Please choose either FMLC papers or FLP papers from the tabs below.
Set-off and Administration Expenses in the Administration Regime - Issue 108
Letter to Director of Policy, The Insolvency Service re the Addendum to our paper and proposal for an amendment to the cut-off date under Rule 2.85 of the Insolvency Rules 1986 - January 2012
Emissions Allowances - Issue 116
Letter to DG Environment, European Commission re Commission Regulation establishing a Union Registry in connection with the Union emissions trading scheme - January 2012
Emissions Allowances - Issue 116
Letter to DG Internal Market and Services, European Commission re Commission Regulation establishing a Union Registry in connection with the Union emissions trading scheme - January 2012
Emissions Allowances - Issue 116
Letters to Director-General of DG Internal Market and Services and DG Climate Action, European Commission re Commission Regulation establishing a Union Registry in connection with the Union emissions trading scheme - January 2012
FSA Reform - Issue 157:
Letter to H M Treasury, Financial Regulation Strategy re A New Approach to Financial Regulation - November 2011
FSA Reform - Issue 157
Letter to Committee Assistant, Joint Committee, House of Lords re A New Approach to Financial Regulation - November 2011
FSA Reform - Issue 157
A New Approach to Financial Regulation Report - November 2011
"Operating" a Collective Investment Scheme - Issue 86
Letter to H M Treasury, Financial Regulation Strategy (November 2011) commenting on the changes in the draft FSB contained in HMT's consultation paper
AIFM Directive - Issue 145
Letter to Executive Director, European Securities and Markets Authority (ESMA) re ESMA's draft technical advice to the European Commission on possible implementing measures of the Alternative Investment Fund Managers Directive (November 2011)
Client Money Rules - Issue 147
Analysis of legal uncertainty in the Financial Services Authority's Client Assets Sourcebook and arising from judicial decisions relating to the administration of Lehman Brothers International (Europe) - Report October 2011
OTC Derivatives - Issue 156
The European Market Infrastructure Regulation - Report October 2011
European Freezing Order - Issue 129
Proposed EU Regulation creating a European Account Preservation Order
Letter to the International Directorate, Ministry of Justice - September 2011
FSA Reform - Issue 157
Letter to Committee Assistant, House of Lords - Call for written evidence - Draft Financial Services Bill (July 2011)
- September 2011
FSA Reform - Issue 157
Letter to Financial Regulation Strategy, HM Treasury re Consultation - A New Approach to Financial Regulation: the Blueprint for Reform (June 2011) (enclosing Appendix - see separate document) - September 2011
FSA Reform - Issue 157
Appendix to Letter to HMT (12/9/11) - a non-exhaustive list of issues of legal uncertainty arising from HMT's consultation entitled 'A New Approach to Financial Regulation: the Blueprint for Reform (June 2011)' - September 2011
Bail-In - Issue 167
Letter to the Financial Stability Board Secretariat, BIS re Consultative Document on Effective Resolution of Systemically Important Financial Institutions - September 2011
European Contract Law - Issue 97
Letter from Lord Hoffmann to DG Justice, European Commission re Feasibility Study by the EC's Expert Group - June 2011
European Freezing Order - Issue 129
Letter to Human Rights and International Directorate, Ministry of Justice re Proposal for a Regulation on the Freezing of Bank Accounts in the European Union - April 2011
Collateral Directive - Issue 1
Letter from Lord Hoffmann to HM Treasury
Further FMLC submission on the implementation of EU Directive 2009/44/EC on settlement finality and financial collateral arrangements - April 2011
Administration Set-Off and Expenses - Addendum - Issue 108
(The "Cut-Off Date Amendment": a route to solve legal and practical uncertainties identified in the FMLC Paper published in November 2007) - Report March 2011
MiFID Review - Issue 163
Letter to the European Commission in response to the Public Consultation on the Review of the Markets in Financial Instruments Directive (8/12/10) - February 2011
