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    FSA consults on EMIR portability, client money sub-pools and CASS
    2012-09-14

    FSA has launched a consultation and discussion paper on proposals to bring the Client Assets Sourcebook (CASS) in line with EMIR. More generally, it wants to make CASS client money pooling provisions more flexible and address the problems identified during the Lehman and MF Global insolvencies.

    The proposals cover the following:

    Filed under:
    United Kingdom, Capital Markets, Insolvency & Restructuring, Dentons
    Location:
    United Kingdom
    Firm:
    Dentons
    FSA publishes insurance fairness undertaking
    2011-12-22

    FSA has published an undertaking Legal & General has given under the Unfair Terms in Consumer Contracts Regulations (UTCCR), in relation to its home insurance policies. It held that certain critical expressions in the policy were potentially so wide that it was hard for a customer to know what was excluded. The insurer agreed to make its wording easier to understand. (Source: FSA Publishes Insurance UTCCR Undertaking)

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons
    Location:
    United Kingdom
    Firm:
    Dentons
    Treasury publishes investment firm administration responses
    2011-01-14

    Treasury has published the 12 responses it received to its consultation on a special administration regime for investment firms resolution and draft legislation that takes into account its views on the responses. One Order clarifies that the definition of “client assets” includes money, but not money held in respect of insurance mediation. The other sets out the new regime. Respondents broadly supported the proposals and favoured an approach that would require the return of all client money and assets, not just segregated ones.

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Insurance, Dentons, Over-the-counter (finance), Investment banking, Mediation, Default (finance), Investment company, HM Treasury (UK), Trustee
    Location:
    United Kingdom
    Firm:
    Dentons
    Commission approves Northern Rock split
    2009-10-30

    The Commission has agreed a plan to split Northern Rock into two banks, a “good” and a “bad” one. The “good” bank will carry on the economic activities of Northern Rock and the “bad” one will be an asset management company that will run down the remaining business. The Commission found the UK Government had kept state aid to a minimum in planning the restructuring. Treasury is pleased with the approval, which it says will allow Northern Rock to return to the mortgage markets while the back book of mortgages is managed separately.

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Dentons, Retail, Asset management, Mortgage loan, State aid, HM Treasury (UK)
    Authors:
    Robert Finney
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    New dawn or more of the same? Opinion on the latest round of insolvency regime changes in the financial institutions sector
    2021-11-12

    Executive summary

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Coronavirus, Financial Conduct Authority (UK), Bank of England
    Authors:
    Neil Griffiths , Mark Price
    Location:
    United Kingdom
    Firm:
    Dentons
    Corporate Insolvency and Governance Act 2020 comes into force
    2020-06-29

    On 26 June, the long-awaited Corporate Insolvency and Governance Act 2020 became law providing the UK (but with separate provisions for Northern Ireland) with temporary and permanent changes to insolvency law aimed at helping businesses manage the economic implications of COVID-19 including:

    Permanent measures

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Coronavirus
    Authors:
    Neil Griffiths , Ian Fox , Tessa Blank , Celia Hayward , Richard Pallot-Cook
    Location:
    United Kingdom
    Firm:
    Dentons
    Business rates mitigation schemes - The Court of Appeal refuses to "pierce the corporate veil"
    2019-03-27

    In a decision to be welcomed by ratepayers, the Court of Appeal in Rossendale Borough Council and others v. Hurstwood Properties (A) Limited and others [2019] EWCA Civ 364 has confirmed that certain types of mitigation schemes are not sufficient to pierce the corporate veil and transfer liability for business rates to the beneficiaries of those schemes.

    Liability for business rates

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Dentons
    Location:
    United Kingdom
    Firm:
    Dentons
    The Great Brexit Debate
    2016-06-24

    Introduction

    Filed under:
    European Union, OECD, United Kingdom, Capital Markets, Competition & Antitrust, Designs and trade secrets, Employment & Labor, Environment & Climate Change, Insolvency & Restructuring, IT & Data Protection, Public, White Collar Crime, Dentons, Brexit
    Location:
    European Union, OECD, United Kingdom
    Firm:
    Dentons
    Top tips: buying from an insolvent company
    2014-07-09

    The Restructuring, Insolvency and Bankruptcy Group considers the legal, commercial and practical issues.

    Do a deal quickly!

    Often it is in the interests of both buyer and seller to negotiate and complete a deal as soon as possible to preserve value in the business before goodwill is tainted with any stigma of insolvency or key employees, suppliers or customers leave the business.

    Buy the business not the shares

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Due diligence
    Authors:
    Nigel Barnett , Catherine Astruc , Celia Hayward
    Location:
    United Kingdom
    Firm:
    Dentons
    Industry responds to Treasury informal consultation on segregation and porting
    2012-09-14

    Several industry associations (ISDA, BBA and FOA – the futures and options association) have responded to a Treasury informal consultation on the need to carve out from English insolvency law the porting of clearing clients’ positions and margin. They agree on the need to ensure certainty around the porting option when a clearing member becomes insolvent. EMIR’s porting option should also apply where the clearing member is acting through back-to-back transactions and holds the client’s margin. The associations note that porting should be subject to agreement.

    Filed under:
    United Kingdom, Capital Markets, Derivatives, Insolvency & Restructuring, Dentons, International Swaps and Derivatives Association
    Authors:
    Roy Neillie
    Location:
    United Kingdom
    Firm:
    Dentons

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