The following Financial Services practice note provides comprehensive and up to date legal information covering:
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on the impact of Brexit on the CRR and prudential regulation, see Practice Note: Impact of Brexit: CRR and prudential regulation—quick guide.
Following the financial crisis, the Financial Stability Board (FSB) and a number of national regulators conducted reviews into the governance and structure of remuneration arrangements within the financial services sector. The main conclusions drawn from these reviews were that:
firms (and regulators) had failed to appreciate the extent to which remuneration policies and practices could encourage excessive risk taking
the structure of remuneration specifically could encourage excessive risk taking by focusing on cash-based, short-term incentives
bonus pool calculations did not sufficiently take account of firms’ capital and liquidity costs and the risks they faced
performance management systems often focused too heavily on financial performance and didn’t take into account multi-year performance
The FSB formalised the conclusions of its review into a set of FSB Principles for Sound Compensation Practices published on 25 September 2009. National regulators then began to draw up plans for regulating remuneration; in the US a set of high
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This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
IntroductionShari'ah (also Sharia, Shariah or Shari’a) (literally, in Arabic, 'the path towards the watering place') or Islamic law is the legal system of the religion of Islam that sets out a system of duties or code of conduct for individuals to follow so that they may live their life in a
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