A recent High Court judgment in a case where NatWest won a claim against CMIS arising under derivative transactions raises several issues of law with practical implications for the structuring of complex finance deals....more
The combination of increased regulatory pressure and additional investor demand for higher yield has seen numerous banks gradually displaced by private debt funds in the corporate lending sector (particularly for mid-market...more
8/12/2024
/ Asset Management ,
Banks ,
Capital Markets ,
Collateral ,
Corporate Financing ,
Debt ,
Financial Institutions ,
Financial Services Industry ,
Financing ,
Investment Portfolios ,
Investors ,
Lenders ,
Securitization
On 30 April 2024, the Financial Conduct Authority (the “FCA”) published Policy Statement PS24/4 (“PS24/4”) setting out the final FCA Securitisation Sourcebook (“SECN”). Subject to the repeal of the Securitisation Regulation...more
6/7/2024
/ Asset Management ,
Due Diligence ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Hedging ,
Investors ,
New Legislation ,
New Rules ,
Prudential Regulation Authority (PRA) ,
Risk Retention ,
Securitization ,
UK
The Prudential Regulation Authority (“PRA”) has published Consultation Paper 15/23 – Securitisation: General requirements (“CP 15/23”) setting out its proposed rules to replace retained EU law requirements on...more
8/3/2023
/ Comment Period ,
Financial Regulatory Reform ,
Financial Services Industry ,
FSMA ,
Institutional Investors ,
Prudential Regulation Authority (PRA) ,
Regulatory Agenda ,
Regulatory Standards ,
Securitization ,
Securitization Market ,
Securitization Standards ,
UK
The UK and Europe have released a number of updated requirements for securitisations that, while not effecting material changes, are notable in their scope and number. Below, we give a brief guide to these changes and their...more
7/24/2023
/ Capital Markets ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
RTS ,
Securities Regulation ,
Securitization ,
Securitization Standards ,
Securitization Vehicles ,
UK
On the 9th of December, the UK’s Chancellor, Jeremy Hunt, set out a “collection of announcements” aimed at reforming the UK’s financial services ecosystem to maximise its position outside the EU while aligning still with...more
Brexit and the Temporary Transitional Power -
On 31 January 2020, the UK ceased to be a member of the EU. Following a transition period, EU law ceased to be applicable in the UK with effect from 11 p.m. on 31 December...more
2/10/2022
/ Banks ,
Collateralized Loan Obligations ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Investment Firms ,
Prudential Regulation Authority (PRA) ,
Regulatory Oversight ,
Securities Regulation ,
Securitization ,
Securitization Market ,
Securitization Standards ,
Transitional Arrangements ,
UK Brexit
The European Securities and Markets Authority (ESMA) has published its Final Report (the Final Report) containing draft regulatory and implementing technical standards (RTS and ITS) on the provision of investment services and...more
On 13 September 2019, the European Banking Authority (the “EBA”) updated its guidance in respect of the Securitisation Regulation[1] by publishing an answer to a question submitted to it in November 2018 by the Association...more
9/17/2019
/ Collateralized Loan Obligations ,
Credit ,
EU ,
European Banking Authority (EBA) ,
Financial Markets ,
Financial Services Industry ,
Financial Transactions ,
Regulatory Oversight ,
Regulatory Standards ,
Securitization ,
Securitization Market ,
Securitization Standards ,
UK Brexit
Regulation (EU) No 648/2012 (“EMIR”) imposed a range of obligations which can apply to counterparties trading in derivatives, including a clearing obligation, risk mitigation obligations (including the exchange of collateral)...more
6/13/2019
/ AIFs ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Alternative Investment Funds ,
CCPs ,
Derivatives ,
EMIR ,
Financial Counterparties (FC) ,
Financial Services Industry ,
Mandatory Clearing Requirements ,
Non-Financial Counterparties (NFC) ,
Regulatory Requirements ,
Third Country Entities (TCEs) ,
Threshold Requirements ,
UK Brexit