Publication
Ireland
On 31 October 2023, the Screening of Third Country Transactions Act 2023 (the “Act”), which establishes a new foreign direct investment ("FDI") screening regime in Ireland, was enacted.
United Kingdom | Publication | February 2024
The Financial Markets Law Committee has published a report on pension scheme trustees’ evolving fiduciary duties and decision-making in relation to sustainability and climate change. The report is intended to provide an accessible explanation of the current legal position and the existing uncertainties and difficulties.
The paper notes that, although trustees have advisers and investment managers, the ultimate decision-making responsibility rests with the trustees. It also sets out the distinction between financial and non-financial factors and focuses on climate change as an important feature of sustainability in investing.
Trustees are being asked to consider and document their taking of climate change into account in their decisions under the Regulator’s new General Code. While neither the Code nor the Committee’s paper is binding on trustee decision-making, it may help trustees develop a clear policy in this area.
Publication
On 31 October 2023, the Screening of Third Country Transactions Act 2023 (the “Act”), which establishes a new foreign direct investment ("FDI") screening regime in Ireland, was enacted.
Publication
The EU Foreign Subsidies Regulation, or FSR, is intended to prevent or remedy distortions of the EU internal market caused by “foreign” – meaning non-EU – subsidies benefitting companies active in the EU.
Publication
The conventional wisdom is that ‘securitisation caused the great financial crisis’ (GFC). A further piece of conventional wisdom is that this was due to the misalignment of incentives between securitisation originators and securitisation investors . This conventional wisdom in turn drove much of the regulation of securitisation we now have.
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