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ARCHIVED : This Checklist has been archived and is not maintained . STOP PRESS: From 1 November 2024, the UK’s new securitisation framework took effect, annulling and supplanting the onshored EU legislative regime. Although the UK rules broadly preserve the substance of the prior onshored EU approach, they part company in several notable respects, including scope, risk retention, transparency, due diligence and STS designation. For a side-by-side of the STS criteria under both frameworks, see Practice Note: UK and EU securitisation regimes—comparison. On 17 June 2025, the European Commission issued its long-anticipated review of the EU Securitisation Framework, together with an extensive legislative package proposing amendments to the EU Securitisation Regulation (Regulation (EU) 2017/2402), the EU Capital Requirements Regulation (Regulation (EU) No 575/2013), the EU Solvency II Delegated Regulation (Commission Delegated Regulation (EU) 2015/35) and the EU Liquidity Coverage Requirement Delegated Regulation (Commission Delegated Regulation (EU) 2015/61). Proposed changes to the EU Securitisation Regulation cover, among other matters, risk retention, due diligence, transparency, STS on-balance sheet securitisations and...
This timeline outlines key developments linked to the Alternative Investment Fund Managers Directive (EU) 2011/61/EU (EU AIFMD) from January 2024 onwards. For earlier developments, see Alternative Investment Fund Managers Directive (AIFMD)—timeline [Archived]. For further guidance on EU AIFMD, see Practice Note: EU AIFMD—essentials. For guidance on the UK Alternative Investment Fund Managers (AIFM) regime, see Practice Note: UK regulation of alternative investment fund managers—essentials. 2026 13 March 2026 — ESMA — Guidelines on Liquidity Management Tools (LMTs) for UCITS and open-ended AIFs. The European Securities and Markets Authority (ESMA) has published guidelines on LMTs for UCITS and open-ended AIFs...
This timeline highlights key developments within the UK prudential framework for banks and designated investment firms from January 2024 onwards. For earlier milestones, see: Capital Requirements Directive IV (CRD IV) and Capital Requirements Regulation (CRR)—timeline [Archived]... 2026 17 March 2026 — Prudential Regulation Authority (PRA) Speech: Phil Evans on modernising the liquidity framework for banks and building societies PRA unveils liquidity reform proposals Document: CP5/26—Modernising the liquidity policy framework The PRA has issued consultation paper CP5/26—Modernising the liquidity policy framework, outlining measures to ensure banks can rapidly monetise high-quality liquid assets during swift stress episodes, such as the 2023 Silicon Valley Bank collapse. Comments are requested by 17 June 2026. In remarks on the plans, the PRA’s Phil Evans said the focused and proportionate changes would enhance firms’ capacity to realise assets and sharpen operational readiness...
Re Thames Water Utilities Holdings Ltd [2025] EWHC 338 (Ch) What are the practical implications of this case? Under the plan, TWUL will receive up to £3bn in liquidity from a cohort of its current senior lenders (‘the Class A Creditors’), whilst it continues to take steps to implement a stable, long‑term restructuring plan. As Leech J observed, it seems improbable that TWUL will carry the entire debt burden over the long term—he considered it likely that the Class A Creditors will accept a ‘substantial haircut’ to deliver the long‑term restructuring. Liquidity from existing senior creditors will underpin a stable, long‑term restructuring plan in full. Leech J’s judgment is dense with familiar yet critical practical guidance, emphasising: the need to file expert evidence precisely directed at the issues under consideration; the pitfalls where factual witnesses are unfamiliar with the documents on which they give evidence; the risks of advancing late submissions without the Court’s invitation. He also records notable legal...
In this issue: UK, EU and international regulators and bodies Authorisation, approval and supervision Operational resilience Financial crime and sanctions Consumer protection Complaints, compensation and claims management Investigations, enforcement and discipline Regulation of capital markets Packaged Retail and Insurance-based Investment Products (PRIIPs) Dispute resolution for financial services lawyers Regulation of derivatives Sustainable finance and ESG Investment funds and asset management UK MiFID II EU MiFID II Payment services and systems Fintech and cryptoassets Regulation of AI in FS LexTalk®Financial Services: a Lexis®Nexis community Financial Services Enforcement Database Daily and weekly news alerts Intraday news alerts New and updated content Dates for your diary Latest Q&As No Weekly Highlights on 24 April 2025 UK, EU and international regulators and bodies FCA announces first international presence in US and Asia-Pacific regions The Financial Conduct Authority (FCA) has unveiled its...
