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In a recent decision, the European Commission confirmed that investors can be found liable where they exercise ‘decisive influence’ over a company and its decisions.
The FCA has updated its AIFMD Latest News. The regulator is advising firms to submit applications as soon as possible, ideally no later than 22 April 2014.
Changes to distance selling rules download
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 come into effect from 13 June 2014.
The Joint Money Laundering Steering Group: AML final guidance for consumer credit providers download
The JMSLG’s board has approved the final guidance for consumer credit firms relating to their compliance with anti-money laundering obligations.
The start of 2014 has seen the financial regulators begin formal investigations into the troubled Co-operative Bank.
The law has established a party’s right to claim privilege over certain documents to keep them out of legal proceedings.
Marshalling is an equitable remedy for achieving fairness between two or more secured creditors of the same debtor.
An administrator, liquidator or receiver must make a ‘prescribed part’ of the company’s net property available for the satisfaction of unsecured debts.
Andrew Northage considers another case in which the FCA took enforcement action against inadequate anti-bribery procedures — even where no bribery had occurred.
Repeated unmeritorious attempts by the borrower to avoid repossession by the receivers and lender led to the strike-out of the borrower’s claim.
‘Firms must put the interests of customers first’ warns the FCA as it hands down its largest ever retail conduct fine download
Failings by insurance intermediary HomeServe have resulted in the company being fined £30.6m, the largest amount ever imposed by the Financial Conduct Authority for the retail sector.
The Court of Appeal has accepted the arguments of Bank of Scotland in the first reported case to analyse the proper content of a unilateral notice registered in the charges register to a property.
Since the current UK government was formed in 2010, it has been keen to promote industrial and provident societies and mutuals as part of the diversity of the UK economy.
‘Debtors’ to get a fairer Green Deal download
The Department of Energy & Climate Change recently announced further revisions to the Consumer Credit Act 1974, as applicable to Green Deal plans.
The London Stock Exchange has published AIM notice 38, which consults on a number of proposed changes to the AIM Rules for Companies and AIM Rules for Nomads.
Crowdfunding as a way of securing investment is beginning to gain ground on both sides of the Atlantic. What are the current regulatory requirements and how is this likely to change?
Parties to a contract need to be confident that the directors of the company they are dealing with have authority to bind the company. What is the position where the director has no authority?
LIBOR claims set to continue download
The High Court in Graiseley Properties Ltd v Barclays Bank plc had permitted the borrower to amend their particulars of claim following LIBOR-fixing allegations, but in Deutsche the court refused.
In Szepietowski v National Crime Agency, the Supreme Court set out a clear test for when the remedy of marshalling should be available to a second mortgagee.
We often come up against the argument from defendant professionals that the lender would not have acted differently even if it had been properly advised.