United Kingdom | Publication | April 2022
The Bank of England has warned PRA-regulated firms not to structure deficit reduction transactions so as to “limit the regulatory capital impact that would otherwise result.”
The press release, issued on April 13, 2022, says that the Bank is aware that some PRA-regulated firms have conducted or may be considering conducting such transactions with their DB pension schemes. It warns them against this and points to the risks of such transactions, including that “(…) they can have the effect of overestimating eligible capital or reducing capital requirements, without commensurately reducing the risk in the financial system, thus undermining the calibration of minimum regulatory capital requirements.”
This is a reminder to banks and insurance companies to tread carefully when seeking to optimise their accounting treatment for DB pension assets and liabilities. The Bank of England clearly disapproves of any payment structure that could be seen as trying to artificially reduce or defer regulatory capital requirements.
Publication
On 10 December 2024, the Companies (Accounts and Reports) (Amendment and Transitional Provision) Regulations 2024 were laid before Parliament, together with an Explanatory Memorandum.
Publication
On 28 November 2024, the Financial Conduct Authority (FCA) published CP24/2, Part 2 in relation to its controversial ‘name and shame’ proposals, having trailed this in oral evidence before the House of Lords Financial Services Regulation Committee earlier in November.
Publication
As previously observed, conflicts occasionally arise between mortgagees and charterers where a mortgagee wishes to take prompt action to enforce its rights, but the charterer wishes such enforcement action to be deferred until the end of the charter.
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright LLP 2023