The past six months have seen difficult economic times in much of Europe, with governments and central banks seeking to respond to both the increases in costs of living and the need to curb inflation. Notwithstanding the...more
5/16/2023
/ Belgium ,
EMEA ,
EU ,
Germany ,
Italy ,
Legislative Agendas ,
Luxembourg ,
Popular ,
Real Estate Investments ,
Spain ,
UK
The real estate sector is heavily regulated and is no stranger to environmental, social and governance ("ESG")-related policies and requirements. One imminent ESG-focused change affecting the UK real estate sector relates to...more
The Economic Crime (Transparency and Enforcement) Act 2022 (the "ECTEA") has been introduced as part of the government’s strategy against overseas criminals who launder money through UK real estate...more
On 5 March 2021, the Financial Conduct Authority ("FCA") announced (the "FCA Announcement") the future cessation or loss of representativeness for all 35 LIBOR settings currently published by ICE Benchmark Administration...more
As part of our periodic updates, here is an overview of recent developments of relevance to participants in the real estate finance market across certain key jurisdictions in Europe....more
12/4/2019
/ Apartments ,
Consumer Lenders ,
EU ,
EURIBOR ,
Foreign Entities ,
France ,
Germany ,
Insolvency ,
Italy ,
Leaseholds ,
Libor ,
Loans ,
Mortgage-Backed Securities ,
Poland ,
Real Estate Financing ,
Real Estate Investments ,
Real Estate Transactions ,
Rental Property ,
Residential Leases ,
Secured Overnight Funding Rate (SOFR) ,
Securitization ,
Spain ,
Special Purpose Vehicles ,
Sterling Overnight Index Average (SONIA) ,
UK ,
Withholding Tax
Tomorrow heralds an important milestone in the evolving saga of LIBOR's discontinuation, seeing the launch of the fifth and final rate, €STR, as the proposed successor to euro LIBOR. However, although in our other articles...more
LIBOR, the reference rate for more than US$300 trillion of contracts globally and nearly US$200 trillion of US dollar contracts, is expected to cease after the end of 2021. In highlighting the limitations of the LIBOR reforms...more
9/17/2019
/ Alternative Reference Rates Committee (ARRC) ,
Banks ,
Derivatives ,
Federal Reserve ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Interest Rates ,
IOSCO ,
Lenders ,
Libor ,
Secured Overnight Funding Rate (SOFR) ,
Transitional Arrangements ,
UK
Costs associated with LIBOR's discontinuation could tip the scale in favour of fixed-rate loans in real estate finance.
LIBOR's phasing out in 2021 is set to shake up the real estate finance market, amplifying the appeal...more
9/14/2019
/ Banks ,
Borrowers ,
Commercial Real Estate Market ,
Debt Financing ,
EU ,
Fixed-Rate Loans ,
Floating Interest Rates ,
Hedging ,
Libor ,
Mezzanine Lenders ,
Prepayment Penalties ,
Real Estate Investments ,
Real Estate Transactions ,
UK
In 2012, the Wheatley Review recommended reform rather than replacement of LIBOR, on the basis that a transition to a new benchmark would pose an unacceptably high risk of financial instability. Reform came in the form of a...more
9/4/2019
/ Banking Sector ,
Benchmarks ,
Bonds ,
Compound Interest ,
Derivatives ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Financial Markets ,
Interest Rates ,
ISDA ,
Lenders ,
Libor ,
Loan Market Association ,
Loans ,
Prudential Regulation Authority (PRA) ,
Public Consultations ,
Sterling Overnight Index Average (SONIA) ,
UK ,
Working Groups
As part of our periodic updates, here is an overview of recent developments of relevance to participants in the real estate finance market across certain key jurisdictions in Europe....more
6/11/2019
/ Asia ,
Base Erosion Tax ,
Belgium ,
BEPS ,
Commercial Tenants ,
Cross-Border Transactions ,
Czech Republic ,
Direct Purchasers ,
EBITDA ,
EU ,
European Economic Area (EEA) ,
FATF ,
Foreign Banks ,
Foreign Exchanges ,
France ,
Germany ,
Green Finance ,
IAEA ,
IFRS ,
Illegal Conduct ,
Instrument for Supporting Trade Exchanges (INSTEX SAS) ,
International Atomic Energy Agency ,
International Property Securities Exchange (IPSX) ,
Iran ,
Italy ,
Joint Comprehensive Plan of Action (JCPOA) ,
Landlords ,
Loans ,
Mortgages ,
Non-Performing Loans (NPL) ,
Poland ,
Popular ,
Real Estate Companies ,
Real Estate Development ,
Real Estate Investments ,
REIT ,
Spain ,
Stamp Duty Land Tax ,
Sustainability ,
Tax Deductions ,
Tax Treaty ,
Traders ,
Trump Administration ,
UK ,
UK Brexit ,
Withholding Tax
Much has been written about the influence of US terms on European transactions and particularly the steady migration of US concepts into English law facilities agreements, resulting from the supply-demand imbalance in the...more
5/25/2019
/ Bankruptcy Code ,
Borrowers ,
Covenant Lite Deals ,
Creditors ,
EU ,
Global Dealmaking ,
Guarantors ,
High Yield Bonds ,
Intercreditor Agreements ,
International Finance ,
Leveraged Buyout ,
Leveraged Loans ,
Libor ,
Loan Market Association ,
Loan Syndication and Trading Association (LSTA) ,
Secured Debt ,
Supply and Demand ,
UK ,
United States
The definition of EBITDA has always been a fundamental negotiation point in the leveraged finance market; ultimately, a legal construct as opposed to one derived from any recognised accounting standard. In recent years,...more