European Contract Law - Issue 97
Response to the European Commission's Green Paper on policy options for progress towards a European Contract Law for consumers and businesses - Report January 2011
Control - Issue 87
Gray v G-T-P Group Ltd - Report January 2011
Intermediated Securities - Issue 136
Letter to the European Commission responding to the Consultation Paper on Legislation on Legal Certainty for Securities Holding and Dispositions (5/11/10) - January 2011
FSA Reform - Issue 157
A new approach to Financial Regulation - Report December 2010
Market Abuse Directive Review - Issue 154
Analysis of uncertainty around the insider dealing offence under the Market Abuse Directive arising from the judgment of the ECJ in Spector Photo Group NV v CBFA - Report November 2010
European Contract Law - Issue 97
A European Commission Consultation on Contract Law: UK Government Call for Evidence and Views to Inform its Response - Report November 2010
Administration - Set-Off and Expenses - Issue 108
Letter to Stephen Leinster, The Insolvency Service - November 2010
Clarification of position prior to Rule 2.95 notice
Bribery Act 2010 - Issue 160
Analysis of uncertainty - Report November 2010
Collateral Directive - Issue 1
Letter from Lord Hoffmann to Securities and Markets Team, HM Treasury - November 2010
A consultation on the implementation of EU Directive 2009/44/EC (the "Amending Directive") on settlement finality and financial collateral arrangements
Company Charges Consultation - Issue 153
Letter from Lord Hoffmann to Ms Scrope, BIS - October 2010
Further comments on the "Supplemental Consultation"
Company Charges Consultation - Issue 153
Letter from Lord Hoffmann to Ms Scrope, BIS - June 2010
Further responding on three particular issues
European Financial Supervision: Legal Risks - Issue 152
Analysis of certain core areas of the European Commission's proposals for European Financial Supervision which are capable of giving rise to significant legal uncertainty - Report August 2010
Proposal to amend the Prospectus Directive - Letter to Vicky Ford, European Parliament with outstanding FMLC comments - Issue 103 - April 2010
European Commission Review of Article 14: Assignment - Issue 137
Response to November 2009 Ministry of Justice Discussion Paper on the effectiveness of an assignment or subrogation of a claim against third parties - Report March 2010
Investment Banking Insolvency Panel Proposals - Issue 144
Response to the December 2009 HM Treasury Consultation Document on establishing effective resolution arrangements for investment banks - Report March 2010
AIFM Directive: Legal Risks - Issue 145
Analysis of certain core areas of the Alternative Investment Fund Managers Directive which are capable of giving rise to signficant legal uncertainty - Report January 2010
Cross-Border Bank Resolutions - Issue 149
Letter to Mario Nava, DG Internal Market, European Commission commenting on the EC paper entitled "An EU Framework for Cross-Border Crisis Management in the Banking Sector" - January 2010
Emission Allowances - Creating Legal Certainty - Issue 116 - Report October 2009
Pensions Act: Associated and connected persons - Issue 104
Letter from Ian Garland, Department for Work & Pensions - October 2009
Proposed Inland Revenue Code - Issue 146 - Report October 2009
Prospectus Directive - Issues 89/103
Letter to DG, Internal Market & Services, European Commission re FMLC Comments on the Proposal to amend the Prospectus Directive - October 2009
EHYA Submissions on Insolvency Law Reform - Issue 135
Letter to Mr Stephen Leinster, Insolvency Service (Sept 09) re Consultation on Encouraging Company Rescue - September 2009
Morrison v National Australia Bank - Issue 148
Letter from Lord Hoffmann to Gary Roberts, HM Treasury - September 2009
Unsettled OTC Trades - Issue 140
Response from the Financial Services Authority - October 2009
Unsettled OTC Trades - Issue 140
Legal Proposal for normative changes to address the risk of market instability in the event of the insolvency of an investment firm, with particular reference to the problem of unsettled OTC cash equity trades - September 2009
