Banking, Company and Insolvency Law

The Scottish Government has issued a consultation seeking views on the draft Regulations for the Mental Health Moratorium.  The consultation relates to a proposed relief being granted for debt enforcement action for those suffering from a mental health crisis.

The UK Stewardship Code promotes improved transparency, disclosure and accountability in the stewardship eco-system. The Code allows investor reporting to be assessed by the FRC as an independent and impartial body to maintain standards. It has a strong reputation both domestically and internationally for supporting high-quality stewardship.

The FRC committed to review the Code once the 2020 Code had been in operation for a few years and   launched a public consultation on its proposed revisions to the Code, to run from 11 November 2024 to 19 February 2025.

The Scottish Government has issued a consultation seeking views on proposed changes to clarify the status of digital assets as property in Scots private law.

The Scottish Government consultation sought views on the proposed statutory fee structure for the operation of the two new registers proposed by the Moveable Transactions (Scotland) Act 2023 and of the basis on which these are proposed. 

Yvonne MacDermid published a consultation to seek stakeholder views on Scotland's statutory debt solutions

The UK Government Cabinet Office issued a call for evidence on the National Security and Investment Act.

Scottish Government consultation on the Moveable Transactions (Scotland) Act 2023 - Insolvency Consultation.

Read our response

HM Treasury consultation - A smarter ring-fencing regime. Consultation on near-term reforms. The consultation sought views on draft secondary legislation that will implement the near-term reforms to the ring-fencing regime.

Scottish Government consultation on the Moveable Transactions (Scotland) Act 2023 - Claims and Categories Consultation

Scottish Law Commission Discussion Paper (No. 175) on Heitable Securities: Non-monetary securities and sub-securities. This is the third Discussion Paper in the SLC project on Heritable Securities. It covers two issues arising in this area of the law, namely security in respect of non-monetary obligations,and sub-security arrangements.

Department for Business and Trade working with the Financial Reporting Council – Smarter Regulation non-financial reporting review: Call for Evidence. This review concerned the non financial reportinhg requirements UK companies need to comply with to produce their annual report.

The call for proposals is intended to help determine what additional metrics it is most appropriate for the regulators to publish, in order to ensure that reporting on the new secondary objectives is sufficient to support scrutiny of the regulators’ work in embedding and advancing their new objectives.

The Call for Evidence sought views how UK payment regulation should evolve to meet the government's aims.

The consultation sought views on Scottish Government proposals for reforms to the Scottish statutory debt solutions and debt recovery mechanisms (diligence).

The UK Government held a consultation proposing the implementation into UK law of two “model laws” adopted by the United Nations Commission on International Trade Law (“UNCITRAL), further developing the international framework for the management of cross-border insolvencies.

The Scottish Parliament's Delegated Powers and Law Reform Committee called for views on the Moveable Transactions (Scotland Bill)

  • Our Banking, Company and Insolvency, Intellectual Property Law, Obligations Law and Consumer Law sub-committees welcomed the opportunity to respond to the call for evidence on the Moveable Transactions (Scotland) Bill from the Delegated Powers and Law Reform Committee, Read our response.

This Scottish Parliament consultation from the Finance and Public Administration Committee sought written evidence on the estimated financial implications of the Moveable Transactions (Scotland) Bill. 

The UK Government issued a consultation seeking views on the introduction of a corporate re-domiciliation regime to support companies seeking to relocate to the UK.

The Department for Work and Pensions issued a consultation seeking views on the policy proposals on Paris alignment reporting, accompanying draft regulations and statutory guidance, and draft statutory/non-statutory guidance explaining DWP’s expectations on Implementation Statement reporting and the Statement of Investment Principles.

Consultation on the Statement for the purposes of section 3 of the National Security and Investment Act 2021

The National Security and Investment Act 2021 enables the UK Government to screen, and if necessary intervene in, acquisitions of control over qualifying entities and assets in or closely linked to the UK. Before the Secretary of State can use the power to call in acquisitions, the Act requires the Secretary of State to publish a statement which sets out how the power will be used.

This consultation seeks views on the draft statement.

Read our consultation response

The Law Commission consulted on proposals to allow for legal recognition of trade documents such as bills of lading and bills of exchange. 

This consultation seeks views on proposals to mandate climate-related financial disclosures by publicly quoted companies, large private companies and Limited Liability Partnerships (LLPs). To support our transition to net zero, the Government considers it important to ensure that companies with a material economic or environmental impact or exposure assess, disclose and ultimately take actions against climate-related risks and opportunities.

BEIS and Companies House issued a consultation on Corporate transparency and register reform: implementing the ban on corporate directors

The consultation seeks to understand the extent to which there is uncertainty over the continued application of a critical benchmark to contracts where the FCA has exercised its power to direct a change in how the benchmark is determined under the Benchmarks Regulation, and the risk of associated litigation.

BEIS and Companies House issued a consultation on Corporate transparency and register reform: powers of the registrar

The UKG has published its Financial Services Future Regulatory Framework Review Phase II Consultation.

 

The Economy, Energy and Fair Committee sought views on reform of the law on moveable transactions.

The UK Law Commission has issued a consultation on Intermediated Securities.

 

The Scottish Law Commission has issued a discussion paper which considers pre-default matters such as the creation and transfer of heritable securities and the obligations which they can secure.

The UK Government has issued a consultation on Corporate transparency and register reform

The Department for Business, Energy & Industrial Strategy has issued a consultation on the Draft Registration of Overseas Entities Bill which proposes the introduction of a register of the beneficial owners of overseas legal entities that own land in the UK.

The Department for Business, Energy & Industrial Strategy has issued a consultation on proposals that will deter the misuse of limited partnerships in criminal activity.

 The UK Government Department for Business, Energy & Industrial Strategy has issued a consultation to seek views on insolvency and corporate governance.

 

 

The EU Financial Affairs Sub-Committee has launched an inquiry into the future of financial regulation and supervision following Brexit.

The Scottish Law Commission (SLC) has issued a consultation on the draft Moveable Transactions (Scotland) Bill prior to publishing a final draft Bill and report later this year.

The UK Government Department for Business, Energy & Industrial Strategy has issued a consultation to seek views on a beneficial ownership register to increase the transparency of overseas investment in property and public contracts.

The UK Government Department for Business, Energy & Industrial Strategy has issued a call for evidence on the limited partnerships framework. Specifically, they are seeking views on: the possible reasons why registration of limited partnerships in Scotland has increased; the value limited partnerships bring to the UK economy as a whole; and how the wider limited partnership framework operates and whether any changes need to be made.

Banking, Company and Insolvency Law Sub-Committee

The Society's expert group on banking, company and insolvency law.

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Our input to parliamentary bills

To help shape good law, we regularly provide responses and briefings related to bills from Holyrood and Westminster.

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Influencing the law and policy

One of the main functions of our policy team, along with our network of volunteers, is to analyse and respond to proposed changes in the law.

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