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Investment banking insolvency regulations meaning

What does Investment banking insolvency regulations mean?
In legal practice, this term describes the UK special administration regime for failed investment banks, created by HM Treasury regulations that modify ordinary insolvency law to prioritise the return of client assets and an orderly wind-down or rescue. It commonly refers to the Investment Bank Special Administration Regulations 2011 (as amended), made under the Banking Act 2009. Where an investment bank is unable to pay its debts or where a winding up would be just and equitable, the court may appoint special administrators. Their statutory objectives include: (1) returning client money and custody assets as soon as reasonably practicable; (2) engaging promptly with market infrastructure bodies and regulators; and (3) rescuing the investment bank as a going concern or, failing that, achieving the best outcome for creditors. The regime adapts Insolvency Act procedures and operates alongside the FCA’s client asset rules. Usage is broadly consistent across England & Wales and Scotland, with separate procedural rules. Northern Ireland has distinct insolvency legislation and practitioners should check local provisions. Ireland has no direct equivalent special administration: insolvency of investment firms proceeds under the Companies Act 2014, with Central Bank oversight and client asset protections under the Central Bank’s Client Asset Regulations.
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View the related News about Investment banking insolvency regulations

NEWS
UK, EU and international financial services regulatory developments: weekly highlights—FCA strategy, sanctions, prudential, markets, payments, cryptoassets/MiCA and AI (1 May 2025)

In this issue: UK, EU and International Regulators and Bodies Authorisation, Approval and Supervision Prudential Requirements Financial Crime and Sanctions Regulation of Capital Markets Regulation of Derivatives Sustainable Finance and ESG Banks and Mutuals Investment Funds and Asset Management UK MiFID II Regulation of Insurance FSMA Regulated Pensions Activity Payment Services and Systems Fintech and Cryptoassets Regulation of AI in FS Dates for your diary LexTalk® Financial Services: a Lexis®Nexis community UK, EU and International Regulators and Bodies FCA’s regulatory plans point to cautious optimism The Financial Conduct Authority’s 2025–2030 strategy, published on 25 March 2025, sets out four core priorities: combating financial crime supporting consumers encouraging growth becoming a smarter regulator Firms that look more closely will notice some less expected but reassuring signals: a commitment to a more adaptable supervisory approach for the largest firms,...

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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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NEWS
Conway v Plass: Lundy Granite in special administration—no administration expenses for non‑performance or FX close‑out without contractual benefit to the estate (England and Wales)

Conway and others (in their capacity as Joint Special Administrators of Argentex LLP (In Special Administration)) v Plass and others [2025] EWHC 2625 (Ch) What was the background? The matter related to directions requested by the Joint Special Administrators (JAs) of Argentex LLP (Argentex), after the firm entered special administration on 21 July 2025. By an application notice dated 12 August 2025, the JAs invited the court to give directions pursuant to paragraph 63 of Schedule B1 to the Insolvency Act 1986, as applied by the Payment and Electronic Money Institution Insolvency Regulations 2021 (the 2021 Regulations), SI 2021/716, regulation 37. Argentex’s core business comprised payment services alongside currency conversion, and it was authorised by the Financial Conduct Authority (FCA) both as an Electronic Money Institution under the Electronic Money Regulations 2011 and as a MiFID investment firm under Part 4A of the Financial Services and Markets Act 2000. The company offered customers spot, forward and option foreign exchange contracts, but it lacked the capital and authorisation to...

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View the related Practice Notes about Investment banking insolvency regulations

PRACTICE NOTES
UK regulated covered bonds: legal and regulatory regime, structure, documentation, listing and capital treatment

What are covered bonds? Covered bonds are asset-backed securities (ABS) with distinctive features: Issuer – they are brought to market by banks or other mortgage lenders Collateral – they are secured against a pool of mortgages or public sector indebtedness (the asset pool) Dynamic asset pool – the pool is maintained on a dynamic basis so that repaid or defaulted assets are replaced with new ones Dual recourse – bondholders have claims on both the issuer and the asset pool Statutory and regulatory regime – issuance takes place under a statutory and/or regulatory framework that ensures: the asset pool is segregated from the issuer’s other assets the pool is sufficient to cover repayment of the covered bonds bondholders enjoy a priority claim over the pool that is unaffected by the issuer’s default or insolvency UK-regulated covered bonds regime The UK legal and regulatory framework for covered...

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PRACTICE NOTES
Israel banking and payments regulatory framework: licensing, consumer protection, payment systems, AML/CTF, open banking, capital, ownership and control, foreign entry, enforcement, insolvency and resolution—Q&A guide

Banking regulation—Israel—Q&A guide This Practice Note presents a jurisdiction-specific Q&A on banking regulation in Israel, published within the Lexology Getting the Deal Through series by Law Business Research (Law stated at: 6 March 2023). Authors: Arnon, Tadmor-Levy—Aviad Lachmanovitch; Guy Fuchs 1. What are the principal governmental and regulatory policies that govern the banking sector? Israel’s banking rules have taken shape over many years. They originated with the Banking Ordinance 1941, from the British Mandate era, which empowered the governor of the Bank of Israel to appoint a Supervisor of Banks. That ordinance was largely supplanted by the Banking (Licensing) Law 1981. The Bank of Israel Law 1954 established the state’s central bank, and this statute was later wholly replaced by the Bank of Israel Law 2010. Any banking corporation—whether a bank, foreign bank, mortgage bank or investment finance bank—seeking to operate in Israel must hold a licence issued by the governor of the Bank of Israel...

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PRACTICE NOTES
Investment bank special administration regime: objectives, processes, FCA engagement, client asset return mechanics, creditor distributions, litigation issues, exit options and leading authorities, with 2017 amendments

Why these Regulations were introduced The 2007 financial crisis, exemplified by the collapse of Lehman Brothers in September 2008, revealed the profound economic consequences that can arise when major financial institutions fail. In consequence, the Investment Bank Special Administration Regulations 2011 (the Regulations), SI 2011/245, were brought into force on 8 February 2011 under powers in the Banking Act 2009 (BA 2009). The Investment Bank Special Administration (England and Wales) Rules 2011 (the Rules), SI 2011/1301, then commenced on 30 June 2011. Following the Bloxham review (see below) and a 2016 consultation, HM Treasury introduced the Investment Bank (Amendment of Definition) and Special Administration (Amendment) Regulations 2017, SI 2017/443, effective from 6 April 2017, updating the Regulations facilitate an administrator’s ability to transfer client assets reinforce the bar date mechanism confirm that client money claimants are not entitled to interest from the general estate, other than for any shortfall they would have incurred had they claimed against the client money pool...

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