Feature
681
Go to page
of
69
The 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 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 2024Where’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 2024Calling it in: the implications of the new National Security and Investment Act 2021 on financing transactions
On 29 April 2021 the National Security and Investment Act 2021 (NSIA) received Royal Assent. When it comes into force fully on 4 January 2022, it will permit the government wide ranging powers to impose remedies on, or even block, certain transactions on the basis of national security. Whilst most relevant in an M&A context, the legislation does introduce a number of implications for financing transactions which are discussed below.
29 May 2024Custodianship: why do EU civil code states not trust the trust?
This article deals with the custodianship of securities in civil code states in the EU – all of them except Ireland and Cyprus. Common law jurisdictions all recognise universal trusts over all assets present and future but most civil code states do not. Instead they either have limited special trusts and, if not, various other devices. The question is whether these are adequate to safeguard client assets against the creditors of the custodian. This article will be followed later by one or more articles by lawyers in selected EU jurisdictions specifically discussing their solutions to the problem.
29 May 2024SPACs in the City: the emerging litigation and regulatory risks in England and Wales
SPACs scorched the US stock markets last year, with the UK left out in the cold. While the recent crackdown by the Securities and Exchange Commission (SEC) is cooling investor interest in the US, the UK regulators are hoping that changes to the regulatory framework will bring some SPAC sunshine to this side of the Atlantic. But what are the potential regulatory and litigation risks for SPACs in the City?
29 May 2024
Go to page
of
69
