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United Kingdom
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Asset Based Finance Association meaning

What does Asset Based Finance Association mean?
A former industry trade association for providers of factoring, invoice discounting, invoice finance and wider asset based lending operating in the UK and Ireland. The term is not defined in legislation or case law; it is a descriptive label for the body that represented lenders, issued an industry code of conduct and maintained a member standards and complaints framework. Legacy facility agreements, warranties and policies often refer to “ABFA”, the “ABFA Code” or ABFA membership as markers of market practice. The Asset Based Finance Association was formerly the Factors and Discounters Association (FDA). In July 2017 it merged into UK Finance. References to ABFA standards should now be read as references to UK Finance’s Invoice Finance and Asset Based Lending standards and guidance. Usage and practical effect are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. When interpreting or drafting finance documents, check whether any requirement for ABFA membership or compliance with the ABFA Code should be updated to the current UK Finance equivalents, and whether any legacy complaints or conduct mechanisms have transitioned accordingly.
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NEWS
UK and EU financial services regulatory roundup—authorisations, prudential, operational resilience, payments and APP fraud, enforcement and sanctions, capital markets, ESG and MiCA (10 October 2024 edition)

In this issue: UK, EU and international regulators and bodies Permissions, approvals and oversight Prudential rules Operational robustness Financial misconduct and sanctions Complaints, redress and claims handling Investigations, enforcement and disciplinary action Capital markets regulation Packaged Retail and Insurance-based Investment Products (PRIIPs) Derivatives regulation Sustainable finance and ESG Banks and mutuals Investment funds and asset management EU MiFID II Insurance regulation Payment services and systems Fintech and cryptoassets Financial Services Enforcement Database Daily and weekly news alerts Intraday news alerts New and refreshed content Key dates for your diary UK, EU and international regulators and bodies Amendments to EEA Agreement Annex IX (Financial Services) published in Official Journal Twelve decisions of the European Economic Area (EEA) Joint Committee revising Annex IX (Financial Services) to the Agreement on the European Economic Area (the EEA Agreement) have appeared in the EU’s Official Journal....

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NEWS
UK and EU financial services regulatory weekly update—17 October 2024: supervision, prudential, sanctions, complaints, resilience, enforcement, capital markets, PRIIPs, ESG, banks, funds, insurance, payments, crypto, AI

In this issue: UK, EU and international regulators and bodies Authorisation, approval and supervision Prudential requirements Financial crime and sanctions Complaints, compensation and claims management Operational resilience Investigations, enforcement and discipline Regulation of capital markets Packaged Retail and Insurance-based Investment Products (PRIIPs) Sustainable finance and ESG Banks and mutuals Investment funds and asset management Regulation of insurance Payment services and systems Fintech and cryptoassets Regulation of AI in FS Financial Services Enforcement Database Daily and weekly news alerts Intraday news alerts New and updated content Dates for your diary UK, EU and international regulators and bodies Financial Services Regulatory Initiatives Forum provides interim update to regulatory initiatives grid The Financial Services Regulatory Initiatives Forum, comprising the Bank of England (BoE), the Financial Conduct Authority (FCA) and the Payment Systems Regulator (PSR), has issued an interim Q4/2024 update to its Regulatory Initiatives Grid...

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PRACTICE NOTES
Key 2021 appellate decisions and appeals tracker for civil dispute resolution (England and Wales)

ARCHIVED : A persistent challenge for dispute resolution specialists is staying abreast of developments in case law that influence their practice area, or affect civil litigation procedure more generally. This Practice Note distils the principal appeal decisions in England and Wales (ie rulings of the Court of Appeal and Supreme Court and, where appropriate, selected judgments of the Court of Justice of the European Union (Court of Justice)) that we have covered, giving users straightforward access to those rulings; see: Key civil litigation appeals in review—2021. You can navigate this material via the table of contents on the left-hand side, or search the tracker using [CTRL]+[F]. The Practice Note also highlights a number of forthcoming appeals, where identified, to support horizon scanning. It is not designed to be a comprehensive catalogue of every appeal and/or significant ruling of interest to dispute resolution practitioners. Note: regarding anonymity of natural parties where a request for a preliminary ruling is made to the Court of Justice, guidance from the Court of Justice...

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PRACTICE NOTES
Valuations in real estate finance facility agreements: LMA-based drafting, RICS Red Book market value, borrower representations, cost allocation, frequency, and limits on lenders’ valuation rights

In real estate finance, a property’s valuation is critical to any lender, because it is the principal asset over which the loan is taken as security. Accordingly, valuations are required to calculate the loan to value (LTV) financial covenant (see Practice Note: Real estate finance—financial covenants). Such valuations are typically supplied as a condition precedent to drawdown (often defined as the ‘Initial Valuation’) and then obtained periodically for the duration of the facility. Where to start with drafting the valuation provisions in a real estate finance transaction The Loan Market Association (LMA) includes clause language to address these requirements within its real estate finance facility agreements—see clause 16.3 (Costs and expenses—valuations) and clause 19.15 (Representations—valuation) in each of the: Single Currency Term Facility Agreement for Real Estate Finance Multiproperty Investment Transactions (LMA REF Investment Facility Agreement), and Single Currency Term Facility Agreement for Real Estate Finance Single Property Development Transactions (LMA REF Development Facility Agreement), together, the ‘LMA REF Facility Agreements’....

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