Lending Focus - June 2018

Scottish share pledges and PSC registers: vexed issues for lenders

Scottish share pledges have become a contentious issue since the arrival of the PSC regime. Together with Morton Fraser LLP, Martin Yells, Partner and Katie Horbury, Associate discuss the position and offer practical solutions.

News in property finance: Court orders rectification of the register

Salome Parayre and Paul Harrison on a High Court decision where the claimant successfully requested rectification of title at HM Land Registry under the Land Registration Act 2002.

Current trends in Malaysian Islamic finance: value-based intermediation

Ahmad Lutfi Abdull Mutalip and Syaizta Kamal from Azmi & Associates (ASEAN Plus Group members) report on a new set of Shari'ah-based principles, now being adopted by Malaysia's major Islamic banks.

One chance to get it right: making close-out determinations under the 2002 ISDA Master Agreement

The High Court has for the first time considered terminating swaps under the ISDA 2002 Master Agreement.

Zero interest rate floors in the Austrian Supreme Court

Partner Philip Hoflehner from our Vienna office summarises the latest court decisions, drawing a distinction between consumer and corporate loans.

Parental responsibilities in the corporate sphere: liability for subsidiaries

Fezan Khan and Fiona Coady review the Court of Appeal's decision on whether a UK domiciled parent company can be liable for the actions of its foreign subsidiary.

New German regulations for insolvency proceedings of group companies (Konzerninsolvenzrecht)

Dr. Alexander Senninger from our Hamburg office discusses the new German regulations on handling “group” insolvency proceedings, which became effective on 21 April 2018.