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 […]
Tag: Report
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 […]
Report: U.K. Financial Services and the WTO after Brexit: 22 December 2017
Upon the U.K.’s withdrawal from the E.U., it is possible that the basis for the U.K.’s trade with the E.U. could take the form of: (1) U.K. membership of the […]
Report: Cross-Border Insolvency Proceedings after Brexit: 25 August 2017
In this paper, the FMLC has considered issues of legal uncertainties which may arise in consequence of Brexit in relation to cross-border insolvency proceedings. Despite HM Government’s plans to transpose E.U. […]
Report: Brexit Analysis on Third Country Regimes in E.U. Legislation: 13 July 2017
On 29 March 2017, HM Government officially served notice to the European Commission of the U.K.’s intention to withdraw from the E.U. under Article 50 of the Treaty on European […]
Report: Use of Q&A documents by ESA: 12 May 2017
On 21 March 2017, the European Commission launched a public consultation seeking views on the operation of the European Supervisory Authorities (“ESAs“). Following stakeholder recommendation, the FMLC takes this opportunity […]
Report: Market Abuse Regulation: 5 May 2017
On 3 July 2016, the majority of the provisions the Market Abuse Regulation (“MAR”) came into effect, replacing the 2003 Market Abuse Directive. By introducing the new regulation, the legislative […]
Report: U.K. Brexit Analysis – English Law, the Jurisdiction of English Courts and the Enforcement of English Judgments.: 2 December 2016
Following the U.K.’s decision to leave the E.U., the FMLC established a High Level Advisory Group to give direction to the Committee’s future work programme and to convene a standing […]
Report: Obligations of Central Counterparties and their Clearing Members under Part VII of the Companies Act 1989: 10 October 2016
This FMLC report—entitled The Obligations of Central Counterparties and their Clearing Members under Part VII Companies Act 1989: Issues of legal uncertainty which may arise in the context of proprietary […]
Report: Asymmetric Jurisdiction Clauses: 29 July 2016
Courts in some E.U. jurisdictions have held asymmetric jurisdiction clauses, used worldwide in financing agreements and in debt and equity market transaction agreements, to be invalid as a matter of […]