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In this issue: Sustainable finance and ESG round-up Trade and commodity finance Sustainable finance Debt capital markets Regulation for derivatives lawyers Regulation for banking lawyers Cryptoassets Daily and weekly news alerts New and updated content Useful information Sustainable finance and ESG round-up For a summary of this week’s Sustainable finance and ESG developments, see: Sustainable finance and ESG weekly round–up—5 September 2024. Trade and commodity finance ICC issues report on the advantages of trade digitalisation The International Chamber of Commerce (ICC) Digital Standards Initiative has released a report that, through 22 case studies, demonstrates how supply chain participants use digital tools and interoperable global standards to resolve supply chain challenges and pain points. The case studies concentrate on shipping and logistics, commercial documentation and product information, cross‑border regulatory compliance, and financial services and fraud prevention as priority areas for digitalisation. The report indicates that by digitising trade workflows, businesses can cut...
In this issue: Sustainable finance and ESG weekly round-up Economic Crime and Corporate Transparency Act 2023 Lending Acquisition finance Shipping finance Real estate finance Sustainable finance Debt capital markets Derivatives Regulation for banking lawyers Sanctions Daily and weekly news alerts New and updated content Useful information Sustainable finance and ESG weekly round-up For a summary of this week’s Sustainable finance and ESG developments, see Sustainable finance and ESG weekly round-up—14 November 2024. Economic Crime and Corporate Transparency Act 2023 Economic Crime and Corporate Transparency Act 2023 (Commencement No 3) Regulations 2024 (SI 2024/1108): Provisions in ECCTA 2023 on civil recovery of cryptoassets in Scotland took effect on 7 November 2024, and measures introducing the UK-wide offence of failure to prevent fraud will commence on 1 September 2025. See: LNB News 07/11/2024 12. Unique Identifiers (Application of Company Law) Regulations 2024 (SI 2024/Draft): These draft Regulations would widen...
UK developments HMT extends Transition Plan Taskforce mandate The Transition Plan Taskforce (TPT) has confirmed that HM Treasury (HMT) has now prolonged its mandate until at least 31 July 2024, with a potential further three month extension to the very end of October 2024, to support the Transition Finance Market Review (TFMR), which was launched on 22 January 2024. See: LNB News 25/01/2024 44. Source: The TPT’s mandate has been extended. New one minute guide on the FCA’s Sustainability Disclosure Requirements (SDR) and Labelling Regime The LexisNexis Financial Services practical guidance team, working with knowledge counsel, Chris Ormond, and partner, Dr Andrew Henderson of Goodwin LLP, has released a new one minute guide that presents a concise summary of the key requirements of the UK Sustainability Disclosure Requirements (SDR) and labelling regime. See: The FCA’s Sustainability Disclosure Requirements (SDR) and Labelling Regime—one minute guide EU developments EBA surveys credit institutions on classification methodologies for ESG risks The European Banking Authority (EBA) is currently...
In recent years, most sectors have felt the effects of innovation and emerging technology. Much of this progress is driven by the aim to lower costs and enhance efficiency. So far, disruption within the debt capital markets has been limited, chiefly due to significant entry barriers such as capital requirements and regulatory scrutiny. This is changing, however, as these markets begin to adopt new technologies... What is fintech? There is no single agreed definition of ‘fintech’, but the term is commonly used to capture technology-enabled innovation within financial services. cryptocurrencies/cryptoassets (eg bitcoin) blockchain or distributed ledger technology (DLT) artificial intelligence (AI) and machine learning (ML) crowd funding platforms ‘telematics-based’ insurance (eg where data is collected to monitor driving) mobile banking Why is fintech being explored for the debt capital markets? Technological innovation is increasingly touching the debt capital markets for several key reasons. These include: a drive for cost efficiency regulatory reasons...
This Practice Note sets out, in brief, what conditions precedent are and how they feature in debt capital markets transactions. It also outlines the common conditions precedent typically included in the documentation for an issue of debt securities. What is a condition precedent? In many financings, the agreement recording the commitment to extend funds is executed some time before the date on which money is actually made available. In those circumstances, the obligation to fund is conditional upon certain requirements being fulfilled prior to drawdown. These requirements, known as conditions precedent, are ordinarily satisfied by providing specified documents. For information on conditions precedent in bank lending documentation, see Practice Note: Conditions precedent. Within a debt capital markets transaction, the conditions precedent are set out in the subscription agreement (for a standalone issue) or the programme (or dealer) agreement (for an issue under a programme). For details on the differences between standalone issues and issuances under a programme, see Practice Note: Transaction structures—standalones versus programmes. There is usually...
Timeline This timeline monitors the principal developments and news items connected to securities lending transactions and repos. For details on the rules on reporting and transparency for securities financing transactions (Regulation (EU) 2015/2365), see: Securities Financing Transactions Regulation (SFTR)—essentials...