In Practice
169
Go to page
of
17
Scope 1, 2 and 3 emissions as KPIs in sustainability-linked loans
This In Practice article explains the differences between Scope 1, 2 and 3 emissions as key performance indicators (KPIs) and sustainability performance targets (SPTs) in sustainability-linked loans and then explores factors to consider when adopting Scope 3 emissions.
19 March 2024Transferability: does there need to be a re-balance?
In the period leading up to (and during) a default or distress, the ability to trade loan positions takes on renewed significance, with transferability provisions in sharp focus. In recent years, the move towards more borrower/sponsor friendly documents has resulted in more restrictive “approved” lists and blanket restrictions on transfer to certain types of transferees (without consent). With those constraints driving more limited liquidity in the secondary market, it may be time to reflect on the extent of transfer restrictions, particularly where in practice, it may be beneficial to a borrower to move the debt away from the traditional lenders.
18 March 2024Does the “D” in PSD3 stand for “divergence”? PSD3 and payment services in the UK
In June, the European Commission published a set of proposals to modernise the payment services sector and bring it into the digital age. The package included proposals for a revised EU Payment Services Directive (PSD3) and a new set of EU Payment Services Regulations (EU PSRs and, together with PSD3, Payments Proposals). This In Practice article outlines some of the proposals and what they mean for the UK as it diverges from the EU payment services framework.
18 March 2024Embedded finance and chargebacks: consumer duty and proposition structuring
As embedded finance and payment models continue to develop, I consider: (i) how merchants and their payment solution partners balance offering customers the optimum checkout experience with providing appropriate consumer protections; and (ii) what these models mean for liability arrangements between merchants and fintechs.
18 March 2024Can the consent of an obligor be taken at face value?
Lenders and their legal advisors carefully check the capacity of obligors, and the due authorisation of their signatories, at the commencement of a deal. In this In Practice article, we consider the issues arising when consents are needed from obligors during the life of a facility. The recent case of CRF I Ltd v Banco Nacional De Cuba and another [2023] EWHC 774 (Comm) is a cautionary reminder of the consequences of failing to obtain required obligor approvals going forward.
18 March 2024Green expectations: ESMA’s Statement on sustainability prospectus disclosure
ESMA’s July 2023 public statement about sustainability disclosures in prospectuses attracted significant attention. Understandably so. The Statement is directed at National Competent Authorities and provides ESMA’s recommendations to follow when reviewing prospectuses, but issuers will also need to take note.
18 March 2024De-banking: what next for payment service providers?
The de-banking of customers, and the legal and regulatory implications that can arise, are not new issues. However, those issues have come into sharp focus following recent publicity surrounding a high-profile account closure. This In Practice article considers what payment services firms can expect next following the increased scrutiny from customers, media, government and the regulators.
18 March 2024Taking effective security over future acquired assets: the importance of contractual intention
Taking security over after acquired assets is often linked in case law to the equitable remedy of specific performance transforming a contractual right into a proprietary one to the charged property; an essential element to secured finance structures. A closer analysis illustrates contractual intention of the parties, rather than specific performance, is the key factor.
18 March 2024Consolidation in the CLO management industry: hampered by EU and UK risk retention requirements?
In this In Practice article, the authors consider the regulatory restrictions that hamper the transfer of risk retention where a collaterised loan obligation (CLO) manager wants to solely acquire a CLO management contract from the incumbent CLO manager.
18 March 2024Preparing for a new UK securitisation framework
In this In Practice article the authors consider how buy- and sell-side parties to securitisation transactions can get ready to comply with the UK’s new securitisation framework.
18 March 2024
Go to page
of
17
