The In-House Lawyer

Banking and Finance


Future of credit rating agencies: reform ahead?

Credit Rating Agencies (CRAs) have recently been on the receiving end of increasingly close scrutiny by regulators as decision-makers on both sides of the Atlantic have asked serious questions of the role and structure of ... Read more

Court of Appeal supports FSA’s request for documents

The trend for co-operation between international financial regulators has become a feature of the regulatory environment over recent years. On 24 February 2010, in a boost for the Financial Services Authority (FSA) in its approach ... Read more

Enviroco: what now for the meaning of subsidiaries?

The recent decision in Enviroco Ltd v Farstad Supply A/S [2009] has prompted debate and consideration of how corporate structure has, and should be, defined going forward, and the potential impact this may have on ... Read more

Walker Review

Sir David Walker published his final review of corporate governance in banks and other financial institutions on 26 November 2009 (the Review). This followed a period of consultation based on initial draft recommendations that were ... Read more

Islamic project and infrastructure finance:re-emergence of the Murabaha

‘Even these metallic problems have their melodramatic side.’ (Oscar Wilde, The Importance of Being Earnest (1895, in premier))BackgroundThe nature of project and infrastructure finance has changed markedly over the past 18 months as a consequence ... Read more

No private action for market abuse or breach of the listing rules

In Hall v Cable and Wireless Plc [2009] the High Court held that the Financial Services and Markets Act (FSMA) 2000 does not give investors a private action for market abuse or breach of the ... Read more

Corporate governance in banks and financial institutions: change ahead

As a result of the banking crisis of 2008/09 the question of how the industry can guard against future failures has attracted substantial comment from the press, experts and regulators. One area of focus is ... Read more

The November 2009 Banking and Payment Services regime

The rules relating to the conduct of business by banks and similar institutions are set to change from 1 November 2009. From that date:The Payment Services Regulations 2009, covering the conduct of business of electronic ... Read more

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