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Where’s my share certificate? Taking security in an electronic world
There is no escaping electronic documents on today’s banking and finance transactions. Just as the COVID pandemic accelerated the use of electronic signatures, the number of original documents that exist solely in electronic form has increased too. But one thing that has not changed are the delivery requirements under security documents. Stephan Smoktunowicz examines what this means for share security and whether paper deliverables are now a thing of the past.
29 May 2024Judicial review of regulatory bodies in the financial services industry
However, the sheer growth in the volume of regulation in the financial services sector, combined with an expansion in regulatory remit (which is often incremental) means that judicial review has become even more important as a means of holding regulators to account. This article discusses some recent decisions in this area, as well considering what impact, if any, the proposed judicial review reforms are likely to have on challenges within the financial services industry.
29 May 2024Restitutionary claims in “failed” loan documentation
Most loan agreements are carefully drafted documents designed to operate through carefully specified mechanisms. But when a contract fails for some reason, or stops applying, the borrower is likely to be required to repay the money that has been obtained through a restitutionary claim. What are the bases for such claims? And how do they relate to the intended contractual provisions?
29 May 2024Re-scheduling debt and the provision of credit
In this article, Neil Levy considers whether an agreement which re-schedules an existing payment obligation by doing no more than allowing time to pay, should be treated as providing credit.
29 May 2024Regulating the distributed ledger: the EU’s attempt
In this article, barrister Richard Nowinski considers some of the shortcomings of the EU’s attempt to regulate distributed ledgers.
29 May 2024Gross negligence in trustee investment decisions: Manita Khuller v FNB International Trustees Limited
In this article Kira King considers the principal issues in the recent decision of the Guernsey Court of Appeal in Manita Khuller v FNB International Trustees Limited [2020] GCA051.
29 May 2024The role of sustainability-linked derivatives in meeting global ESG goals
This article explores the role of ESG derivatives transactions in enabling companies, financial institutions and governments to meet their ambitious sustainability targets with a particular focus on bespoke, innovative sustainability-linked hedging solutions. This article highlights different ways in which sustainability-linked derivatives transactions can be, and have been, structured. In addition, this article explores the challenges currently faced by parties entering into such transactions stemming largely from a lack of regulation, resulting in limited transparency, standardisation and reporting.
29 May 2024The drafting jigsaw: LIBOR reform and forward-looking term rates
With the birth of nearly Risk Free Reference Rates (RFRs) bringing currency specific benchmarks for interest rates to replace LIBOR, new jargon and industry and regulator guidance, how can a borrower, or for that matter a lender, start to piece together the drafting it needs for bespoke finance documents?
29 May 2024Claims against ESG rating agencies: a hopeless task?
In this article, the author considers the possible claims an aggrieved party may have against an ESG rating provider in circumstances where that party considers that it has suffered a loss as a result of an inaccurate ESG rating decision.
28 May 2024Don’t trust the trust: Romanian chapter
This article considers the custodianship of securities owned by collective investment undertakings under Romanian law and whether the law on fiducia is sufficient to protect client assets against the creditors of the custodian.
28 May 2024
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