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PRACTICE NOTES
Introduction In addition to the formal provisions of (i) the UNCITRAL Model Law on Cross-Border Insolvency (enacted in England by the Cross-Border Insolvency Regulations 2006 (CBIR 2006), SI 2006/1030) (see: UNCITRAL Model Laws—overview), and (ii) the Regulation (EU) 2015/848 (OJ L141 5.6.2015 p 19), Recast Regulation on Insolvency [EU Recast Regulation on Insolvency]) which applies between Member States (see: EU Recast Regulation on Insolvency (Member State to Member State)—overview), there are various other guidelines which although having no formal legal status, are sometimes voluntarily chosen by parties to assist in cross-border restructurings and insolvencies including: • INSOL International (International Association of Restructuring, Insolvency & Bankruptcy Professionals): Statement of Principles for a global approach to multi-creditor workouts II, 2017 (the INSOL principles) • INSOL Europe Turnaround Wing Guidelines for Restructuring and Turn Around Professionals (the INSOL TW Guidelines) • ALI (American Law Institute) Principles of co-operation in transnational insolvency cases among the members of the North American Free Trade Agreement (NAFTA), 2001 (the ALI NAFTA Principles) • ALI/III (International Insolvency Institute) Guidelines applicable
GLOSSARY
This phrase is sometimes used in a construction contract to describe a date by which an identifiable step or milestone must be commenced or completed. It is also a defined term in the NEC3/NEC4 contracts (see clause 11.2(9) of the NEC3 Engineering and Construction Contract (ECC) and 11.2(11) NEC4 ECC) and, where used, is specified by the parties in the Contract Data section along with the condition which must be met by the relevant date.
PRACTICE NOTES
Date Event January 2014 1 Latvia adopts the Euro as its currency—see LNB News 09/07/2013 101. Equator Principles III apply to all new transactions—see Practice Note: The Equator Principles and the Equator Principles website for more information. Bank levy increases as announced in the 2013 budget. A further in increase in the bank levy rate was announced in the Autumn Statement 2013. The bank levy chargeable at the full rate will be 0.156% in respect of 'short term' liabilities and a reduced rate of 0.078% in respect of 'long term' liabilities and equity—see News Analysis: Autumn Statement 2013 and HM Revenue & Customs notice. All activities currently carried out by the African Loan Market Association integrated and absorbed into the structure of the Loan Market Association—see news analysis: The Loan Market Association—2013 in review and LMA press release. The Capital Requirements Directive IV and the Capital Requirements Regulation apply—see Practice Note: EU CRD IV package—essentials and the announcement from the
PRACTICE NOTES
January 2015 1 The International Swaps and Derivatives Association (ISDA) resolution stay protocol comes into force—this has been developed in coordination with the FSB to support cross-border resolution and reduce systematic risk—see ISDA press release for more details. 1 Main provisions of the Bank Resolution and Recovery Directive (BRRD) need to be transposed by member states—see Bank of England publication. 1 Changes to bank levy as announced in the Budget 2014 will start to take effect—see Bank levy consultation paper. 2 Eurepo index discontinued—see ICMA press release. 6 Deadline for responding to consultation on ring-fencing. Firms may apply to modify the rules on ring-fencing under proposals put forward for consultation by the PRA. Views are sought on the PRA’s policy proposals, including the legal structure, governance arrangements and arrangements to ensure continuity of services and facilities—see LNB News 06/10/2014 55 and the consultation paper. 10 Brussels I recast regulation starts to apply—see the LexisNexis Dispute Resolution
PRACTICE NOTES
This Practice Note contains a list of key future developments and dates for financial services lawyers relating to a range of topics including UK and EU legislation, rules and guidelines, as well as developments related to international financial services policy-setting and regulatory bodies and trade associations. Dates are listed in chronological order, and each development includes relevant topic areas for easy reference, as well as links to relevant resources. A list of abbreviations used in the horizon scanner is provided at the end of this document. For comprehensive timelines of developments that have already occurred in relation to key UK and EU financial services regulatory regimes, see UK and EU financial services regulation—trackers and timelines—overview. 2026 Date Topic Event 16 October 2026 Regulation of capital markets As part of a package of reforms designed to improve transparency, strengthen access to market-wide information and support confidence in UK equity markets, the FCA has published consultation papers CP26/30: Supporting equity market transparency and considering market structure developments, and CP26/31: Policy Statement for the framework
PRACTICE NOTES
March 2023 ARCHIVED: This Practice Note has been archived and is not maintained. Date Type Details 15 March 2023 Government announcements Spring Budget 2023 23 March 2023 Deadline Date from which new valuations can be submitted to HMRC in respect of CSOP options which take into account the new regime change re lifting of restrictions for shares 31 March 2023 Deadline Deadline for responses to be made to PRA Consultation Paper 15/22 and FCA Consultation Paper 22/28 on removing the existing limits on the ratio between fixed and variable components of total remuneration (the ‘bonus cap’) April 2023 Date Type Details 1 April 2023 New regime start date The rate of the corporation tax surcharge on banking companies reduces to 3% (down from 8%) and the surcharge allowance increases to £100m (up from £25m) 1 April 2023 Rates The main rate of corporation tax will increase to 25% from this date for profits over £250,000 6 April 2023 New regime start date Changes
