United Kingdom: Asset Finance

For limited partners, fund finance structures offer a way to achieve liquidity for their fund interests, while for general partners they provide a means to capitalise their funds. In a market characterised by slower exits and tighter bank balance sheets, asset managers and their lenders are increasingly importing structured finance techniques into traditional fund finance products as they search for innovative and scalable solutions.

In UK real estate finance transactions, high-net-worth sponsors are sometimes required to provide personal guarantees to lenders. These guarantees serve as additional security when lenders cannot fully recover debts from the underlying real estate, or when specific risks emerge that require the sponsor to take particular actions within defined timeframes. The personal guarantee creates a financial incentive for sponsors to fulfill their obligations and mitigate identified risks.

A Court of Appeal case examines whether financial services regulations or property law principles take precedence when a sale and rent back agreement violates the Financial Services and Markets Act 2000. The dispute centered on whether innocent parties could recover property transferred to third parties after the original transaction breached regulatory requirements.

In the recent decision in Lakatamia Shipping Company Ltd v Hsia and another (the Lakatamia Ruling), the UK Commercial Court provided helpful commentary...

On 5 April 2023 the long-awaited draft amendment to Delegated Act EU 2021/2139 including draft technical screening criteria in Annex 1 (the Draft Delegated Act) was published by the European Commission.

The British Business Bank's ("BBB") Coronavirus Business Interruption Loan Scheme ("CBILS") was first introduced in April 2021. The new iteration of the Scheme, the Recovery Loan Scheme ("RLS")...

On July 13, 2018, a Commission Delegated Regulation amending and supplementing the European Money Market Funds Regulation was published in the Official Journal of the European Union.

In this edition of Regulatory Focus, the experts in Duff & Phelps' UK Compliance and Regulatory Consulting team, provide a detailed synopsis of the latest news and publications issued...

The FCA is conducting a review of the motor finance market after it previously raised concerns about transparency, potential conflicts of interest and irresponsible lending.