Searching Content indexed under Capital Adequacy/BASEL by Barlow Lyde & Gilbert LLP ordered by Published Date Descending.
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An Unenviable Position: Shah v HSBC Private Bank
Can a bank, in complying with its money-laundering obligations, open itself up to civil claims by disgruntled clients for failing to comply with instructions? The answer, it seems from the Court of Appeal’s judgment in Shah v HSBC Private Bank, is potentially yes.
26 Feb 2010
Government White Paper: ‘Reforming Financial Markets’
On 8 July 2009, HM Treasury’s White Paper entitled ‘Reforming financial markets’ (the ‘White Paper’) was published.
24 Jul 2009
UCP 600 - Key Changes
The Uniform Customs and Practice for Documentary Credits ("UCP") are a set of rules which govern the use of letters of credit in international commerce.
4 Jun 2008
Avoiding Lightning Strikes - Implications Of The Sub-Prime Crisis For Directors
A lot (perhaps too much) has been written about the wider implications of problems originating in the US associated with the practice of providing so-called sub-prime mortgages to high risk borrowers with poor credit histories. There is also plenty of speculation about the potential exposures for directors, banks and professional advisers.
19 Nov 2007
Shareholder Successfully Claims For Loss In Share Value
In the Margaretic case, a shareholder successfully argued his case against the administrators of a company for his claim of losses suffered by him as a result of depreciation of the value of his shares.
4 Apr 2006
The Draft Company Security Regulations 2006
A brief introduction to some of the fundamental changes proposed to be made to the system of registration of security interests created by companies and the consequent effect on priorities of competing interests. The changes, proposed to be introduced by way of secondary legislation, will also bring within the scope of registration some transactions which do not even contain a grant of security. The consequences for banking practice will be significant.
2 Apr 2006
Banking Law briefing|January 2006 - Basel II And Increased Cost Clauses
The implementation of Basel II (the new capital adequacy framework) may seem to be a rather remote matter. However, banks and borrowers should be considering its effects on increased costs clauses now to ensure that appropriate action is taken with regard to loan and other finance documentation.
2 Apr 2006
Recent Changes To Execution Of Deeds And Documents
Certain changes to the execution of deeds and documents came into effect on 15 September 2005. The objective was to standardise the formal requirements for execution by companies, corporations and individuals in England and Wales. Whilst the changes are technical in nature, they have brought clarity in this area which should assist in the completion of transactions.
2 Apr 2006
Basel II And Increased Cost Clauses
Banks and borrowers should be considering the effects of Basel II on increased costs clauses now to ensure that appropriate action is taken with regard to loan and other finance documentation.
14 Mar 2006
Defeased Leases: Some Light, If Not Certainty
The long running saga of Barclays Mercantile Finance Limited v Mawson reached its conclusion in the House of Lords.
20 Jun 2005
Bondholders’ Opposition To Schemes Of Arrangement
Bondholders’ committees have continued to be active when issuing companies are in financial difficulties. In 2004 this resulted in two cases on schemes of arrangement.
20 Jun 2005
Changes To Accounting Requirements
The Companies Act 1985 Regulations 2004 have come into force. A look at some of the issues to be considered by both borrowers and lenders.
20 Jun 2005
Is There Still Life in Securitisation?
At the end of last year, Barclays Life securitised the embedded value of the whole of its life insurance business. This followed the merger of Barclays Life and Woolwich Life and the transfer of the business of Barclays Life to Woolwich Life (subsequently renamed Barclays Life Assurance Company Limited ("BLAC")) using the Part VII transfer regime.
28 Jul 2004
Mind Your Step: Laddering Claims
Laddering claims have been whispered about as a potential problem for D&O insurers and reinsurers since they were first brought to light in an article in the Wall Street Journal on 6 December 2000. However, it is only recently that the potential exposure of reinsurers has become apparent. Reinsurers’ liability to these claims will of course depend on the terms of the reinsurance and insurance coverage provided. T
21 Jul 2004
Make Up Your Mind!-BLG Banking Law Briefing
In the recent first instance decision of Re Spectrum Plus Ltd., sub nom National Westminster Bank Plc ("NatWest") v Spectrum Plus Ltd ("Spectrum") (In Creditors Voluntary Liquidation) the Vice- Chancellor, Sir Andrew Morritt, dismissed an application by NatWest for a declaration that the debenture granted to it by Spectrum created a fixed charge over Spectrum’s book debts and their pro
14 Jun 2004
Three Rivers: Further Narrowing of Legal Advice Privilege Confirmed
In its judgement of 1 March 2004, the Court of Appeal has (confirming last November’s High Court ruling on this issue) further narrowed the scope of legal advice privilege
10 Mar 2004
Three Rivers: A Further Narrowing Of The Scope Of Legal Advice Privilege
In this article we review the implications of the ruling for solicitors advising clients in circumstances where legal advice privilege may be a relevant consideration.
18 Feb 2004
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