Regulatory issues in lending transactions

This Overview is a guide to the Banking & Finance content within the Regulatory issues in lending transactions subtopic, with links to the appropriate materials.

For information on EU regulatory issues that have particular impact on the derivatives, debt capital markets and structured products markets, see: EU and UK regulation for derivatives lawyers—overview, EU and UK regulatory issues—structured products and securitisation—overview and EU and UK regulatory issues—debt capital markets—overview.

Introductory materials

Introductory guide to sustainable finance for banking and finance lawyers provides introductory information on sustainable finance, including an overview of the regulatory environment. Practice Note: Introductory guide to financial services regulation for banking and finance lawyers is an introductory guide to financial services regulation for banking and finance lawyers working in non-regulatory roles. It explains at a high level what is meant by financial services regulation, when transactional banking and finance lawyers need to think about regulatory issues, how to go about researching regulatory issues, and how to find out what regulations may be relevant on a finance transaction.

Loan Markets

Passporting

The EU passporting system for banks and financial services

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Latest Banking & Finance News

SMSG advices ESMA on consultation paper and call for evidence

The Securities and Markets Stakeholder Group (SMSG) has provided advice to the European Securities and Markets Authority (ESMA) on its consultation paper regarding draft technical advice for the Prospectus Regulation and updates to metadata reporting requirements, highlighting the need for a balanced approach to simplify disclosure requirements while avoiding excessive standardization and ensuring cost-effectiveness for market participants. The SMSG has also provided advice to ESMA’s Call for Evidence on harmonising civil liability rules for securities prospectuses under the Prospectus Regulation, noting the current non-uniform regime's risks and inefficiencies, and suggesting potential solutions including a harmonised safe harbour provision.

NatWest wins €155m swap funds claim against mortgage company

Law360, London: NatWest's investment banking arm won its claim that a Dutch mortgage company owed it €155m stemming from several swaps transactions, after a London court ruled on 15 January 2025 that this was consistent with the 'objective commercial purpose' of the agreements.

EBA and ESMA publish report analysing recent developments in cryptoassets

The European Banking Authority (EBA) and the European Securities and Markets Authority (ESMA) have published a joint report analysing recent developments in cryptoassets, focusing on decentralised finance (DeFi) and crypto lending, borrowing, and staking. The report contributes to the European Commission’s report to the European Parliament and Council under Article 142 of the Markets in Crypto-Assets Regulation (MiCAR).

UNEP FI and WWF publish report mapping rise in nature-related banking regulations globally

The UN Environment Programme Finance Initiative (UNEP FI) and the World Wide Fund for Nature’s Greening Financial Regulation Initiative (WWF) have jointly published a report titled "Navigating Nature-related Regulations for Banks: Mapping the Policy Landscape” which found that the adoption of nature-related regulations for banks is accelerating globally, with regional differences. It highlights the need for coherent policies that address the interplay between banks, the global financial system, and the real economy.

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