In Practice
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Key considerations for lenders when lending to individuals
Lending to individuals can be a challenging area for lenders, as they are required to comply with consumer regulations and must always consider the high-risk nature of certain individual borrowers. In this article, Sukh Ahark of RPC identifies key considerations for lenders when lending to individuals and outlines certain due diligence and legal drafting requirements that can protect lenders from any associated risks.
03 June 2024Secured vs unsecured personal lending by fintechs
In this In Practice article the authors consider the difficulties of secured personal lending by fintechs and how the application of technology can mitigate risk without requiring security.
03 June 2024Deal contingent derivatives: managing risk in M&A transactions
In this In Practice article the authors consider the key terms of deal contingent derivatives.
29 May 2024Amending legacy contracts
In this In Practice piece the author considers the various approaches to documenting amendments to legacy contracts to cater for near risk-free rates.
29 May 2024Tracing and freezing cryptocurrency in Hong Kong and Singapore
With the rise of cryptocurrency, fraud involving cryptocurrency has also grown exponentially. In the first of this series, as a high-level overview, we explore different methodologies and approaches to tracing, freezing and recovering cryptocurrency in Hong Kong, Singapore and other common law jurisdictions.
29 May 2024Green bonds: time for new investor protections?
Green bonds, the proceeds of which are intended to be applied to green projects, have increased in popularity as investors seek to tackle the climate crisis alongside maximising economic returns. A feature of green bonds that some may find quite surprising is that the intended use of proceeds of a green bond is not specified in the contractual terms and conditions. The terms and conditions of a green bond are in fact typically identical to those of a conventional bond. The FCA and others have raised the question of whether the “use of proceeds” provisions in green bond documentation should reflect their central purpose and whether the current legally flexible approach to use of proceeds is sufficient to protect investors from “green-washing”. In this In practice article, we outline the reasons why “use of proceeds” provisions have not been tightened in green bonds so far and why, ultimately, the current approach is aligned with the green goals market participants are seeking to achieve.
28 May 2024In search of lost time, Part 2: the effect of the fintech industry’s development on automation and standardisation
In this In Practice article Charles Kerrigan considers the effect of the fintech industry’s development on the topics of automation and standardisation in commercial lending transactions.
28 May 2024Synthetic LIBOR and UK contractual continuity: Critical Benchmarks (References and Administrators’ Liability) Bill
A UK Bill designed to ensure contractual continuity for legacy English law contracts and arrangements which adopt synthetic LIBOR has been introduced into Parliament. This In Practice article provides some context for the Bill and highlights some of the areas under the spotlight.
28 May 2024Rated subscription lines: bringing fund governing documents and finance documents into focus
In this In Practice article we will explore the benefits of obtaining a rating for a subscription facility. By reference to ratings criteria announced by the main agencies, we will explore how the limited partnership agreement, side letters and the related finance documentation are analysed to arrive at a rating.
05 May 2024The critical importance of “Shariah compliance” in the Islamic financial services industry: the UK’s need for jurisprudential clarity
In this In Practice article, leading UK and international legal authority on Islamic financial law, Professor Lu’ayy Al-Rimawi explains how the muddled question of “Shariah compliance” in the UK will inevitably transplant itself into litigation risk in terms of misselling and/or misrepresentation claims and the UK’s need for jurisprudential clarity.
05 May 2024
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