August 04, 2022

Redress Through Restructuring: Where Now?

Reuters

Finance and restructuring partner Sue Moore authored an article for Reuters that discusses the use of restructuring tools to implement redress programs amid guidance issued by the Financial Conduct Authority (FCA) on its approach to compromises for regulated firms.

Moore outlines the new guidance, which provides the FCA’s expectations where compromises are to be proposed and includes requirements regarding the timing of engagement with the FCA. She also explains that the court holds what amounts to a veto in terms of deciding whether to approve any given compromise, lists factors important to the court’s assessment that are relevant to the FCA’s analysis and states that it is possible for the court and the FCA to reach different conclusions.

In conclusion, Moore notes that each case will be fact specific and that restructuring options can provide a compelling solution to resolving redress liabilities.

The full article is available for Reuters subscribers.

Originally published by ThomsonReuters © ThomsonReuters.

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