Journal Article: “Caulking the Ship”: Weather-Proofing the Legal Framework for Clearing Services: January 2017

Joanna Perkins, FMLC Project Secretary Jennifer Enwezor and Barnabas Reynolds of Shearman and Sterling adapted the FMLC paper on the Obligations of Central Counterparties and their Clearing Members under Part VII of the Companies Act 1989 into an article for the January edition of the Butterworths Journal of International Banking and Financial Law.  The piece considers how the protections in Part VII of the Companies Act 1989, whilst establishing the primacy of default management processes over insolvency law, could be subject to the disruptive effects of certain proprietary claims.

Click here to open the article for download. Should you refer to it in your own work, the recommended citation is: [2017] 1 JIBFL 8.