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    Treasury consults on better administration regime for insurers in difficulties
    2010-04-01

    Treasury is consulting on how to improve protection and payment of benefits for policyholders of insurers who get into financial difficulty. Historically, few insurers have been put into administration or liquidation, and none have been so seriously affected in the recent crisis. So Treasury thinks it is time to review the regime and suggests changes that would:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Dentons, Public consultations, Liquidation, Insolvency Act 1986 (UK), HM Treasury (UK)
    Authors:
    Robert Finney
    Location:
    United Kingdom
    Firm:
    Dentons
    Stopping collateral damage
    2008-11-04

    The Banking Bill recasts key aspects of bank supervision and insolvency. With such wide-ranging changes to digest, financial institutions and other companies could be forgiven for ignoring the seemingly obscure clauses relating to financial collateral. But these provisions could remove legal uncertainty for those taking collateral particularly in traded markets (like energy trading) where banks are not always the main players.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons, Collateral (finance), Security (finance), Credit risk, Judicial review, Companies Act 2006 (UK), Companies Act 1985 (UK), European Commission
    Location:
    United Kingdom
    Firm:
    Dentons
    An introduction to English insolvency procedures (and practical action to take)
    2020-10-29

    The stringent regulations introduced to avoid the spread of the Coronavirus (COVID-19) pandemic caused widespread disruption across UK sites. The consequent commercial challenges were too great for some businesses − despite government measures to help those facing financial difficulty. Inevitably, insolvencies followed.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Coronavirus
    Location:
    United Kingdom
    Firm:
    Dentons
    How would proposed changes to the UK's airline insolvency regime affect aircraft financiers and lessors?
    2019-07-11

    Background

    Filed under:
    European Union, United Kingdom, Aviation, Insolvency & Restructuring, Public, Dentons, Brexit
    Authors:
    Alexander Hewitt
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    Government's latest plans to reform the Corporate Insolvency Framework: what's hot and what's not?
    2016-12-06

    On 23 September the Insolvency Service published responses to its "Review of the Corporate Insolvency Framework consultation" which in May had suggested four key changes to the UK’s corporate insolvency regime:

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Public, Dentons
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    Helicopters, UK Cape Town ratification and English insolvency law - best leave well alone?
    2015-02-16

    The UK is to ratify the Cape Town Convention and its Aircraft Protocol (together, Cape Town). This may help UK aircraft operators access cheaper capital markets funding. But that cheaper funding may require the UK, in effect, to adopt Cape Town's "Alternative A" insolvency regime. Section 1110, US Bankruptcy Code (on which Alternative A is based) has worked well in US airline restructurings. But Alternative A may not mesh well with English insolvency law. Will Alternative A hamper restructurings of UK operators of helicopters and other aircraft?

    Filed under:
    United Kingdom, Aviation, Insolvency & Restructuring, Dentons
    Location:
    United Kingdom
    Firm:
    Dentons
    Treasury consults on SAR for settlement systems
    2013-05-03

     The Government has decided to create a Special Administration Regime (SAR) for systemically important payment and securities settlement systems. It is concerned that, were one of these market infrastructures to become insolvent, the administrator or liquidator would have to work towards maximising value for creditors, rather than keeping critical payment and settlement services running. The Bank of England would have the power to apply to court for an order declaring the start of SAR proceedings. Ensuring continuity of service would be among the special administrator’s objectives.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons
    Authors:
    Andrew Barber
    Location:
    United Kingdom
    Firm:
    Dentons
    More confusion on client money: the latest on Lehman
    2012-03-13

    Background

    The United Kingdom Supreme Court recently decided the appeal in the important case In the Matter of Lehman Brothers International (Europe) (LBIE) (In Administration) and In the matter of the Insolvency Act 1986 [2012] UK (the Case).

    In summary, the Case is about which claims can be treated as claims for client money. This turns on interpreting the rules of the UK’s Financial Services Authority’s (FSA) Client Assets Sourcebook (CASS) in chapter 7 of CASS. These FSA rules stem from the Markets in Financial Instruments Directive (MiFID).

    Filed under:
    United Kingdom, Capital Markets, Insolvency & Restructuring, Litigation, Dentons, FSA, SCOTUS, UK Supreme Court
    Authors:
    Josie Day
    Location:
    United Kingdom
    Firm:
    Dentons
    Know your borrower: is your security as valuable as you think?
    2011-03-08

    Where lenders are lending to and taking security from companies that may become subject to special administration regimes, the value of the security may be affected and enforcement options restricted. More companies are subject to these procedures than you might think. So, how do you identify whether your borrower is subject to one of these regimes? Should you place a lower value on your security? What are your enforcement rights? Might your borrower become affected after grant of the security?

    Special administration regimes

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Debtor, Liquidation, Due diligence, Stakeholder (corporate), Public-private partnership
    Authors:
    Susan Moore
    Location:
    United Kingdom
    Firm:
    Dentons
    FSA makes new rules
    2010-04-01

    FSA made five sets of new rules at its March board meeting:

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Dentons, Retail, Credit risk, Standing (law), Tariff, Building society, FSA
    Authors:
    Robert Finney
    Location:
    United Kingdom
    Firm:
    Dentons

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