Rachpal Thind#4507

Rachpal Thind

Partner, Sidley Austin
Rachpal's clients turn to her for advice on complex UK and EU regulatory and compliance matters, in particular those relating to cross-border issues. She has for many years counseled overseas banks, investment management firms, insurance companies and consumer credit firms on UK authorization and licensing requirements, as well as on EU/UK anti-money laundering and financial sanctions compliance matters. When clients interact with regulatory agencies, Rachpal provides technical and strategic support on regulatory investigations and breaches.

Rachpal also has extensive experience of advising arrangers, issuers, originators, investment managers and investors on the regulatory aspects of structured finance and capital market transactions covering the Securitization Regulation, regulatory capital requirements, marketing and listing requirements, and market conduct issues within the context of the Market Abuse Regulation.

Recent representative matters include advising:

  • The lenders on Sotheby's art loans structured facility. The transaction was named "Structured Finance and Securitization Deal of the Year" at the IFLR Americas Awards 2021.
  • Zenith (a portfolio company of Bridgepoint) on securitization risk retention requirements in relation to its vehicle lease Asset-Backed Commercial Paper and Asset-Backed Lending structures (ongoing)
  • Partners Group, a leading global private markets firm, on expanding the shareholder base of International Schools Partnership, a leading international group of K-12 schools.
  • Great Hill Partners in connection with its investment in BigChange, the leading mobile workforce management technology company for the service and transport sectors.
  • Massachusetts Mutual Life Insurance Company on its acquisition of a shareholding in Rothesay Life.
  • TowerBrook Capital Partners on the acquisition of CarTrawler.
  • A European bank as its primary counsel on securitization risk retention requirements under the EU Securitization Regulation within the context of its U.S. transactions.

Rachpal's practice also encompasses advising purchasers and sellers of regulated loan portfolios on EU and UK regulatory requirements relating to residential and buy-to-let mortgages, personal secured and unsecured loans, consumer hire goods and services, and credit cards. She has also assisted banks and finance and leasing companies on the development of new products and advising on preparing customer documentation in compliance with the Consumer Credit Act 1974 and the Financial Conduct Authority’s mortgage and consumer credit conduct of business rules.

Rachpal is recognized in The Legal 500 UK 2017 for Financial Services, with sources noting that she “provides ‘very thorough advice’ to clients.”
Contributed to

4

EEA passporting rights under the Mortgage Credit Directive
EEA passporting rights under the Mortgage Credit Directive
Practice Notes

This Practice Note sets out the passporting rights and related notification requirements of mortgage credit intermediaries established in the European Economic Area set out in the Mortgage Credit Directive (MCD). The Practice Note provides an overview of the MCD, the scope of passporting rights under the MCD, notification and consent requirements under the MCD and the supervisory processes that regulators and firms must follow.

Exercise of passporting rights—insurance undertakings in the EEA
Exercise of passporting rights—insurance undertakings in the EEA
Practice Notes

This Practice Note sets out the passporting rights and related notification requirements of insurance undertakings established in the EEA.

Regulation of consumer buy-to-let lending in the UK
Regulation of consumer buy-to-let lending in the UK
Practice Notes

This Practice Note sets out the regulatory regime for consumer buy-to-let (CBTL) lending under the Mortgage Credit Directive Order 2015 (SI 2015/910) (MCD Order 2015), which transposed the EU Mortgage Credit Directive (2014/17/EU) (the MCD) into the UK regulatory framework prior to the UK’s decision to leave the EU. The regulated CBTL regime extended the regulated mortgage regime with respect to both secured (first or second charge) and unsecured forms of consumer credit agreements entered into on or after 21 March 2016 relating to property that in part, or in whole, is occupied as a dwelling on the basis of a rental agreement. This Practice Note also looks at the impact of the UK’s decision to leave the EU on the regulation of CBTL lending in the UK.

Authorisation requirements for CBTL mortgages—flowchart
Authorisation requirements for CBTL mortgages—flowchart
Flowcharts

The purpose of this flowchart is to assist firms in determining whether they need to apply for authorisation to carry on regulated activities in relation to consumer buy-to-let (CBTL) mortgages.

Practice Areas

Panel

  • Contributing Author

Qualified Year

  • 2002

Membership

  • London Chair of the firm’s Committee on the Evaluation and Compensation of Associates
  • Member of the firm’s Diversity Committee
  • Member of the firm’s Committee on Retention and Promotion of Women
  • A member of the global advisory board of the Women in Law Empowerment Forum

Education

  • Warwick University (LL.M., 1998)
  • Warwick University (LL.B., 1997)

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