Banking

Recent Articles

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  24/04/2024

  Spain

  Parliamentary proceedings begin to create the Independent Administrative Authority for the Defence of Financial Customers

  On April 5, the draft law for the creation of the Financial Customer Defence Authority was published in the Official Gazette of the Spanish Parliament.1. INTRODUCTIONThe current text being processed includes modifications introduced in the previous legislature´s parliamentary procedure and which were supported by the majority of MPs. These modifications include the financing of the new Authority by financial institutions and the possibility of appealing binding decisions before the civil courts, thus guaranteeing the protection of financial clients.The Authority aims to resolve complaints...

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  24/04/2024

  United Kingdom

  CMS Banking Disputes Report 2024

  Working with litigation analytics company, Solomonic, CMS has published its Banking Disputes Report 2024, a data-driven review of the Banking and Finance sector’s dispute-related activity to identify key trends, how banking disputes are being determined in 2024 and what might lie ahead.Key findings of the 2024 report:The Banking and Finance sector had the highest volume of new High Court claims filed in 2023. This trend has continued into Q1 2024. Our report looks at the types of claims being filed.2023 demonstrated the “long tail” of market events with claims still being filed...

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  19/04/2024

  United Kingdom

  Digital asset insolvency issues not insoluble for English law

  Digital assets may be new, but existing English insolvency laws and principles can deal with them. So finds the UK Jurisdiction Taskforce (UKJT) in its ‘Legal Statement on Digital Assets and English Insolvency Law’, published this week.Key takeaways include:English insolvency law is entirely capable of application to scenarios concerning digital assets, including the technical and fact-specific issues that may arise. Digital assets are capable of amounting to property for the purposes of English insolvency law. When figuring out which country has jurisdiction, the English...

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  17/04/2024

  United Kingdom

  APP fraud – Quincecare duty claims against banks replaced by new “retrieval duty” claims

  The recent decision in CCP Graduate School Ltd v National Westminster Bank plc and another [2024] EWHC 581 (KB), demonstrates how Claimants are repositioning claims against banks arising from authorised push payment (APP) fraud from breach of Quincecare duty claims to so-called “retrieval duty” claims.To date, the Courts have been reluctant to strike out such claims on a summary basis allowing them to proceed to trial. It is therefore likely that claimants will continue to frame claims against banks on this basis until the Courts determine the substantive merits of such claims.APP fraud...

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  17/04/2024

  Hungary

  Hungary proposes widening scope of financial entities under DORA Regulation

  On 10 April 2024, the Hungarian Parliament adopted a new law on the detailed rules implementing the DORA Regulation – Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector (Digital Operational Resilience Act – DORA). The following article summarises the main differences between the scope of DORA and the Implementing Law.Scope of DORA in generalDORA lays down uniform requirements concerning the security of network and information systems supporting the business processes of financial entities...

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  08/04/2024

  Hungary

  Hungary proposes ex-ante competition tool to regulate essential companies

  On 2 April 2024, the Hungarian Ministry of Justice submitted an omnibus act to the Hungarian parliament proposing the amendment of several Hungarian laws, including the Competition Act. This Proposal’s most noteworthy element is – based on the German example – expanding the Hungarian Competition Authority’s (HCA) toolbox by introducing a new ex-ante regime enabling the HCA to impose obligations on certain companies without first having to demonstrate a violation of the law.This following article summarises the Proposal’s new rules, potential consequences and next steps.PROPOSED...

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