27 October 2021
Welcome to the latest edition of Insolvency Bitesize. Despite a sluggish market since our last edition, Part 26A restructuring plan and CVA legal developments have been lively.Find out more on our website.
27 July 2021
The Bank of England has released two new publications: a consultation in respect of its approach to setting a minimum requirement for own funds and eligible liabilities (MREL) and an operational guide on how it plans to execute bail-in in practice.
The former will be of particular interest to mid-sized firms forecasting total assets in excess of £15bn, who can benefit from a phase-in of end-state MREL requirements over a longer timeline.
The latter will shed further light on the process and detail of executing bail-in for UK firms and groups subject to a UK-led bail-in strategy.
22 July 2021
Further to its proposals in February 2021, the PRA has now published its near-final rules implementing the remaining Basel III standards into the UK prudential regulatory framework.
These rules, referred to as the “UK Basel III regime”, will take effect on 1 January 2022 (six months after EU CRR2 has come into force) and will constitute the UK’s prudential regulatory regime for UK banks and PRA-designated investment firms going forward.
The UK Basel III regime implements the Basel III standards with a number of targeted deviations and differs from EU CRR2 in several respects.
21 July 2021
Welcome to the latest edition of Insolvency Bitesize. Despite a sluggish market since our last edition, Part 26A restructuring plan and CVA legal developments have been lively.Find out more on our website.
30 June 2021
Central to the High Court’s refusal to sanction the Hurricane Energy Part 26A restructuring plan was its finding that the relevant alternative was not immediate insolvency – instead, the company would continue to trade profitably for at least a year. This made it harder for the company to persuade the court that shareholders would be no worse-off under the plan than had they been left with 100% equity in a company trading profitably. It also meant the court would not, in any event, have been prepared to exercise its discretion to sanction.
27 May 2021
The first few months of 2021 have seen the publication of various new and updated loan market standards for ESG loan products. The Green Loan Principles were updated in February, then new Social Loan Principles were published in April. Perhaps most significantly, overhauled Sustainability Linked Loan Principles and accompanying Guidance have just been released which, among other things, introduce a mandatory requirement for third party verification of ESG performance data.