Non-financial misconduct and the UK Senior Managers and Certification Regimen -
The old adage goes that, “What happens in Vegas, stays in Vegas.” But, does this really hold true in the UK financial services sector?...more
5/21/2019
/ #MeToo ,
Duty to Disclose ,
Employment Tribunals ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Non-Disclosure Agreement ,
Personal Liability ,
Regulatory Standards ,
Risk Management ,
Senior Management Regime (SMR) ,
Settlement ,
Sexual Harassment ,
UK
The UK is due to leave the European Union on March 29, 2019 (“Brexit”). Within the EEA, “passport rights” permit financial services institutions and funds authorised in any EEA Member State to conduct business cross border...more
2/26/2019
/ EU ,
EU Passport ,
European Economic Area (EEA) ,
Financial Services and Markets Act ,
Financial Services Industry ,
Payment Services Directive ,
PSD2 ,
Temporary Permissions Regime (TPR) ,
UCITS ,
UK ,
UK Brexit
Reporting overseas enforcement action against Senior Managers to the Prudential Regulation Authority.
On 7 November 2018, the Prudential Regulation Authority (“PRA”) issued two final notices against two individuals who had...more
On April 20, 2018, the European Banking Authority released two new consultation papers dealing with the criteria for “simple, transparent and standardised” (STS) securitisations, one for asset backed commercial paper...more
Firms should consider the implications for their existing anti-market abuse controls and should consider responding to the consultation either directlyor through a relevant industry body.
On 5 April 2018, we reported in an...more
In a judgment handed down at the end of 2017, but only recently released, the High Court in London has determined - in Bilta (UK) Ltd v RBS - that interviews held with employees in preparation of a report intended to deter a...more
The Supreme Court has made a substantial change to the test for dishonesty in the criminal law. Since 1982 the two stage test setout in R v Ghosh [1982] QB 1053 by the Court of Appeal has been the approach taken by the...more
MiFID II, which is a package of measures consisting of a revised Directive (the Markets in Financial Instruments Directive), a new regulation (the Markets in Financial Instruments Regulation) and subsidiary implementing...more
Businesses have now had four months to get to grips with the new EU-U.S. Privacy Shield for transatlantic data transfers after it came into force in August 2016. As the New Year looms, what are the emerging trends we have...more
In March this year the PRA and the FCA introduced the Senior Managers Regime (‘SMR’) for individuals associated with banks and PRA regulated investment firms (from 2018 the SMR will apply to all UK authorised firms). The...more
The European Parliament gave final approval to the Network and Information Security Directive (“Directive”), the first-ever EU-wide cybersecurity standards, on July 6, 2016. The Directive seeks to improve the cybersecurity...more