-down.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Stewarts, Cryptocurrency, Insolvency, Financial Conduct Authority (UK), HM Treasury (UK), US Department of the Treasury, Bank of England
    Authors:
    Tim Symes
    Location:
    United Kingdom
    Firm:
    Stewarts
    Houst limited - the first SME restructuring plan and cram-down of HMRC
    2022-08-03

    On 22 July 2022, judgment was handed down in relation to the sanction of the first Part 26A restructuring plan to be proposed by a small–medium enterprise (SME) in Re Houst Limited [2022] EWHC 1941 (Ch). The restructuring plan (RP) procedure set out in Part 26A of the Companies Act 2006 (CA 2006) has been widely considered to be out of the reach of SMEs due to excessive cost. The decision is also an interesting one for other reasons, notably the cram-down of HMRC as a dissenting creditor.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Stevens & Bolton LLP, Coronavirus, Financial Conduct Authority (UK), HM Revenue and Customs (UK)
    Authors:
    Matthew Padian , Helen Martin
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    Estate agency wins unfair dismissal claim brought by bankrupt employee
    2022-08-04

    Anyone working in financial services will be aware of the requirement for individuals carrying out regulated roles to be "fit and proper". Clearly this is going to include solid personal finances and demonstrable honesty and integrity. The EAT decided that an estate agent who was dismissed because he became bankrupt and did not tell his employer was fairly dismissed.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Stevens & Bolton LLP, Unfair dismissal, Financial Conduct Authority (UK)
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    UK Financial Services and Markets Bills 2022
    2022-08-02

    The recently published Financial Services and Markets Bill (FSM Bill) is intended to recast the U.K.’s regulatory architecture post-Brexit. It was introduced to Parliament on 20 July 2022. The Bill implements the outcomes of the Future Regulatory Framework Review, which assessed whether the U.K.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Public, White Collar Crime, A&O Shearman, Corporate governance, Brexit, Bitcoin, Climate change, Cryptocurrency, Anti-money laundering, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, MiFID, Financial Services and Markets Act 2000 (UK), Markets in Financial Instruments Regulation (2014/600/EU)
    Authors:
    Barnabas (Barney) Reynolds , Thomas Donegan , Alexander Wood , Simon Dodds , Michael Scargill , Tom McKay , Wilf Odgers , Olivia Merrett , Chloe Barrowman , Sandy Collins
    Location:
    European Union, United Kingdom
    Firm:
    A&O Shearman
    UK financial services and markets bill 2022
    2022-08-01

    The recently published Financial Services and Markets Bill (FSM Bill) is intended to recast the U.K.’s regulatory architecture post-Brexit. It was introduced to Parliament on 20 July 2022. The Bill implements the outcomes of the Future Regulatory Framework Review, which assessed whether the U.K.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Public, White Collar Crime, A&O Shearman, Corporate governance, Brexit, Bitcoin, Climate change, Cryptocurrency, Anti-money laundering, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, MiFID, Financial Services and Markets Act 2000 (UK), Markets in Financial Instruments Regulation (2014/600/EU)
    Authors:
    Barnabas (Barney) Reynolds , Thomas Donegan , Alexander Wood , Simon Dodds , Michael Scargill , Tom McKay , Wilf Odgers , Olivia Merrett , Chloe Barrowman , Sandy Collins
    Location:
    European Union, United Kingdom
    Firm:
    A&O Shearman

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