Under the European Union (Withdrawal) Act 2018—which aims, inter alia, to incorporate into U.K. law all applicable E.U. legislation and to give powers to Ministers to make such amendments to […]
Category: Publications
“Onshoring” Statutory Instruments Comment Series: Bank Recovery and Resolution: 26 October 2018
Under the European Union (Withdrawal) Act 2018—which aims, inter alia, to incorporate into U.K. law all applicable E.U. legislation and to give powers to Ministers to make such amendments to […]
Letter: Proposal for a New National Security and Investment Regime: 16 October 2018
On 24 July 2018, the U.K. Department for Business, Energy & Industrial Strategy published a White Paper setting out the proposal for a new national security and investment regime (the […]
Report: Data Protection: Issues of Legal Uncertainty Arising from the 2018 Act: 4 October 2018
The rapid and substantial developments in technology and in the way organisations collect, store and use data relating to an identifiable individual, as well as the importance of continuing the […]
Report: the European Commission’s Legislative Proposal to Amend Procedures for recognition of Third Country Central Counterparties under EMIR
A substantial volume of financial instruments denominated in the currencies of Members States are currently cleared by central counterparties (“CCPs”), established in, and regulated by, Third Country CCPs on the […]
Report: The Robustness of Financial Contracts after Brexit: 6 August 2018
Since the U.K. voted to withdraw from the E.U., a question which has been raised by many market participants and observers, in the context of a hard Brexit, is whether […]
Letter to Directorate-General for Justice: Legacy E.U. Level 2 legislation : 31 July 2018
The FMLC has sent a letter to the European Commission, drawing attention to the question of the status of Level 2 E.U. legislation in the event the relevant Level 1 […]
Letter to Ministry of Justice: Legacy E.U. Level 2 legislation and “retained” law: 31 July 2018
The FMLC has sent a letter to the Ministry of Justice, drawing attention to the question of the status of Level 2 E.U. legislation in the event the relevant Level […]
Letter: Legal Uncertainties in the Proposal to Amend Moratorium Powers in the BRRD; 31 July 2018
On 13 April 2018, the FMLC published a paper entitled Bank Recovery and Resolution Directive: Legal Uncertainties in the Proposal to Amend Moratorium Powers (the “FMLC Paper”). Stakeholders subsequently contacted […]
Letter to European Commission: Proposed Regulation on the Law applicable to the “Third-party Effects” of the Assignment of Claims: 31 July 2018
The FMLC has sent a letter to the European Commission in relation to a new conflicts of laws proposal. On 12 March 2018, the European Commission published a proposed regulation […]