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Legal & Regulatory

Regulatory changes often have unintended consequences, so we have a vital role in mitigating any possible negative impacts on the loan product, whether generally, or in relation to specific sectors such as leveraged, real estate or commodity finance.

Whilst we have made significant progress in addressing the adverse effects of regulation for our members, undoubtedly, changes in the regulatory and general legislative landscape will continue, not least arising from the regulatory response to Covid-19, as well as potential opportunities to bring about positive change.

Recent Submissions

08 May 2024 LMA responds to Transition Finance Market Review Call for Evidence

14 March 2024LMA responds to ESMA Consultation Paper on Securitisation Disclosure Templates

26 January 2024LMA responds to the FCA Guidance Consultation - Guidance on the Anti-Greenwashing Rule

15 December 2023LMA responds to the European Commission's targeted consultation on the implementation of the Sustainable Finance Disclosures Regulation (SFDR)

14 December 2023LMA responds to IOSCO Good Practices for Leveraged Loans and CLOs consultation paper

27 October 2023LMA Response to FCA and PRA Securitisation Rules Consultations

26 October 2023LMA responds to MPG consultation on market conventions for ZARONIA-linked loans

12 October 2023LMA letter commenting on adopted ITS on NPL data templates and seeking additional guidance

14 June 2023LMA letter on EBA final report on draft ITS on NPL transaction data templates

28 April 2023LMA responds to Finance Denmark consultation regarding a recommendation for a fallback rate for CIBOR

Briefings

CRDVI: New licensing requirements for cross-border lending into Europe by A&O Shearman

This briefing by A&O Shearman summarises the new regime, its implications for firms providing cross-border lending into the EU and possible options for continuing lending into the EU once the Directive has been implemented.

LexisPSL Banking & Finance Quarterly Briefing

In this briefing, the LexisPSL Banking and Finance team looks at the recent case of Re UKCloud Ltd (in liquidation) [2024] EWHC 1259 (Ch). This case, in which the court looked at whether a charge over Internet Protocol (IP) addresses was fixed or floating, follows and builds on the decisions of Spectrum and Avanti.

Developments in Ukraine: The Latest Global Sanctions and Export Controls

This briefing by Clifford Chance examines the most recent worldwide sanctions and export controls imposed on Russian nationals and organisations by the US, EU, UK, Poland, Japan, Singapore, Australia, and Ukraine. It also considers the responsive measures taken by Russia. The sanctions and responsive measures discussed are those as of 05:00pm BST on 21 June 2024.

EU Foreign Subsidies Regulation: A new set of wide-reaching powers for the European Commission

This briefing by Norton Rose Fulbright examines the European Union’s Foreign Subsidies Regulation (FSR) covering what counts as foreign financial contributions under the FSR, the European Commission's (EC) investigative tools, as well as practical considerations. The LMA has also released a spotlight interview with Clifford Chance on the loan market impact of the EU Foreign Subsidies Regulation. This can be accessed on the LMA Player.