Pursuant to Article 3:246 paragraph 1 of the Dutch Civil Code (DCC) pledgees have the power to enforce their right of pledge on receivables by claiming (direct) payment of the receivable. This power also includes the right to enforce rights o...

On 3 June 2016, the Supreme Court ruled that a valid right of pledge can be established on goods that are delivered subject to retention of title (of ownership). If the buyer is declared bankrupt, the conditional ownership can become an uncondition...

The case of So Sau Lai Connie v DBS Bank (Hong Kong) Ltd [2017] HKEC 29 is a typical letter of credit fraud case. This case illustrates whether certain “red flags” may constitute discrepant presentation or a fraud indication. Background ...

Introduction Financial services firms’ corporate governance and risk cultures is a ‘hot’ topic with financial regulators globally. Regulators have noted that serious corporate governance and conduct failings of financial services f...

On 28 July 2017 the Legislative Decree transposing Directive 2014/65/EU on markets in financial instruments (MiFID II) and Regulation (EU) 600/2014 (MiFIR) in Italy (the “Decree”) has been finally approved.The Decree amends and integrate...

The position of banks being served with a Mareva injunction order has been clarified in Hong Kong. In the recent case of Grasberg Capital Asia Limited v Bank of Communications Limited (HCA 2016/784)*, the Court considered the question of whether a b...

Key points: • In a judgment supportive of the rescue culture in English insolvency, the court has reaffirmed its flexible approach to the application of insolvency provisions and willingness to look at the practical effect of transactions in re...

The idea of shifting transactions into the digital space dates back to the beginnings of computer science. The development of blockchain technology has uncovered new possibilities for regulating contractual relationships. Parties to a contract now ...

Overview The Securitisation Regulation (Regulation) comes into force on 1 January 2019, establishes a general framework for securitisation and creates a specific framework for simple, transparent and standardised securitisation. The Regulation is a ...

Legal background Often, under a contract, one party will have a right to exercise discretion - the contract will give the party the right to take a decision that affects the rights of both parties. In real estate finance an obvious example of this i...

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Key Points • The self-dealing rule does not extend to a sale by a receiver to a party in which the mortgagee has an interest. • Although the duties of a receiver and a mortgagee are similar as to the Property, a receiver, unlike a mortgage...

New LIBOR transition publications On 16 January 2020, the Bank of England, Financial Conduct Authority and Working Group on Sterling Risk-Free Reference Rates published a set of documents outlining priorities and milestones for sterling LIBOR transi...

Changes to the insolvency, civil and criminal procedural law The German Federal Government is currently planning various support measures for entrepreneurs, sole traders, other small, medium and large companies and credit institutions to mitigate t...

State recapitalisation aid to companies in the Covid 19 crisis 1. Overview | within a very short time, the German legislator passed a law to establish an Economic Stabilization Fund (ESF) | the aim is to stabilize the companies in the real economy a...

Coronavirus and the related restrictive measures directly affect not only insolvency proceedings that are already in progress, but can also cause or accelerate financial problems that will lead to bankruptcy and subsequent beginning of insolvency pr...

On 20th April, the UK Government announced a £500m “Future Fund”, as part of its package of measures to support businesses in response to the coronavirus.  What is the Future Fund? The Future Fund is being set up with the aim ...

In Re Saint Benedict's Land Trust ...

In light of the recent market events, the trading prices of many loans have fallen dramatically. As a result, companies (or their private equity sponsors) may consider utilising the debt buy-back mechanics in their credit agreements. A debt buy-back...

Whilst the UAE Government has launched economic stimulus packages to minimize the disruption, the financial and social cost of the virus will be felt for many months, if not years, to come. In light of this severe economic disruption, companies of a...

On 7 February 2020 the Competition and Markets Authority (“CMA”) launched a review into the IVF sector. The review stems from concerns that IVF clinics may not be compliant with UK consumer law on the basis that they are not aware of the...

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Executive summary On 8 April 2020, the European Commission issued a Temporary Framework Communication enabling it to: issue “comfort letters” in respect of specific temporary competitor co-ordination projects; and explain the criteria it...

Implications of Covid-19 on the conduct of clinical trials The current Covid-19 pandemic’s impact on European healthcare systems, such as limited or no patient contact; restricted site access; shortage of investigational medicinal products; t...

Advising on an innovative first in the renewables heat sector Eversheds Sutherland has advised Oasthouse Ventures on the development of the world’s first sustainable, low-carbon greenhouse projects. The Clean Energy and Sustainability team fro...

