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    EMEA Regulatory Capital Chart
    2017-05-24

    Regulatory capital requirements for prudentially supervised financial services companies across Europe are complex and changing rapidly. To keep track of the regulatory framework in the region, we have brought together the essential features of bank regulation in our EMEA Regulatory Capital wall chart.

    Filed under:
    European Union, Banking, Capital Markets, Insolvency & Restructuring, White & Case, Financial regulation, Investment company, Bank regulation, Capital requirement, European Economic Area, European Banking Authority, Capital Requirements Directives
    Authors:
    James Greig , Stuart Willey , Dr. Andreas Wieland , Richard Pogrel , Dr. Dennis Heuer , Cenzi Gargaro
    Location:
    European Union
    Firm:
    White & Case
    Mandatory bail-in clause in agreements of banks and investment firms
    2015-11-19

    Legislation implementing the EU Bank Recovery and Resolution Directive ("BRRD") in Netherlands law and facilitating the application of the EU Single Resolution Mechanism Regulation ("SRM Regulation") was approved by the Upper Chamber of the Netherlands parliament on 10 November 2015 and is expected to enter into force before the end of this year. The new law – the "European Framework for the Recovery and Resolution of Credit Institutions and Investment Firms Implementation Act" – will be referred to below as the "Implementation Act".

    Filed under:
    European Union, Netherlands, Banking, Insolvency & Restructuring, Insurance, NautaDutilh, Bailout, Investment company
    Authors:
    Pim Rank , Larissa Silverentand , Frans van der Eerden , Jasha Sprecher , Sven Uiterwijk
    Location:
    European Union, Netherlands
    Firm:
    NautaDutilh
    EU Commission proposes Crisis Management Directive
    2012-07-23

    Following some delay, on June 6, 2012 the European Commission finally published its Proposal for a Directive of the European Parliament and the Council establishing a framework for the recovery and resolution of credit institutions and investment firms (so-called Crisis Management Directive1 or CMD), which — once adopted — will apply to the 27 member states of the European Union (EU), but may also have relevance for those three contracting states of the Treaty on the European Economic Area (EEA), which are not member states of the EU.

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Latham & Watkins LLP, Investment company, Direct effect of EU law, European Commission, European Economic Area, European Banking Authority
    Authors:
    Daniel Ehert , Uwe Eyles , Markus E. Krüger , C. Mark Nicolaides
    Location:
    European Union
    Firm:
    Latham & Watkins LLP
    Bicycle manufacturer must repay €5.2 million of aid
    2007-02-05

    The German Government is required by the European Commission ("Commission") to seek repayment of €5.2 million in aid from the bicycle group, Biria. The aid comprised two guarantees and “silent participation” (investor received remuneration but no shares) by a public investment company and the German Land of Saxony to subsidiaries within the Biria group. Although Germany argued that the “silent participation” was provided upon market conditions, the Commission did not accept that it met the private market investor test.

    Filed under:
    European Union, Germany, Insolvency & Restructuring, Nabarro LLP, Share (finance), Investment company, Subsidiary, European Commission
    Location:
    European Union, Germany
    Firm:
    Nabarro LLP
    Recovery and resolution of banks and investment firms – new legislation in force in Finland
    2015-02-16

    Finland implemented the EU resolution and recovery regime for credit institutions and investment firms by the deadline at the turn of the year. The Finnish regulations apply to all local banks and intermediaries until 1 January 2016 when the most significant Finnish financial institutions will become part of the EU’s Single Resolution Mechanism (SRM).

    Filed under:
    Finland, Banking, Insolvency & Restructuring, Castrén & Snellman, Investment company, Banking union
    Authors:
    Janne Lauha , Pekka Jaatinen , Pauliina Tenhunen
    Location:
    Finland
    Firm:
    Castrén & Snellman
    Bear Stearns redux: ruling denying chapter 15 recognition to Cayman Islands hedge funds upheld on appeal
    2008-08-01

    The failed bid of liquidators for two hedge funds affiliated with defunct investment firm Bear Stearns & Co., Inc., to obtain recognition of the funds’ Cayman Islands winding-up proceedings under chapter 15 of the Bankruptcy Code was featured prominently in business headlines during the late summer and fall of 2007.

