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The consolidated prudential supervision of investment firm groups in the EU: practical implications on group parent entities
This article aims to provide an overview of the current requirements of the consolidated prudential supervision of investment firms under Regulation (EU) 2019/2033 (Investment Firm Regulation (IFR)) and related legal acts. In particular, it considers the implications of the recently adopted Commission Delegated Regulation setting out regulatory technical standards with regard to the scope and methods for prudential consolidation of an investment firm group (RTS). Given the complexity of the topic, the introduction set out in this article does not touch on every aspect of consolidated prudential supervision in order to provide a concise overview.
03 June 2024Assigning receivables on either side of the Channel: a comparative note on French and English law
As between English law and French law, the key principles behind assigning receivables are similar. The 2016 reform of French contract law has undoubtedly brought the French regime applicable to assigning receivables closer to English law. However, practical differences between the two systems continue to exist. This is due to the inherently contrasting nature of civil and common law systems and the role, in particular, of equity in matters of assignment. This article presents the French regime on assigning receivables, contrasting it with English law on certain points.
03 June 2024ESG as a case-study in legal uncertainty*
This article focuses on the nature and consequences of legal uncertainty in the context of ESG and the related issue of whether law reform might improve legal certainty.
03 June 2024Delisting the dead: a UK perspective
Dieudonné Ozia Mazio was a smuggler mixed up in violence in the Democratic Republic of the Congo. Anwar Al-Awlaki was a Muslim cleric in Yemen, once called the world’s “most dangerous ideologue”. Mazio and Al-Awlaki are extreme examples of sanctioned dead people. They died many years ago, but their names remain on UK and other sanctions lists. Their names provide a point of entry into live issues about “delisting” or taking names off sanctions lists. What is the current state of the UK’s sanctions list? How does delisting work? How important is it? Can we make it better? How? What impact does the current system have on human rights? The discussion below tackles these issues and argues for reform of how the UK government reviews its sanctions list. This article also aims to provoke debate. The time is right, pending further inquiry into UK sanctions policy. There may be a chance to influence legislative plans for 2025.
03 June 2024Voting issues in debtor schemes of arrangement and restructuring plans: the rights of sub-participants
In this article Robert Amey considers a sub-participant’s right to vote on a scheme of arrangement or restructuring plan with a look at its treatment as a contingent creditor and whether the analysis which has been applied to beneficial bondholders can be carried across.
03 June 2024Electronic trade documents: what is a reliable computer system? and problems in contracting for a “reliable system”
The International Trade and Forfaiting Association (ITFA) has recently published an “Addendum” to its Guide to Digital Negotiable Instruments in connection with the Electronic Trade Documents Act 2023. The ITFA Addendum recommends that members might adopt a contractual term: “The [Issuer/Drawer/Obligor] and the [Holder] agree for the benefit of themselves and any subsequent [Holder] of this [… ] that the [relevant system] constitutes a ‘reliable system’ for the purposes of the Electronic Trade Documents Act 2023 and they agree not to challenge it being a reliable system for the purposes of the Electronic Trade Documents Act 2023”.1 This article discusses whether that term provides a solution to the problem that it purports to address, and some legal issues that may arise.
03 June 2024The correct approach to findings of foreign law: precedent and policy
This article considers the recent Court of Appeal decision of Banca Intesa Sanpaolo SpA v Comune di Venezia [2023] EWCA Civ 1482 and focusses on some of the potential implications of that decision on the approach to findings of foreign law in English proceedings.
03 June 2024Are corporate lawyers interested in governing law?
In this article Philip Wood CBE KC (Hon) considers whether corporate lawyers are less interested in the question of what law to choose to govern their transactions than financial lawyers.
03 June 2024Is crystallisation crystal clear?
In this article, Tina Kyriakides considers issues surrounding the crystallisation of floating charges including whether partial crystallisation, de-crystallisation and re-crystallisation is possible.
03 June 2024Private finance and financial assistance
In this article the authors consider the ban on the giving of financial assistance for the acquisition of a company’s own shares in the context of the rise in private finance and specifically large private companies benefitting from the ban.
03 June 2024
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