Bondholder meaning

In this issue: Economic Crime and Corporate Transparency Act 2023 Procurement Act 2023 Lending Sustainable finance Debt capital markets Derivatives Regulation for derivatives lawyers Sanctions Daily and weekly news alerts New and updated content Useful information Economic Crime and Corporate Transparency Act 2023 Registrar (Identity Verification and Authorised Corporate Service Providers) Regulations 2025 SI 2025/50 SI 2025/50 sets out the framework for identity verification, authorised corporate service providers (ACSPs, as defined in section 1098A of the Companies Act 2006 (CA 2006)), and unique identifiers (as defined in CA 2006, s 1082). Its commencement is staggered: in part when section 65 of the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023), dealing with procedures for verifying identity, is fully in force; in part when ECCTA 2023, s 66 on authorisation of corporate service providers fully commences; and in full when ECCTA 2023, s 68, which covers allocation of unique identifiers, fully commences....

In most bond or note offerings, the issuer will appoint an agent—or more frequently a panel of agents—to perform a range of administrative tasks on its behalf in connection with the issue. One agent will co-ordinate the activities of the others. Where the transaction does not include a trustee, that co-ordinating role falls to the fiscal agent. If a trustee is involved, the principal paying agent performs the co-ordinating function instead. The primary benefit of a fiscal agency structure for a straightforward bond issue is the potential for lower costs overall. By comparison, putting in place the alternative arrangement with a trustee and principal paying agency is typically more expensive to establish in practice. For ease of reference in this Practice Note, the term ‘bonds’ is used in a generic sense to cover all forms of debt securities (including bonds, notes and commercial paper). For guidance on the difference between ‘bonds’ and ‘notes’ and the meaning of ‘commercial paper’, see Practice Note: Types of debt securities. Who is the...

This Practice Note offers high-level guidance on debt buy-backs within loan documentation. It first outlines what constitutes a debt buy-back, then considers the issues that may emerge, and sets out how the Loan Market Association (LMA) addresses buy-backs in its standard form documents. For fuller analysis, including structuring points, see Article: Structuring loan buybacks—(2021) 5 JIBFL 337. Buy-backs can relate to loans or bonds; however, this Practice Note addresses loan buy-backs only. For material on bond buy-backs, see Article: and the weakening of bondholder protection (2020) 5 JIBFL 310. What is a debt buy-back? In a lending context, a debt buy-back typically means the acquisition of existing debt in the secondary market by a sponsor (or a sponsor affiliate) or by a company within the borrower group in a sponsor-controlled leveraged credit...

What does this Practice Note cover? This Practice Note describes the duties and functions of a bond trustee appointed under an English law trust deed for a bond issue. A trustee is not a feature of every bond offering. Some issues proceed without one. The issuer chooses whether to use a trustee or a fiscal agent—see Practice Note: Parties in an issue of debt securities—Fiscal agent or trustee. Bringing in a trustee has significant implications for the issuer and for bondholders (see: Reasons for appointing a trustee below). In this Practice Note, ‘bonds’ is used as a catch-all term for debt securities of all kinds (such as bonds, notes and commercial paper). Be aware, however, that alternative considerations can arise in structured finance deals. For an explanation of the difference between ‘bonds’ and ‘notes’ and the definition of ‘commercial paper’, see Practice Note: Types of debt securities. Who is the bond trustee? The trustee is appointed by the issuer and serves as the go-between for the issuer...