The Bank Recovery and Resolution Directive 2014/59/EU (BRRD) establishes a framework for the recovery and resolution of investment firms and credit institutions and sets out a common resolution regime in the EU, that allows authorities to deal with failing institutions and creates a dialogue and system of cooperation between home and host authorities. This Practice Note looks at a number of technical standards and guidelines issued by the European Banking Authority (EBA), as mandated by the Directive.
This Practice Note covers the legal issues for a lender to consider when choosing between the two methods of receivables finance, being lending against security over receivables and purchasing receivables
This one minute guide explains the policy statements from the FCA and PRA on whistleblowing released in October 2015 and April 2017. The rules are designed to encourage a culture in which individuals raise concerns and challenge poor practice and behaviour within firms (i.e. ‘blow the whistle’). This one minute guide covers (1) background to the whistleblowing regime, (2) who the whistleblowing regime applies to, (3) the FCA and PRA whistleblowing requirements, and (4) whistleblowing requirements under MiFID II
This Practice Note looks at the key health and safety considerations of the contractor in preparing to begin work on a construction project and in setting up the site.
This Practice Note explains the differences between invoice discounting and factoring (as well as considering the difference between disclosed and confidential facilities). It explains the process and documentation involved in relation to invoice discounting and factoring. It also looks at the dilutions and challenges to ownership of a receivable and considers the role of UK Finance.
This Practice Note provides an intellectual property (IP) focussed guide to the fashion sector. It provides an overview on how fashion items are or may be protected by IP rights in the UK, including trade marks, copyright, designs, patents and trade secrets. It covers: how the fashion industry works, applicable IP rights, advertising and promotions, manufacturing, 3D printing and licensing arrangements. The Practice Note also deals with: infringement of IP rights, enforcement, where to sue, parallel imports, customs and trading standards, data protection and big data, consumer rights and distance selling, celebrity endorsement, and insolvency issues.
This Practice Note provides an overview of the third-country regime that was introduced by the revised and recast Markets in Financial Instruments Directive 2014/65/EU (MiFID II) and the Markets in Financial Instruments Regulation 600/2014 (MiFIR), which entered into force on 2 July 2014 and repealed and replaced the Markets in Financial Instruments Directive 2004/39/EC (MiFID I) with effect from 3 January 2018.
This Practice Note covers insolvency issues arising in receivables finance situations. Topics covered include security, the order of distributions, appointment of an administrator, antecedent transaction claims and insolvency set-off
As a result of a European Commission report in October 2008 which stated that the first Electronic Money Directive was holding back development of the e-money market, a second Electronic Money Directive (2EMD) was adopted by the European Parliament and the Council on 16 September 2009 which repealed the original Electronic Money Directive. European Member States were required to transpose the new directive into national law by 30 April 2011. This Practice Note looks at the key changes that the 2EMD introduced to the e-money regulatory landscape. This Practice Note also considers how the UK authorities implemented the 2EMD through secondary legislation, principally the Electronic Money Regulations 2011 (EMRs), as well as changes to the rules and guidance published by the Financial Services Authority (FSA) (predecessor to the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA)). It also looks at the changes made to the EMRs by the Payment Services Regulations 2017 (PSRs 2017) made as a result of amendments to the 2EMD by the recast Payment Services Directive (PSD2).
This Practice Note summarises the various roles of National Grid, and National Grid owned bodies, in the GB energy market. It includes discussion of National Grid Electricity Transmission plc (NGET), National Grid Gas (NGG), ELEXON, National Grid as Electricity Market Reform (EMR) Delivery Body, and National Grid plc. It also includes coverage of distinction between National Grid’s electricity transmission owner (TO) and electricity system operator (SO) roles and the anticipated upcoming split of these TO and SO roles between NGET and the newly incorporated National Grid Electricity System Operator Limited (NGESO).
In June 2012, the European Council proposed the establishment of the EU Banking Union as part of a longer term vision for further economic and monetary integration for all Member States in the Euro-zone (an Economic and Monetary Union of the European Union (EU) Member States). A core element of the EU Banking Union represents the Single Resolution Mechanism (SRM), which along the Single Supervisory Mechanism (SSM), creates the basis for the foundation of an Euro-zone Banking Union. This Practice Note looks at the SRM, which allows for the resolution of banks covered under the SSM, to be managed timely and efficiently through the Single Resolution Board and Single Resolution Fund.
In June 2012, the European Council proposed the establishment of the European Banking Union as part of a longer term vision for further economic and monetary integration for all Member States in the Eurozone (an economic and monetary union of the European Union (EU) Member States). A core element of the Banking Union consisted of the development of a Single Supervisory Mechanism (SSM), establishing the European Central Bank as the overarching prudential supervisor of significant Eurozone banks. This Practice Note looks at the Single Rulebook which will be used under the SSM with the intention of achieving a uniform regulatory framework throughout the EU financial sector, creating greater consistency, transparency and efficiency.
The European Union is in the process of finalising a European Banking Union, which is underpinned by a single regulatory rulebook for financial services. This will promote the integration of banking supervision within the EU. Central to the European Banking Union is the Single Supervisory Mechanism (SSM) (established by Council Regulation (EU) 1024/2013 (Regulation)). The SSM is designed to ensure that supervision of credit institutions is coherent, effective and consistent with the functioning of the internal market for financial services and the free movement of capital. This Practice Note provides an introduction to the SSM and looks at its application, scope and time frame for implementation.
This asbestos indemnity can be used in the sale and purchase agreement and asset purchase agreement when the target company is in breach of the Control of Asbestos Regulations 2012, for example not having an asbestos register or if asbestos remedial work is required. It assumes the definition terms which would be defined in such an agreement, such as ‘Properties’ and ‘Completion Date’.