In this issue: Prudential requirements Financial crime and sanctions Complaints, compensation and claims management Investigations, enforcement and discipline Regulation of capital markets Sustainable finance and ESG Banks and mutuals Investment funds and asset management UK MiFID II Consumer credit, mortgage and home finance Regulation of insurance FSMA regulated pensions activity Payment services and systems Financial Services Enforcement Database Daily and weekly news alerts Intraday news alerts New and updated content Dates for your diary Prudential requirements COREPER asked to endorse agreement on CCP concentration risk treatment After the European Parliament adopted, in April 2024, a proposal for a directive of the Parliament and the Council to amend Directive 2009/65/EC (UCITS), Directive 2013/36/EU (CRD IV) and the Investment Firms Directive (EU) 2019/2034 (IFD), the Council of the EU’s General Secretariat released an ‘I/A’ Item Note inviting the Council’s Permanent Representatives Committee (COREPER) to confirm its agreement...
This Practice Note examines core aspects of the UK framework for money market funds (MMFs) that stems from Regulation (EU) 2017/1131 (the EU MMF Regulation). It also looks at suggested changes to the framework, with the Financial Conduct Authority (FCA), HM Treasury and the Bank of England (BoE) working jointly to bolster its resilience and align it with post‑Brexit regulatory objectives. For background on the EU MMF Regulation, see Practice Note: EU MMF Regulation—essentials. What is an MMF? Money market funds (MMFs) are investment funds that invest in short‑term debt instruments and so play a significant role in the short‑term financing of the economy. In particular, MMFs are open‑ended, liquid investment funds that invest in fixed income through short‑term debt, for example money market instruments issued by banks, governments or companies (including treasury bills, commercial paper and certificates of deposit) which pay interest. They therefore form an important connection between demand for, and the supply of, short‑term debt. Further information on the eligible assets of an MMF is...
Practice Note This Practice Note outlines the courts’ treatment of business assets in financial remedy proceedings, covering matters such as whether those assets might be realised by sale, the circumstances for lifting the corporate veil and the effect of the Supreme Court’s ruling in Prest v Petrodel Resources, as well as the deployment of expert opinion. It further reviews situations in which business assets may, to varying degrees, be classed as non-matrimonial/civil partnership property, and how risk is apportioned between the parties as between assets that are ‘copper-bottomed’ and those that are ‘risk laden’, with reference to Wells sharing. Business interests—whether shareholdings in a limited company, stakes in a partnership or LLP, or the assets of a sole trader—form part of the pool of marital/civil partnership assets alongside other property or investments. Unlike land or buildings, bank balances and portfolio holdings, a business interest is often hard to quantify and typically lacks liquidity. A business interest is not merely an item to be costed by an accountant and inserted...
ARCHIVED: This Practice Note is archived and is no longer maintained Coronavirus (COVID-19) Lawyers across the globe have been addressing shared concerns linked to the coronavirus (COVID-19) outbreak. Several issues are especially pertinent for banking and finance practitioners. For additional detail and commentary, see Practice Note: Coronavirus (COVID-19) implications for Banking & Finance lawyers, which is updated frequently with news, practical guidance and analysis on the impact of COVID-19 developments. This Practice Note sets out governmental and regulatory actions taken in response to the pandemic from a lending standpoint, the effects on facility agreements—viewed from both borrower and lender perspectives—and a series of practical considerations relating to executing transactions. We have compiled COVID-19 FAQs, bringing together common questions that may arise on lending deals during the crisis. We add to this list on a regular basis. To access the questions, see Practice Note: Coronavirus (COVID-19)—Banking & Finance frequently asked questions [Archived]. Specialist financing transactions This Practice Note summarises core, general points to assess on...
This is designed to build your understanding of your organisation’s finance and accounting by providing essential financial questions. Capture every response in the table. You might also need to consult your finance team to fill any omissions along the way as you proceed...