A) BACKGROUND On October 8, 2024, the EU Council adopted the Listing Act – a regulation amending, among other things, the Prospectus Regulation (EU) 2017/1129. Even though the Listing Act went into force on 4 December 2024,...more
On 7 May 2025, the European Securities and Markets Authority (ESMA) published its Final Report on, among other things, technical advice concerning EU Market Abuse Regulation (MAR) provisions that have been amended pursuant to...more
5/8/2025
/ Capital Markets ,
Disclosure Requirements ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Listing Rules ,
New Guidance ,
New Regulations ,
Regulatory Reform ,
Securities Regulation ,
Share Buybacks
Introduction -
Convertible bonds are, customarily, fixed rate debt instruments issued by a company (the “issuer”), the terms of which allow the holders of the bonds to convert them into ordinary shares (common stock) of...more
Following the start of development work on an accelerated procedure for the regulatory recognition of significant risk transfer ("SRT") securitisations last year, the European Central Bank ("ECB") published guidance addressed...more
Two of the provisions of the EU Listing Act – a regulation amending, inter alia, the Prospectus Regulation (EU) 2017/1129 – that entered into force on December 4, 2024 were...more
On 26 February 2025, the European Commission (“Commission”) published its “Omnibus I” or “Sustainability Omnibus” package as part of its mission to improve the competitiveness of the European Union. The Omnibus Package...more
2/27/2025
/ Carbon Emissions ,
Corporate Governance ,
Corporate Sustainability Reporting Directive (CSRD) ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
Regulatory Reform ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Mitigation ,
Supply Chain ,
Sustainability ,
Sustainable Business Practices
Over the past few years, we have seen growing interest in Commercial Paper (CP) programmes with a sustainable focus.
Traditionally used by corporations, financial institutions, sovereigns, and other issuers for...more
2/18/2025
/ Capital Markets ,
Carbon Emissions ,
Climate Change ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Financial Institutions ,
Renewable Energy ,
Risk Management ,
Sustainability ,
Sustainable Finance ,
Sustainable Projects
Christmas is coming early to the ESG bond market as the new EU Green Bond Standard applies from 21 December 2024.
The new standard is conceptually similar to existing ICMA use of proceeds standards but quite different in...more
12/23/2024
/ Capital Markets ,
Corporate Finance ,
Corporate Governance ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
Green Bonds ,
Green Finance ,
Greenwashing ,
International Capital Markets Association (ICMA) ,
Investment Funds ,
Investors ,
Sustainability ,
Sustainable Finance ,
Taxonomy ,
Voluntary Disclosure
On 14 November 2024, a number of amendments to:
the Prospectus Regulation (Regulation (EU) 2017/1129) ("PR");
the Market Abuse Regulation (Regulation (EU) No 596/2014) ("MAR"); and
the Markets in Financial...more
12/5/2024
/ Capital Markets ,
Corporate Issuers ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Markets ,
Financial Services Industry ,
Initial Public Offering (IPO) ,
Investment ,
Investors ,
Regulatory Requirements ,
Securities ,
Small and Medium-Sized Enterprises (SMEs)
On October 8, 2024, the EU Council adopted the Listing Act – a regulation amending the Prospectus Regulation (EU) 2017/1129 – which was first proposed in December 2022 and then subjected to several rounds of negotiations....more
In line with broader efforts to remove procedural deterrents from issuers engaging in securities offerings, for about the past year, the German Federal Financial Supervisory Authority (Bundesanstalt für...more
I. IMPLEMENTING BASEL III THROUGH THE CRR III REGULATION -
The Basel III standards comprise a package of reforms that were largely agreed by the Basel Committee on Banking Supervision ("BCBS") in December 2017 and set out...more
6/21/2024
/ Banking Sector ,
Basel Committee on Banking Supervision (BCBS) ,
Basel III ,
Borrowers ,
Capital Markets ,
Capital Requirements Regulation (CRR) ,
Consumer Financial Products ,
Environmental Social & Governance (ESG) ,
EU ,
European Banking Authority (EBA) ,
European Commission ,
Financial Institutions ,
Financial Services Industry ,
Risk Management ,
Securities
On 14 May 2024, the European Securities and Markets Authority ("ESMA") published its final report on "Guidelines on funds’ names using ESG or sustainability-related terms" (the "Guidelines"). The Guidelines aim to provide...more
5/16/2024
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Capital Markets ,
Climate Action Plan ,
Climate Change ,
Environmental Social & Governance (ESG) ,
EU ,
European Securities and Markets Authority (ESMA) ,
Greenwashing ,
Investment Funds ,
New Guidance ,
SFDR ,
Sustainability ,
UCITS
On 30 December 2023 the German Secondary Credit Market Promotion Act (Kreditzweitmarktförderungsgesetz) entered into force, which simplifies dealing in non-performing loans (“NPLs“) by introducing a new law, the German...more
The EU Corporate Sustainability Reporting Directive (“CSRD”) entered into force on 5 January 2023 and the associated European Sustainability Reporting Standards (“ESRS”) were adopted by the European Commission on 31 July...more
On 11 July 2023, the European Securities and Markets Authority (ESMA) published a public statement on sustainability disclosure in prospectuses, available here: ESMA32-1399193447-441 Statement on sustainability disclosure in...more
The risk of an accusation of “greenwashing” is now an important concern for many companies. Greenwashing is an ill-defined concept but, nevertheless, is increasingly a source of litigation and regulatory scrutiny – with more...more
7/7/2023
/ Carbon Capture and Sequestration ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
Greenhouse Gas Emissions ,
Greenwashing ,
Net Zero ,
Offsets ,
Reputation Management ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Sustainability ,
UK
The Council of the European Union and the European Parliament announced, on 28 February 2023, that provisional agreement on the European Green Bond Standard (the EU GBS and the Regulation) had been reached. More recently the...more
On 28 February 2023, the Council of the European Union and the European Parliament reached a provisional agreement on the creation of the European Green Bond Standard (“EU GBS“).
...more
On 10 November 2022, the EU Parliament adopted the Corporate Sustainability Reporting Directive ("CSRD"). The EU Council is expected to adopt the CSRD on 28 November 2022, after which it will be published in the Official...more
On Friday, October 9, 2020, the US Internal Revenue Service released Revenue Procedure 2020-44 (the “Revenue Procedure”), providing retroactive but limited relief for amending specific types of legacy contracts to add...more