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.


LexisPSL Banking & Finance Quarterly Briefing

In this briefing, the LexisPSL Banking and Finance team explore how the 2019 Hague Convention on Recognition and Enforcement of Foreign Judgements builds on previous regimes, and its implications for the future of asymmetric jurisdiction clauses. 

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 5pm BST on 15 May 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. 

Dutch Supreme Court offers helpful guidance on subrogation and deferral of rights clauses

This briefing by Linklaters examines the Dutch Supreme Court's guidance in the Melamo case on subrogation and deferral of rights. This briefing highlights concerns around subrogation and deferral under Dutch law before Melamo, the Supreme Court judgment, and the practical impact on “Deferral of rights” clauses relevant for the lending practice.