Finance Law and Banking Law

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Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.
Article
Beyond Capital: How Scotland Is Shaping The Future Of Fintech
Scotland's fintech sector is experiencing significant momentum through a combination of private investment and public sector support, with recent developments highlighting the country's growing reputation as a centre for innovation in financial services. Major funding announcements and strategic initiatives are positioning Scotland as a leader in AI-driven financial technology and responsible innovation, while raising important questions about intellectual property protection and sustainable competitive adv
United Kingdom Finance
MC
Marks & Clerk
Article
UK Financial Services Remuneration Reform: What Solo-regulated Firms Need To Know
The FCA is proposing to replace three separate remuneration codes with a single, more flexible framework for UK solo-regulated firms. While the new regime would reduce prescriptive requirements around deferral, malus and clawback, it maintains a strong emphasis on governance and evidence-based decision-making. Firms can begin preparing now by reviewing their scope, pay structures and documentation practices ahead of the September consultation deadline.
United Kingdom Finance
AO
A&O Shearman
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Article
Credit Risk Transfers: What Every Asset Manager Should Ask Before Investing
Market participants employ four main credit risk transfer structures—bank-issued CLNs, SPV-issued CLNs, credit default swaps, and participation interests—each carrying distinct risk, regulatory, and funding profiles that require careful evaluation. Asset managers must navigate critical considerations including due diligence protocols, credit event definitions, and recovery rights to optimize returns. Recent Basel 3 re-proposals in the U.S. and regulatory developments in the E.U. and U.K. are res
United Kingdom Finance
D
Dechert
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Article
The New Scottish Moveable Transactions Regimes – Some Enforcement And Insolvency Issues
Scotland's Moveable Transactions Act 2023 has fundamentally transformed security enforcement and insolvency procedures by introducing statutory pledges and assignations. How do these new fixed security regimes expand practical enforcement options beyond traditional administration, and what boundary issues will insolvency practitioners need to navigate as secured creditor rights evolve?
United Kingdom Finance
Sa
Shepherd and Wedderburn LLP
Article
Personal Guarantees In UK Real Estate Finance Transactions – Considerations For Lenders
In UK real estate finance transactions, high-net-worth sponsors are sometimes required to provide personal guarantees to lenders. These guarantees serve as additional security when lenders cannot fully recover debts from the underlying real estate, or when specific risks emerge that require the sponsor to take particular actions within defined timeframes. The personal guarantee creates a financial incentive for sponsors to fulfill their obligations and mitigate identified risks.
United Kingdom Finance
GT
Greenberg Traurig, LLP
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Article
GFSC Takes Steps To Simplify Regulation, Provide Regulatory Clarity And Support Growth In Digital Finance
The Guernsey Financial Services Commission has released new guidance on digital finance and asset tokenisation, introducing practical measures to strengthen the jurisdiction's position in the digital finance sector. The initiative includes regulatory refinements for virtual asset service providers, clarification on tokenised securities treatment, and simplified licensing pathways for investment and insurance firms engaging in digital asset activities.
Guernsey Finance
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Guernsey Finance
Article
Bridging The Funding Gap: The Convergence Of Fund Finance And Structured Finance As A Liquidity Tool
For limited partners, fund finance structures offer a way to achieve liquidity for their fund interests, while for general partners they provide a means to capitalise their funds. In a market characterised by slower exits and tighter bank balance sheets, asset managers and their lenders are increasingly importing structured finance techniques into traditional fund finance products as they search for innovative and scalable solutions.
United Kingdom Finance
M
Macfarlanes LLP
Article
Credit Risk Transfers: What Every Asset Manager Should Ask Before Investing
Market participants employ four main credit risk transfer structures—bank-issued CLNs, SPV-issued CLNs, credit default swaps, and participation interests—each carrying distinct risk, regulatory, and funding profiles that require careful evaluation. Asset managers must navigate critical considerations including due diligence protocols, credit event definitions, and recovery rights to optimize returns. Recent Basel 3 re-proposals in the U.S. and regulatory developments in the E.U. and U.K. are res
United Kingdom Finance
D
Dechert
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