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European Regulatory Update - April 2011

Welcome

April 2011

Welcome to the first edition of our European Regulatory Update.

We aim to bring you in-depth analysis of the key legal and regulatory reforms which are likely to impact on you doing business in Europe.  We focus on important capital markets, banking and finance, corporate and M&A reforms and issues.

In this edition:

  • a Green Paper proposes various options to create a European contract law. Questions are being raised in the UK as to whether this is necessary and whether the proposals are workable;
  • changes to the European Directives relating to prospectuses and transparency may have important implications for issuers of securities in EU countries;
  • banks and borrowers tussle over the allocation of Basel III costs;
  • new deal structures for mergers between European companies have been made possible by the European Cross-Border Mergers Directive. We look at the new "US" style mergers under English law and discuss whether any may be useful for Australian groups with European operations;
  • proposed amendments to the Markets in Financial Instruments Directive ("MiFID"), which allows European investment firms that comply with various investor protection requirements to provide investment services across Europe under a so called "MiFID passport", raises concerns for non-EU investment firms; and
  • we provide a snapshot of other recent and future developments in Europe in our In Brief section.

 

Best wishes

Robert Hanley, Partner
London

 

 

Author(s)

  • Adrienne Showering
    Partner | London
    T: +44 20 7496 1700
    M: +44 7919 117 894
    Email
 

 Local contact(s)

 
Key developments in European financial sector regulation

IN THIS ISSUE:

Proposals for a European contract law

Proposed policy options for a European contract law for consumers and business are causing concern in the UK.  

Author: Joe Newitt
 
Prospectus and reporting issues

Recent changes may affect the need for non-European issuers to produce a European compliant prospectus and to comply with ongoing financial reporting obligations.

Author: Sophie Chalton

Increased costs and new regulatory charges for banks

Lenders and borrowers lock horns over how to deal with increased costs approaching over the horizon.

Author: Emma Malkin 
New procedure brings 'US' style mergers to Europe  

The first attempt to implement a new European 'merger by absorption' for a public takeover has failed but, in some circumstances, the new merger methods may be useful.

Author: Jonathon Wood

EU raise MiFID hurdles to non-EU investment firms

Accusations of protectionism has been the response to proposed changes to the Markets in Financial Instruments Directive, a key element in EU financial market integration and regulation.

Author: Joe Newitt
In Brief
  • UK Bribery Act implementation date published
  • Changes ahead to registration of charges in UK

  • UK Takeover Panel proposes to change Takeover Code

  • Plans to harmonise European rules on jurisdiction and judgments a threat to UK common law position.  

Author: Robert Hanley, Partner