ISDA has written to Treasury on its plans to make insolvency regulations in relation to investment banks. It supports Treasury's plan to take legislative steps only if market practice and regulatory approaches do not work. It endorses the view that sophisticated counterparties should have as much flexibility as possible. It notes the interaction of any regime for investment banks with existing regimes must be clear but does not currently see a compelling case for changes to the current regime.
Last week saw the government further extend COVID-19 emergency insolvency provisions until 31 March 2021. Since April, these have:
Over the past few weeks, the UK government, regulators and other bodies have moved to help businesses navigate the unprecedented disruption caused by the COVID-19 pandemic. We start this briefing with a round-up of key changes in the areas of company law and corporate finance regulation.
Filing accounts
Shortly after the last ever Monarch Airlines flight landed at Manchester Airport in the early hours of Monday morning, the airline entered administration, prompting the Civil Aviation Authority (CAA) to launch its "biggest ever peacetime repatriation" to bring home the 110,000 Monarch customers stranded abroad.
The impact on those travellers should be minimal, but an estimated 750,000 customers' future flights and holidays have been cancelled. Where they stand primarily comes down to whether their booking is protected by the UK's Air Travel Organisers' Licence (ATOL) scheme.
Following Parliamentary approval in March 2015, this Implementation Timetable sets out the key dates and changes which have been published to date on the insolvency provisions of the Small Business, Enterprise and Employment Act. This timetable was updated in October 2015.
We will, of course, provide confirmation and updates as and when further guidance is published.
The Small Business, Enterprise and Employment Act
When will the insolvency-related provisions come into force?
FRC has issued guidance to banks' directors on financial reporting of solvency and liquidity risks, and the definition of going concern, in the context of post-crisis reforms and central bank and government support. (Source: Guidance for Directors of Banks)
FSA has published a set of frequently asked questions designed to help readers understand MG Global’s insolvency position and investors’ rights under it. (Source: MF Global Investors – Your Questions Answered)
The CBI has responded to CRD4 publication saying it believes the Basel III reforms are "an important piece of the jigsaw to strengthen the global banking system", but that benefits from greater financial stability must be proportionate to the cost businesses will bear. In the CBI's opinion, the new rules:
There has been an upturn in the frequency of trade finance workouts, restructurings and formal insolvencies. Drew Sainsbury looks at some key issues that banks face when trade finance lending passes to “bad bank”.
The bank’s decisions at every stage of a trade finance transaction are critical: at origination; when following a workout/restructuring; and once a formal insolvency process becomes a reality.
Origination
The European High Yield Association (a trade association representing participants in the European leveraged finance market) is calling for new restructuring laws, warning that the existing regime makes it more likely that a company in financial difficulties will collapse.
Libby Elliott looks at the proposals, which are designed to create a formal procedure for restructuring distressed companies.
The need for change