The FCA opened a consultation on 30 June seeking views on winding down the 1, 3 and 6-month synthetic sterling LIBOR settings and requesting information on market participants’ exposure to US dollar LIBOR. Since 31 December 2021, publication of 24 LIBOR settings ended, leaving only five US dollar LIBOR settings continue to be calculated using … Continue Reading
The recommendations reiterate that market participants should be ready to offer non-LIBOR loans’ products by end Q3 2020. SONIA compounded in arrears remains the Working Group’s recommended alternative to Sterling LIBOR and the intent of the recommendations is to enable and expedite the transition away from the use of LIBOR based products for the loan … Continue Reading
In September 2019, the Loan Market Association published exposure drafts of Compounded Risk Free Rate Facility Agreements by reference to SONIA and SOFR, being the chosen replacement near risk free rates for LIBOR in the Sterling and USD markets respectively together with commentary inviting market participants to consider various structuring issues which need to be … Continue Reading
The Working Group on Sterling Risk-Free Reference Rates has published a market consultation on credit adjustment spread methodologies for fallbacks in cash products referencing GBP LIBOR to assist cash markets, including the syndicated lending market, consider methodologies for credit adjustment spreads for fallbacks from LIBOR to a SONIA-derived rate that operate from a trigger date … Continue Reading
The Loan Market Association has over the last few weeks published exposure drafts of forms of loan agreement referencing risk free rates for new transactions, and a form of agreement with lenders as a first step to agreeing to amend legacy LIBOR loan agreements for alternative reference rates. On the 25th October 2019 the LMA … Continue Reading
When do you need a bail-in clause in loan transactions? We have added a simple to use decision tree for guidance on when a bail-in clause will be necessary in a loan transaction to our briefing on recognition of contractual bail-in rights.… Continue Reading
EEA Member States were required under the Banking Recovery and Resolution Directive (BRRD) to implement the bail-in tool and contractual recognition requirements of Article 55 BRRD into national law by 1 January 2016. To date 27 of the 31 Member States have done so, with Poland, Iceland, Liechtenstein and Norway still to do so. EEA … Continue Reading
From 1 January 2016, EU financial institutions* established in the EU will be required under article 55 of the EU Banking Recovery and Resolution Directive (2014/59/EU) (BRRD), to include contractual terms in any agreements governed by the laws of non-EU Member States, which create certain payment liabilities specifying that those liabilities may be subject to … Continue Reading
