The following Financial Services practice note Produced in partnership with Morrison & Foerster LLP provides comprehensive and up to date legal information covering:
Brexit; 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 Capital Requirements Regulation (EU) 575/2013 (CRR) and prudential regulation, see Practice Note: Impact of Brexit: CRR and prudential regulation—quick guide.
This Practice Note provides a summary of the internationally recognised requirement for financial institutions, in particular banks and investment firms, to maintain a minimum level of regulatory capital. It considers what regulatory capital is, its purpose and the quality and quantity required by current regulation. The current international standard stems from the Basel III regime as published by the Basel Committee on Banking Supervision (BCBS). On 20 June 2013, the Council of the European Union adopted the CRD IV package to implement the Basel III international reforms across Member States in Europe and to introduce stricter capital requirements for banks and investment firms. The CRD IV package was published in the Official Journal on 1 July 2013 and the majority of provisions came into effect on 1 January 2014 (for further background on CRR and CRD IV see Practice Note: CRD IV—essentials).
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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
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
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