This Precedent has been archived and is not maintained. This Precedent contains the following CRC clauses for a share sale agreement (a) CRC warranties and (b) a clause that can used when the Buyer organisation is a participant in the CRC Energy Efficiency Scheme and the target company is not the sole participant in the Scheme in its Group, but is a separate participant from the rest of the Group, or a ‘participant equivalent’.
This Precedent contains representations, warranties and environmental covenants for insertion in a Facility Agreement.
The scope of this indemnity is quite extensive but is drafted reasonably. It can be made more or less stringent as required. This is drafted to be contained within a Share Purchase Agreement and accordingly assumes the definition terms which would be defined in the Share Purchase Agreement, such as "Completion" and "Property". If there is to be a separate deed then the document will require tailoring as relevant.
The scope of this indemnity is quite extensive but is drafted reasonably. It can be made more or less stringent as required. This is drafted to be contained within an Asset Purchase Agreement and accordingly assumes the definition of terms which would be defined in the Asset Purchase Agreement, such as ‘Assets’, ‘Completion’ and ‘Property’. If there is to be a separate deed then the document will require tailoring as relevant.
This Checklist covers some of the main provisions to be included in a mobile virtual network operator (MVNO) agreement under which a mobile network operator supplier will provide wholesale access services to an MVNO for resale to its own retail customers. It covers some of the main provisions that are specific to an agreement of this kind.
This Practice Note describes the key features of the regime for electricity licensing in Great Britain (GB). It covers the general requirements set out in the Electricity Act 1989 for entities undertaking certain activities in the GB electricity market to hold a licence, the power to grant licences and the process through which this occurs. It includes coverage of the electricity supply licence, electricity distribution licence, electricity transmission licence (system operator and system owner), interconnector licence, and smart metering communications licence. It also addresses the circumstances in which an exemption from the general requirement to hold a licence may exist and the process of ‘Licence Lite’ available in the electricity supply sector.
This Practice Note considers the methods of bringing a private sector residential tenancy to an end in Scotland both before and after 1 December 2017. Different methods apply in relation to social housing which are not covered within the scope of this Practice Note.
This Practice Note considers the issues arising in commercial service charge disputes in Scotland. It does not consider disputes with factors or service charge in the residential context.
This Practice Note provides an overview of the key risks for consumers from cryptoassets, the current protections available and potential improvements that can be made to the regulatory regime.
This Practice Note is aimed at brands wishing to engage with influencers (or other talent) for particular social marketing campaigns and advertising promotions in Portugal. It covers: legal rules applicable to influencers, what kind of publications are regulated including what constitutes a ‘commercial communication’ for the purposes of regulation, disclosure requirements, additional requirements where publication deals with consumer credit, health claims, alcohol, minors, and betting and gambling. The Practice Note also covers sanctions and risks, and key provisions in Portugal focused agreements.
This Practice Note considers the second stage of enforcement of standard securities over heritable property in Scotland. It deals with the steps creditors may take following expiry of notices, namely voluntary surrender procedures and use of court proceedings, the sale process and distribution of the proceeds of sale. It also briefly considers alternative enforcement using insolvency procedures.
This Practice Note considers the relevant legal and regulatory frameworks covering data protection, privacy and security which impact on the development of the internet of things (IoT).
This Practice Note considers the IR35 rules that apply when a public authority or a medium or large private sector entity with a UK connection engages an off-payroll worker through their own personal service company (PSC). These rules shift the responsibility for assessing whether IR35 applies from the PSC to the client (or another intermediary). This Practice Note explains how the regime operates, considers the detailed information requirements, such as the ‘status determination statement’, and also sets out the consequences of non-compliance. This Practice Note was produced in partnership with David Smith of DLA Piper.
This Practice Note considers the law of irritancy in the context of commercial leases in Scotland. In particular, it considers the differences between legal and conventional irritancies, irritancy procedure, defences and the effect of irritancy on sub-leases and charge-holders.
This Practice Note considers break notices in the context of commercial leases in Scotland and in particular mandatory requirements, errors in expression, the identities of parties, service and the withdrawal of break notices. The Note does not cover break notices in agricultural leases.
This Practice Note provides an overview of the implementation of the Consumer Credit directive in the UK and will examine the scope of the consumer credit directive; the key changes made by the Consumer Credit Directive and the Financial conduct Authority regime for consumer credit.
This Practice Note considers rent and how to recover rent arrears in commercial lettings in Scotland. It also considers the basic principles of non-domestic rates.
This Practice Note considers the main judicial and non-judicial remedies in the context of landlord and tenant disputes in Scotland, namely interdict, specific implement, payment action, damages action, recission, retention of rent, irritancy, hypothec and action for recovery of heritable property. The Note does not cover remedies in relation to agricultural leases.
This Practice Note provides a detailed overview of the key participants in the Great Britain electricity market. This Great Britain (GB) electricity market overview covers the principal organisations/types of organisation involved in the generation, transmission, international interconnection, distribution, and supply of electricity (electricity wholesale market, electricity retail market, and electricity networks market). It also provides details of those who regulate and administer the main controls, industry codes, support mechanism and policies seen in the electricity market.
This Practice Note examines specific issues within the Office of Communications’ (Ofcom) regulatory framework related to Voice over Internet Protocol (VoIP) technology and gives practical suggestions for dealing with future developments.
This is a precedent multi-sourcing (towers) agreement under which the customer appoints a supplier to provide one or more service towers under the management of a separate service integration and management (SIAM) provider appointed separately by the customer. It is drafted in favour of the customer and includes GDPR-compliant data processing provisions.
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