United Kingdom: Asset Finance

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.

As debt financing increasingly recognizes the value of intangible assets, companies must strategically prepare their intellectual property portfolios to meet lender expectations.

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")...

Earlier this month, the British Business Bank outlined the key terms of a new iteration of the Recovery Loan Scheme intended to help smaller UK businesses in their battle against rising costs in the current economic climate.

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.

The second edition of the MJ Hudson Allenbridge Systematic Factor Market Review estimates that there are now US$ 1trillion of assets invested in systematic factor strategies.