PRACTICE NOTES
September 2026 Date Type Details 7 September 2026 Consultation Consultation on draft legislation for inclusion in Finance Bill 2027 closes 7 September 2026 Consultation Consultation on simplifying treaty relief from withholding tax on interest paid overseas closes 14 September 2026 Consultation Consultation on modernising the taxation of distributions and repayments of capital from companies closes 15 September 2026 Call for Evidence Call for Evidence on PAYE Settlement Agreements (PSAs) closes 15 September 2026 Call for Evidence Call for Evidence on Voluntary National Insurance contributions closes 17 September 2026 Interest rates Bank of England Monetary Policy Committee announcement on base rate 21 September 2026 Consultation Consultation on reforming Land Remediation Relief closes 21 September 2026 Consultation Consultation on Tax Treatment of Predevelopment costs closes 28–29 September 2026 Case UT hearing in HMRC v Inside Track 3 LLP October 2026 Date Type Details 1 October 2026 Temporary relief Temporary zero rate VAT for domestic electricity and other qualifying supplies in Great Britain (since
PRACTICE NOTES
This Practice Note explains the key bond issue, private placement and loan facilities deal structures used in social housing finance in England. For more information on social housing finance transactions, see Practice Notes: • Social housing entities entering into finance transactions • The key financing terms in social housing finance, and • Taking and enforcing security from social housing entities This Practice Note purely focuses on private not-for-profit providers of social housing registered in England, referred to in this Practice Note as ‘RPs’, since they account for the vast majority of private debt finance raised to date by housing associations. It does not cover providers of social housing that are registered in Wales. Social housing finance—typical funding principles Most social housing finance is provided as general corporate funding rather than funding for a particular project or development. Most financing is secured on social housing assets, but this is not always the case. In recent years, there have been a number of transactions where unsecured
GLOSSARY
A significant decision which is the responsibility of a local authority executive (an executive decision).
PRACTICE NOTES
FORTHCOMING CHANGE: This Practice Note reflects the current legislative position, however, note that certain elements will be impacted by the Digital Omnibus proposals published on 19 November 2025, pursuant to the EU Commission’s ‘simplification’ agenda. For more information, see Practice Note: EU Digital Omnibus—tracker. This Practice Note provides further guidance on key definitions used in the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (the EU GDPR). Scope of this Practice Note This Practice Note considers provisions under the EU GDPR applicable in EEA states at the supranational level only—refer to guidance from the relevant national data protection authorities and national laws regarding the approach that may be taken in any EEA jurisdiction. Given the extensive data flows between EEA and other jurisdictions, practitioners may have to consider not only the extra-territorial effects of the EU GDPR in other jurisdictions, but also the extra-territorial effect of the data protection laws of third countries on the processing and use in the EEA of personal data relating to individuals located in those third countries. Background
PRACTICE NOTES
This Practice Note provides further guidance on key definitions used in the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (the UK GDPR). For a high-level introduction to UK data protection laws, see Practice Notes: The UK General Data Protection Regulation (UK GDPR) and Data protection law—new starter guide. The UK data protection law collection collates further general guidance and is a recommended starting point for research. Scope of this Practice Note Given the extensive data flows between the UK and EEA, equivalent EEA data protection laws remain of particular interest to UK practitioners. There is still a great deal of similarity between: • the EU GDPR (which was applicable under UK laws until the end of the Brexit implementation period at 11 pm UK time on 31 December 2020 and remains applicable in the EEA), and • the UK GDPR (applicable under UK laws from the end of the Brexit implementation period and largely based on the EU GDPR) However, the focus of this Practice Note is on the UK
PRACTICE NOTES
ARCHIVED: This archived Practice Note provides information on the data protection regime before 25 May 2018 and reflects the position under the Data Protection Act 1998 (DPA 1998). This Practice Note is for background information only and is not maintained. Background The DPA 1998 governs processing of personal data in the UK. It obliges processors of such data to comply with eight principles, and gives individuals a right to know what information is held about them. For further information on the principles, see Practice Note: Data protection principles under the DPA 1998. The Information Commission’s Office (ICO) supervises and enforces the implementation of the DPA 1998. For more information, see Practice Notes: The Information Commission’s Office (ICO) and Sanctions and enforcement under the DPA 1998. Sections 1 and 2 of the DPA 1998 contain definitions for the key terms used throughout the act and within the Information Commissioner's codes of practice or other guidance. Key statutory definitions include: • Data • Personal data • Sensitive personal data • Data subject • Data controller • Data