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NEWS
This week's edition of Banking and Finance weekly highlights includes: (1) ICMA, AFME and ISDA update their systematic internaliser briefing paper, (2) ISDA announces paper on EC’s post-trade transparency proposals for market integration and supervision, and (3) IRSG responds to FCA consultation on sustainability disclosure standards alignment.
NEWS
This week's edition of Banking and Finance weekly highlights includes: (1) our 2024 end of year round ups and what to look out for in 2025; (2) updated guidance published on the information sharing measures under the Economic Crime and Corporate Transparency Act 2023; and (3) DBT issues guidance on countering Russian sanctions evasion and implementing no-Russia clauses.
NEWS
This week's edition of Banking and Finance weekly highlights includes: 1) our quarterly sustainable finance round-up from April to June 2026; 2) our cases round-up from June 2026; and 3) a recent Court of Appeal decision on whether a contractual default interest rate was an enforceable provision rather than an unlawful penalty.
NEWS
This week's edition of Banking and Finance weekly highlights includes: (1) News analysis on the Binyon case where a debenture was declared void against the administrators of the company; (2) the Loan Market Association responds to the Transition Finance Market Review call for evidence; and (3) ISDA and AFME responds to FCA’s proposal on publicising enforcement investigations.
NEWS
This week's edition of Banking and Finance weekly highlights includes: (1) Government departments update ECCTA guidance on AML information sharing measures, (2) HMLR publishes blog post addressing common questions following acceptance of qualified electronic signatures and (3) ICMA and AFME publish confidentiality agreement template for bond offerings.
PRACTICE NOTES
Why are lenders concerned about environmental risk? The ever growing number of environmental laws has affected the way that lenders perceive environmental risk and has generally given rise to a more stringent approach. Lenders are concerned about environmental risk for a number of reasons: • it can reduce the credit-worthiness of a borrower or guarantor • it can divert the cashflows on a finance project • it can negatively affect the value of the lender’s security • it can create direct liability for the lender (civil, criminal, requirements to remediate or comply with enforcement notices), and • there can also be reputational risks in lending to businesses that are seen as being 'dirty', particularly given environmental, social and governance (ESG) factors where a range of mechanisms and principles are fomenting responsible business practices These risks could come about in situations where a borrower or other obligor breaches environmental laws and is faced with sanctions and other consequences that could include: • fines and/or imprisonment • damages under civil actions • injunctions
PRACTICE NOTES
Lenders' risk exposure Lenders are increasingly concerned with environmental risk in their day to day secured lending businesses. All major UK banks now have to make, to some greater or lesser degree, a formal consideration of environmental risk within their secured lending credit risk assessment process, although more generally this relates to commercial rather than residential property. This process can form part of the solicitor/conveyancer’s report on title but increasingly lenders are adopting formal internal procedures that may also involve their panel Chartered Surveyors to address environmental risk as part of the valuation process. The Law Society provides guidance to its members on ground contamination, flood risks and climate change including steps to address such risks, as well as best practice in their practice notes. For more information on the Law Society's practice notes, see the following Practice Notes: • Land contamination—Law Society practice note on contaminated land • Flooding—Law Society practice note on flood risk • Climate risk and property: Law Society practice note on climate change and property Lender liability Lenders' risk exposure
GLOSSARY
Under the NIS Directive, organisations operating in the banking and financial market infrastructure sectors (such as banks and credit institutions, or operators of trading venues or central counterparties) were included as OESs. Article 1(7) of the NIS Directive permitted EU Member States (which at the time included the UK) to limit the scope of the NIS Directive for certain sectors where existing legislation provided equivalent measures to those specified in the NIS Directive. Therefore, the NIS Regulations have never covered the banking and financial market infrastructure sectors on the basis that firms operating in those sectors must continue to adhere to requirements and standards as set by other regulatory regimes.
GLOSSARY
Banking law may be defined as the laws and regulations governing the legal relationships between banks inter se, between the banks and their customers, and other interested persons.
PRACTICE NOTES
This Practice Note contains a jurisdiction-specific Q&A guide to banking regulation in Andorra published as part of the Lexology Getting the Deal Through series by Law Business Research (Law stated at: 31 December 2022). Authors: Cases & Lacambra—Miguel Cases; Laura Nieto 1. What are the principal governmental and regulatory policies that govern the banking sector? The main focus of Andorran banking regulation is centred on the stability and efficiency of banks and other Andorran financial entities that operate in the financial system to enhance the confidence of international financial markets in the Andorran banking sector, and to protect the interests of its clients and investors. Andorran banking regulations are based on the cornerstone principle of reserve of activity. According to this principle, only the banks that have been duly authorised by the local regulator – the Andorran Financial Authority (AFA) – may carry out typical banking activities such as receiving deposits and other funds from clients, and granting any kind of credits by its own account. Andorran banks can also render investment and ancillary services. Andorran
PRACTICE NOTES
This Practice Note contains a jurisdiction-specific Q&A guide to banking regulation in Ghana published as part of the Lexology Getting the Deal Through series by Law Business Research (Law stated at: 10 February 2023). Authors: WTS Nobisfields—Theophilus Tawiah 1. What are the principal governmental and regulatory policies that govern the banking sector? Within the last three years, the Bank of Ghana (BoG) has undertaken banking sector reforms to strengthen and inspire confidence in the financial system. This led to a number of banks and specialised deposit-taking institutions (SDIs) having their licences revoked. The BoG has announced that the banking and SDI sector reforms have been concluded. However, the Government will continue to pursue a policy that provides appropriate mechanisms to minimise financial system instability, and deal with emerging risks using effective supervision and regulatory measures. Through the policy, the Government seeks to make the Ghanaian financial sector the preferred source of finance for domestic companies, and further develop, strengthen and modernise the financial sector to support the Government's economic vision and transformational agenda. The BoG supports
PRACTICE NOTES
This Practice Note contains a jurisdiction-specific Q&A guide to banking regulation in Greece published as part of the Lexology Getting the Deal Through series by Law Business Research (Law stated at: 7 February 2023). Authors: Zepos & Yannopoulos—Elena Papachristou; Vivian Efthymiou 1. What are the principal governmental and regulatory policies that govern the banking sector? EU banking legislation and principles have been incorporated into the Greek core banking laws, aiming to: • safeguard the stability of the financial system and, for that purpose, the banking laws set out rules with regard to: ◦ authorisation; ◦ conduct of business; ◦ withdrawal of authorisation of banks; ◦ micro- and macroprudential supervision of banks; ◦ recovery and resolution of banks; and ◦ state aid of banks for their recapitalisation and deposit guarantee provisions; and • ensure adequate protection of banks' customers and transparency of transactions. The Bank of Greece (BoG), which is the central bank of Greece, exercises its prudential powers in the banking sector and, in particular, supervises Greek banks