Background The Procuring Authority has engaged the International Finance Corporation, acting through its Public Private Partnerships Transaction Advisory Services division, to act as lead transaction advisor in relation to the Project. The RFQ will ...

The European Commission (“EC”) has now completed its in-depth investigation of Britain’s capacity market scheme (“CM scheme”), which was introduced in 2014 following EU state aid approval to help safeguard security of e...

Read our full newsletter in PDF Keep calm and breathe With 2019 coming to a rapid close, and because of the significant impacts that recent environmental trends and changes have on the Mining and Natural Resources Sector, we have decided to consolid...

Carrying a statutory legal appointment in terms of the provisions of the Mine Health and Safety Act No. 29 of 1996 (“MHSA”) carries a certain level of prestige in the mining industry, however statutory legal appointees are not always awa...

Rapid innovation and decreasing production costs have dramatically increased our access to electronic products and digital technology and, together with humankind’s unquenchable demand for electronic devices, the unintended consequence of this...

On 12 July 2019, certain provisions of the Competition Amendment Act 18 of 2008 (“Amendment Act”) came into effect. This article deals with specific noteworthy amendments which impact the mining industry. New definitions and industry spe...

  The BEE Commission’s report 2018, between 2017 and 2018, had no significant change in the levels of transformation, with black ownership reflecting a decline to 25.2% from 27% and current management control still sitting at 38% for blac...

Eversheds Sutherland Clean Energy and Sustainability Group is delighted to tell you that we have created the Energy Transition Club (ETC), which will operate globally and will bring together key participants focused on delivering the transition to ...

Background On 9 January 2020, REPDO invited developers to prequalify via a request for qualifications (“RfQ”) for the third round of the NREP in the Kingdom of Saudi Arabia. Third round of the NREP There will be four photovoltaic (&ldquo...

Ofgem:Amendments to Gas Transmission Charging regime-minded to decision and draft impact assessment (published on 23 December 2019) The Office of Gas and Electricity Markets (Ofgem), the regulator for downstream natural gas markets, has published a ...

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Weare delighted to have partnered with the International Renewable Energy Agency and the Terrawatt Initiative in the development of the Open Solar Contracts which were launched recently at the World Future Energy Summit in Abu Dhabi. The publication...

Following the detection of a new coronavirus strain of pneumonia in Wuhan, China in late 2019 (now named ‘COVID-19’), the subsequent scale of the outbreak and the measures undertaken by various governmental authorities to contain it, hav...

Following the detection of a new coronavirus strain of pneumonia in Wuhan, China in late 2019 (now named ‘COVID-19’), the subsequent scale of the outbreak and the measures undertaken by various governmental authorities to contain it, hav...

The Tunisian Government makes a huge step towards the deregulation of the renewable power market by amending the 2016 auto-consumption regime. The Decree 2020-105 has amended the 2016 auto-consumption regime legal framework. The 2016 regulation requ...

Highlights Period for comments from stakeholders under the consultation ended on 24 January 2020, comments from industry stakeholders may lead to a second consultation Pilot project aims to open auction for up to 230MW in aggregate of nominal capac...

UK GOVERNMENT RECOGNISES ROUTE TO MARKET CHALLENGES AND SHOWS SIGNIFICANT SHIFT IN APPROACH FOR UK RENEWABLES On 2 March 2020, the UK Department for Business, Energy and Industrial Strategy (BEIS) published a consultation on the Contracts for Differ...

As the situation with the COVID-19 outbreak continues to develop in the UK and beyond, there are a few recent developments for UK companies to be aware of. Year end reporting and filing accounts Year end reporting As a reminder, the Financial Report...

As Covid-19 continues to disrupt the clean energy sector we want to do what we can to help you. Free Global Webinar We will be hosting a global webinar on 25 March 3pm (UK time) which will provide practical advice around many of the problems being f...

Eversheds Sutherland has advised Energetický a prumyslový holding, a.s. (EPH), on the acquisition, by its subsidiary EP UK Investments Ltd. (EPUKI), of Humbly Grove Energy Limited from PETRONAS, Malaysia's integrated petroleum corporat...

The lockdown of public life in Germany and the disruption of global economy due to the Coronavirus also complicate and delay the development, construction and commissioning of renewable energy projects in Germany. This has dangerous consequences as ...

The Low Carbon Contracts Company (“LCCC”), the counterparty for the UK’s Contracts for Difference (“CFD”) scheme, issued an advice note on 7 April 2020 confirming that COVID-19 is capable of constituting a Force Majeure...