Allen & Overy announced today that, in partnership with Clearstream and Euroclear, it has led a pioneering advisory work that has resulted in the introduction of bondholder tax certification procedures.
ICMSA were delighted to work with Allen & Overy as this supports our purpose of fostering standards and facilitating the efficient functioning of the Capital Market and our members are well positioned to effect these standards with immediate effect.
This document deals with the Eurobonds that are cleared through, primarily, ICSDs and which are subject to the New Czech Withholding Tax Rules as of 1 January 2022.
These generic guidelines set out the typical time frames and necessary actions to enable all parties to understand the standard mechanisms available to obtain relief at source or a refund of tax deducted.
During the Covid-19 pandemic, the readiness with which issuers and other market participants have adapted to holding bondholder meetings virtually (rather than in person) signals the potential for greater use of virtual (or hybrid) meeting technology beyond the pandemic.
As we emerge from the pandemic and move into a more digitised era, the ICMSA Trustee Sub-Committee has reviewed and revised its pro forma set of Standard Provisions for Meetings of holders of bonds/notes to provide expressly for the holding of virtual or hybrid meetings (as an alternative to physical in person meetings). The ICMSA believes these revisions will benefit its members and market participants by standardising electronic and hybrid meeting procedures which aim to provide clarity and flexibility for issuers and/or trustees to choose which approach is most practicable in the circumstances.
The ICMSA has published Bulletin 220208/60 in relation to the publication of the updated pro forma set of Standard Provisions for Meetings of holders Bonds/Notes to provide for virtual and hybrid meetings.
Following the discontinuation of certain GBP and JPY LIBOR settings and the publication of synthetic LIBOR, this bulletin considers whether Type 1 fallbacks and in particular, the dealer poll mechanism which is central to their operation, remain appropriate and suitable in a post-LIBOR environment. The bulletin highlights statements made on this topic in December 2021 in a speech by the FCA’s Edwin Schooling Latter and concludes that the use of dealer poll mechanisms to obtain quotes for LIBOR-based rates is not appropriate or practicable in circumstances where the relevant LIBOR settings are no longer published.
Please complete and return your submission by 28 January 2022 (close of business) via email to both Nikolaos Kagiaras ([email protected]) and Dan Kuhnel ([email protected]).
Minutes of meeting held on 2 November 2021.