Administration - Set-Off and Expenses - Issue 108
Letter to Mr Stephen Leinster, Insolvency Service re review of proposals made in FMLC paper of 2007 in the light of LBIE proceedings - August 2009
Brussels 1 Regulation - Issue 107
Response from European Commission to Lord Hoffmann's letter re Green Paper - August 2009
Brussels I Regulation - Issue 107
Letter from Lord Hoffmann to Jonathan Faull, DG, European Commission -
July 2009
Investment Banking Insolvency Panel Proposals - Issue 144
Response to the May 2009 HM Treasury Consultation Document on developing effective resolution arrangements for investment banks - Report July 2009
European Contract Law - Issue 97
Response from Lord Bach, Ministry of Justice re Common Frame of Reference - June 2009
European Contract Law - Issue 97
Letter from Lord Woolf to Ministry of Justice re Common Frame of Reference - June 2009
Intermediated Securities - Issue 136
Letter from Lord Woolf to Mr Holmquist, European Commission re Consultation Paper: Legislation on Legal Certainty of Securities Holding & Dispositions - June 2009
Landsbanki Freezing Order 2008 - Issue 141
Legal Assessment of the impact on the financial markets - Report May 2009
OCR: Location of Intangible Assets - Issue 143
Letter from BERR re Consultation on OCR 2009 & the Government response - May 2009
OCR - Location of Intangible Assets - Issue 143
Letter from Lord Woolf to Ms Scrope, BERR - May 2009
Consultation on the draft Overseas Companies (Registration of Charges) Regulations 2009
Banking Reform, Depositor Protection - Issue 133
Letter from Lord Woolf to Banking Reform Team, HM Treasury - April 2009
Prospectus Directive - Public Offer - Issue 103
Letter from Lord Woolf to Mr Holmquist: in Response to EC consultation - March 2009
Transparency Obligations Directive Liability - Issue 76
Letter to HMT in response to their July 2008 consultation paper 'Extension of the Statutory regime for issuer liability' - November 2008
Brussels 1 Regulation Article 23 cases - Issue 107
Letter from Lord Bach - October 2008
The Gambling Act 2005 - Issue 138
Legal assessment of the potential problems for financial markets arising from the Gambling Act
- Report October 2008
Banking Reform, Depositor Protection - The Special Resolution Regime - Issue 133
Report September 2008
EU CRA Proposals - Issue 139
Letter from Commissioner McCreevy - 16 September 2008
Alfa Telecom Turkey Ltd v Cukurova Finance International Ltd and Cukurova Holdings AS - Issue 132
Legal assessment of an issue raised in the above case, namely the extent to which the FCA (No 2) Regs 2003 are ultra vires in the European Communities Act 1972 - Report July 2008
Brussels 1 Regulation Article 23 cases - Issue 107
Legal assessment of problems associated with the Brussels 1 Reg and suggested solutions - Report July 2008
Banking Reform, Depositor Protection - the Special Resolutions Regime - Issue 133
Legal assessment of the safeguards that are necessary for a SRR - Report July 2008
EHYA submissions on Insolvency Law Reform - Issue 135
Letter from Lord Woolf to Nick Howard, The Insolvency Service - July 2008
Implementation of the Vienna Sales Convention - Issue 130
Legal assessment of various financial markets aspects of the question whether the UK should implement the Vienna Sales Convention - July 2008
"Operating" a Collective Investment Scheme - Issue 86
Legal assessment of problems associated with the definition of CIS and related terms - Report July 2008
Rome 1 - Consultation Paper - Issue 121
Letter from Lord Woolf to Bridget Prentice MP - June 2008
Banking Reform, Depositor Protection - Issue 133
Response to the Tripartite Consultation Paper (April 2008)
Banking Reform, Depositor Protection - Issue 133
Link to the FMLC submission to the Banking Bill -
http://www.publications.parliament.uk/pa/cm200708/cmpublic/banking/memos/ucm402.htm
Building Society and Incorporated Friendly Society Set-Off - Issue 118
"Proposal for a Mandatory Insolvency Set-Off Rule applicable to Building Societies and Incorporated Friendly Societies" - Report December 2007
Rome 1 - Thank you letter from Bridget Prentice MP to Lord Woolf - Issue 121 - December 2007
