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 […]
Category: Publications
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 […]
Letter to the Department for Exiting the European Union: Legal Uncertainties relating to Insurance Business: 12 July 2018
The FMLC has sent a letter detailing the issues of legal uncertainty which arise in relation to insurance business in the context of Brexit. The letter draws attention to the […]
Report: Establishment of an E.U. Insurer in Another Member State: 12 July 2018
As the U.K. and E.U. continue to negotiate their relationship in the context of the U.K.’s impending withdrawal from the E.U. (“Brexit”) and as U.K. insurers with clients in the […]
Report: Analysis of the Proposal to Amend Moratorium Powers: 13 April 2018
On 23 November 2016, the European Commission published a package of reforms proposing fundamental changes to E.U. legislation on bank resolution and bank capital. One proposed amendment introduced additional moratorium […]
Report: Distributed Ledger Technology and Governing Law: 27 March 2018
Distributed Ledger Technology (“DLT”) systems involve databases that are shared across digital networks. DLT systems are decentralised, borderless and span several jurisdictions, which can often lead to issues of legal […]