    Filed under:
    Cayman Islands, USA, New York, Insolvency & Restructuring, Private Client & Offshore Services, Jones Day, Bankruptcy, Debtor, Consumer protection, Injunction, Hedge funds, Subprime lending, Liquidation, Investment company, UNCITRAL, Bear Stearns, Title 11 of the US Code, United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    Cayman Islands, USA
    Firm:
    Jones Day
    Delaware Bankruptcy Court grants Chapter 15 protection over U.S. assets of Cayman Islands fund in liquidation
    2010-01-26

    In a recent decision, the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”) granted protection over the U.S. assets of a Cayman Islands exempted company in liquidation. See Revised Order Recognizing Foreign Proceeding (the “Order”), In re Saad Investments Finance Company (No.5) Limited (“SIFCO5”), Case No. 09-13985 (KG) (Bankr. D. Del. Dec. 17, 2009) (Docket No. 47). The company, SIFCO5, is subject to official liquidation proceedings in the Cayman Islands, which the Bankruptcy Court found was eligible for relief under chapter 15 of the U.S.

    Filed under:
    Cayman Islands, USA, Delaware, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Schulte Roth & Zabel LLP, Debtor, Privately held company, Hedge funds, Limited partnership, Liquidation, Investment company, Liquidator (law), Barclays, Bear Stearns, US Code, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware, US District Court for the Southern District of New York
    Authors:
    Harry S. Davis , Karen S. Park , Brian D. Pfeiffer
    Location:
    Cayman Islands, USA
    Firm:
    Schulte Roth & Zabel LLP
    Cayman investment company obtains Chapter 15 protection in the United States
    2010-02-19

    The United States’ Bankruptcy Court for the District of Delaware has recognised the liquidation of a Cayman company, Saad Investments Finance Company (No5) Limited (“SIFCO5”) (an SPV established to operate as an investment company), as a “foreign main proceeding” under Chapter 15 of the United States’ Bankruptcy Code.

    Recognition of the liquidation as foreign main proceedings provides for an automatic stay of proceedings with respect to any assets of SIFCO5 within the United States, amongst other things.

    Filed under:
    Cayman Islands, USA, Delaware, Insolvency & Restructuring, Litigation, Harneys, Interest, Limited liability partnership, Liquidation, Investment company, Liquidator (law), Bear Stearns, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware
    Location:
    Cayman Islands, USA
    Firm:
    Harneys
    LAG nürnberg erklärt Contractual Trust Arrangement für nicht insolvenzfest
    2013-06-24

    In einer vor wenigen Tagen veröffentlichten Entscheidung vom 14. November 2012 (2 Sa 837/10) hat das LAG Nürnberg sich mit den Anforderungen an die Insolvenzfestigkeit eines Contractual Trust Arrangements (CTA) beschäftigt. Im Ergebnis hat es dem streitgegenständlichen CTA die Insolvenzfestigkeit abgesprochen.

    Hintergrund

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Mayer Brown, Investment company
    Authors:
    Dr. Nicolas Rößler, LL.M. , Dr. Marco Wilhelm , Dr. Guido Zeppenfeld
    Location:
    Germany
    Firm:
    Mayer Brown
    High time to review prohibition on litigation funding
    2018-08-31

    The Supreme Court has again urged the legislature to consider whether the outright prohibition on professional litigation funding and the assignment of bare causes of action continues to be warranted as the ever-increasing cost of litigation is putting access to the courts beyond the reach of many.

    While the Court accepted that this is an area in need of careful and considered legislative reform, it warned that unless a real effort is made by the legislature to improve access to justice, it will have "no option" but to step in, "undesirable and all as unregulated change might be."

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, White Collar Crime, Arthur Cox LLP, Shareholder, Fraud, Liquidation, Investment company
    Authors:
    Michael Twomey , Tara Roche
    Location:
    Ireland
    Firm:
    Arthur Cox LLP

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