Administration - Set-off and Expenses - Issue 108
"Legal assessment of rule 2.85 of the Insolvency Rules 1986 and its interplay with other insolvency provisions in respect of post-administration liabilities owed to counterparties" - Report November 2007
Prospectus Directive "Offer to the Public" - Issue 103
Letter from European Commission - November 2007
Prospectus Directive - Public Offer - Issue 103
Letter to CESR - September 2007
Prospectus Directive - Public Offer - Issue 103
Letter to European Commission - September 2007
State Guarantees - Issue 131
Letter to European Commission - September 2007
Rome 1 Regulation Proposal - Issue 121
European Commission Final Proposal for a Regulation on the Law Applicable to Contractual Obligations
Suggestions for amendments to Articles 7 and 13 - Report October 2006
Transparency Obligations Directive Liability - Issue 76
Legal assessment of the proposed statutory liability regime in the Companies Bill in relation to Transparency Obligations Directive disclosure - Report September 2006
DG Markt Consultation - Issue 125
Letter from Lord Woolf to the European Commission - June 2006
Davidson Review - Issue 122
Letter from Lord Woolf to the Davidson Review - May 2006
Transparency Obligations Directive Liability - Issue 76
Letter from Alexander Schaub, European Commission to Lord Woolf - May 2006
Rome I Regulation Proposal - Issue 121
European Commission Final Proposal for a Regulation on the Law Applicable to Contractual Obligations - Legal Assessment of the Conversion of the Rome Convention to a Community Instrument and the Provisions of the Proposed Rome I Regulations - Report April 2006
Insolvency Set-Off and Building Societies - Issue 118
Lettter from Lord Woolf to Desmond Flynn, The Insolvency Service - March 2006
Transparency Obligations Directive Liability - Issue 76
Letter from Lord Woolf to Alexander Schaub, European Commission - March 2006
Section 868 of the Company Law Reform Bill - Issues 120
Statutory Reversal of Leyland DAF - Report March 2006
Insurance Contracts, Rome I - Issue 113 - Paper 2
Response of the FMLC to a Final Proposal by the European Commission on a Rome I Regulation, as it relates to the Applicable Law of Insurance Contracts - February 2006
Asset-Backed Bonds - Issue 55
Asset-backed bonds and the Implementation of Article 22(4) of the First Directive Regarding Undertakings for Collective Investment in Transferable Securities - Report January 2006
Asset-Backed Bonds - Issue 55
Report on Conflict of Laws and Mortgage Funding - The Rome I Instrument
Unfair Terms in Contracts - Issue 42
Letter from Lord Browne-Wilkinson to Professor Hugh Beale, Law Commission - January 2006
Conflicts between FSAP Directives - Issue
119
Legal assessment of various Directives arising from the European Commission's Financial Services Action Plan - inconsistences, conflicts and lacunae between Directives - Report December 2005
Insurance Contracts, Rome I - Issue 113 - Paper 1
Response of the FMLC to a Consultation by the European Commission on the Insurance Provisions of a Proposed Rome "I" Instrument - December 2005
Pensions Act: Associated and Connected Persons - Issue 104
Insolvency Practitioners - Receivers and the Pensions Act 2004 - Report December 2005
Hague Convention - Ratification and Implementation - Issue 58
Legal assessment of the arguments relating to the signing of the Hague Securities Convention - the need for, and benefits of, the Hague Securities Convention - Report November 2005
The Consumer Credit Bill - Issue
109
Provisions relating to 'Unfair Relationships':
impact on the financial markets and the consumer finance
industry - Report October 2005
Pensions Act 2004 - Issue
104
Letter from the Pensions Regulator to
Lord Browne-Wilkinson- July 2005
Pensions Act 2004 - Issue
104
Letter from Lord Browne-Wilkinson to David Norgrove at
the Pensions Regulator - July 2005
Pensions Act 2004 - Issue
104
Letter from the Pensions Regulator to
Lord Browne-Wilkinson - May 2005
Pensions Act 2004 - Issue
104
Letter from Lord Browne-Wilkinson to David Norgrove at
the Pensions Regulator - April 2005
Drafting Contracts
