Bank reform and financial stability

This Overview is a guide to the Banking & Finance content within the Bank reform and financial stability subtopic, with links to the appropriate materials.

The information in this subtopic is aimed predominantly at transactional banking lawyers. For more detailed information on bank stability, as well as information on regulation of shadow banking, please refer to the Lexis+® UK Financial Services module.

Practice Note: Introductory guide to financial services regulation for banking and finance lawyers provides introductory information on financial services regulation for banking and finance lawyers working in non-regulatory roles. It explains at a high level what is meant by financial services regulation, when transactional banking and finance lawyers need to think about regulatory issues, how to go about researching regulatory issues, and how to find out what regulations may be relevant on a finance transaction.

Bank stabilisation, recovery and resolution

Rules around bank stabilisation and recovery are of interest to transactional finance lawyers who may be called upon to advise where, for example, a lender fails to meet commitments under a facilities agreement, defaults under a derivatives contract, or goes into a stabilisation

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Latest Banking & Finance News

FCA publishes Quarterly Consultation Paper No 46

The Financial Conduct Authority (FCA) has published ‘CP24/26: Quarterly Consultation Paper No 46’. Key proposals include clarifications to the Sustainability Disclosure Requirements (SDR), refinements to consumer credit product sales data reporting, adjustments to travel insurance signposting rules for pre-existing medical conditions, and the disapplication of the Compliance Oversight Function from Insurance Special Purpose Vehicles. The consultation also covers updates to UK Corporate Governance Code references and introduces CASS audit requirements for debt management firms. Responses are sought by 13 January 2025 for most of the proposals and by 27 January 2025 for others.

High Court clarifies position of sole directors under Model Articles and the interaction between UK sanctions regulations and in-court appointment of administrators (Re KRF Services (UK) Ltd and others)

Restructuring & Insolvency analysis: This High Court case (which addresses two important issues in UK company law and sanctions regulations) will be of interest to insolvency practitioners, corporate and restructuring lawyers, sanctions lawyers, and businesses and individuals which are affected by sanctions. Firstly, it clarifies the position of sole directors under the Model Articles for private limited companies. The court ruled that a sole director can validly pass board resolutions and bind the company, regardless of whether they have always been the sole director or were previously part of a multi-member board. This interpretation resolves conflicts between Article 7(2) and Article 11(2) of the Model Articles, with the court favouring Article 7(2)'s provisions. Secondly, the case examines the interaction between UK sanctions regulations and the in-court appointment of administrators. The court determined that making an administration application and order does not breach asset-freezing sanctions, even when the company is designated or controlled by a sanctioned person. While an Office of Financial Sanctions Implementation (OFSI) license is typically required for administrators to act, the court retains discretion to make immediate appointments in urgent situations. Written by Joshua Ray and Duncan Henderson, partners at CANDEY, which acted for the First and Second Applicants on this matter.

Banking and Finance weekly highlights—5 December 2024

This week's edition of Banking and Finance weekly highlights includes: (1) RICS announces updated Red Book Global Valuation Standards; (2) AFME releases report on UK capital markets; and (3) European Commission publishes FAQs on the EU taxonomy for sustainable economic activities.

UKSC and JCPC launch new websites and online Case Management Portal

The UK Supreme Court (UKSC) and Judicial Committee of the Privy Council (JCPC) have introduced new websites and a new online case management portal. This digital platform enables registered users to submit and manage case information electronically, offering a range of functions including applications for Permission to Appeal, submission of case-related documents and payments, case correspondence, progress monitoring, and direct communication with the Registry.

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