to Cater for Major Operational Disruption - Issue 90
Letter from Lord Browne-Wilkinson - April 2005
Pari Passu Clauses - Issue
79
Analysis of the role, use and meaning of pari passu clauses
in sovereign debt obligations as a matter of English law - March 2005
Proceeds of Crime Act -
Proposed Amendments to Part 7 of Proceeds
of Crime Act 2002 - Issue
69
Letter from Caroline Flint, MP to
Lord Browne-Wilkinson - March 2005
Property Interests in Investment Securities - Issue 3
Report on Research into the 1994 Revisions to Article 8 of the Uniform Commercial Code - Report 2005
Proceeds of Crime Act 2002 - Issue
69
Analysis Of Whether The Proposed Changes To Part 7 Of
The Proceeds Of Crime Act 2002 In The Serious Organised
Crime And Police Bill Affect The Legal Uncertainties Identified
In The Financial Markets Law Committee - Report January 2005
Reform of Law on Company
Security Interests - Uncertainty Issues Raised by Law
Commission Consultation Paper 176 - Issue 80
Letter from Lord Browne-Wilkinson to
Sir Roger Toulson on 1 December 2004
Proceeds of Crime Act 2002 - Issue 69
Analysis of whether and, if so, of what nature there is legal uncertainty in relation to part 7 - Report October 2004
Transparency Obligations Directive - Issue 76 - Report October 2004
Prospectus
Directive
- Choice of Home Member State
- Issue 89
Note
to interested parties from Lord Browne-Wilkinson
- September 2004
Prospectus Directive - Choice of Home Member State - Issue 89 - Report September 2004
Property Interests in Investment Securities - Issue 3 - Report July 2004
Property
Interests in Investment Securities - Issue 3
International Overview - Background paper to July 2004 report
Property
Interests in Investment Securities
- Issue 3
Resources
and Materials - Background paper to July 2004 report
Property
Interests in Investment Securities
- Issue 3
The
Six Classic Priority Scenarios - Background paper to July 2004 report
Property
Interests in Investment Securities
- Issue 3
The
Regulation of Securities Intermediaries by the FSA - Background paper to July 2004 report
Trustee Exemption Clauses - Issue 62 - Report May 2004
Transparency Obligations Directive - Issue 76 - Report January 2004
Emergency Powers Legislation - Issue 56 - Report November 2003
Implementation
of Financial Collateral Directive 2002/47/EC
- Issue 1
Letter
to HM Treasury from Lord Browne-Wilkinson - July 2003
Fund
Management and Market Transactions
Note to
interested parties from Lord Browne-Wilkinson - July 2003
Implementation
of Financial Collateral Directive 2002/47/EC
- Issue 1
Letter
to CLLS Financial Law Sub-Committee from Lord Browne-Wilkinson - July 2003
Set-off
in administration - Issue 74
Note
to interested parties from Lord Browne-Wilkinson -
July 2003
Set-off
in administration -
Issue 74
Note
of meeting with Insolvency Service, - June 2003
Emergency
Powers Legislation - Issue 56
Note of
meeting - June 2003
Unfair
terms in contracts -Issue 42
Letter to Chairman of the
Law Commission
- June 2003
Implementation
of Financial Collateral Directive 2002/47/EC
- Issue 1
CLLS Financial
Law Sub-Committee working paper - May 2003
Emergency
Powers Legislation
- Issue 56
Note of
meeting - March 2003
Emergency
Powers Legislation Working Group
- Issue 56
Note of
meeting - March 2003
Emergency
Powers Legislation
- Issue 56
Checklist
for Contracts
Emergency
Powers Legislation - Appendix 1
- Issue 56
Working
Group and Terms of Reference
Emergency
Powers Legislation - Appendix 2
- Issue 56
Letters
to Foreign Bodies
Emergency
Powers Legislation - Appendix 3
- Issue 56
References
and Weblinks
Emergency
Powers Legislation - Appendix 4A
- Issue 56
Materials
Relating to Contracts
Emergency
Powers Legislation - Appendix 4B
- Issue 56
Materials
Relating to Contracts - ISDA
Emergency
Powers Legislation - Appendix 5
- Issue 56
Materials
Relating to Infrastructure Bodies
Emergency
Powers Legislation - Appendix 6
- Issue 56
Materials
from other International Wholesale Financial Marketplaces
Fund
Management and Market Transactions
- A Practice Recommendation.
Financial Law Panel paper first published
September 1995
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