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"To Be or Not to Be": Determining When a European Bond is a PRIIP

On October 24, 2019, the European Supervisory Authorities ("ESAs"), consisting of the European Securities and Markets Authority, the European Banking Authority, and the European Insurance and Occupational Pensions Authority,...more

Blockchain Trading for Nonlisted Securities: The New French Regime Is Achieved

The Situation: In 2017, French authorities amended laws to permit the use of blockchain, or distributed ledger technology ("DLT"), for trading nonlisted securities. The Result: The regulation governing the use of DLTs and...more

New Category of Debt Securities: Senior Non-Preferred Notes, European Capital Markets Update

On 20 July 2017, Belgium adopted legislation establishing senior non-preferred notes, a new category of debt securities available to banking institutions. The law provides for a new Article 389/1 into the Law of 25 April 2014...more

The Pre-Emption Group Publishes Monitoring Report, European Capital Markets Update

The Pre-Emption Group has released a monitoring report which looks at the implementation of the Statement of Principles and the template resolutions regarding disapplication published by the Group in May 2016. The Statement...more

FCA Publishes Policy Statement Setting Out Changes to the Listing Rules, European Capital Markets Update

The United Kingdom's Financial Conduct Authority ("FCA") published a policy statement on 26 October 2017 setting out certain amendments to the Listing Rules ("LRs") and related technical notes ("Policy Statement"). The FCA...more

Negative Interest Rates: Autorité des Marchés Financiers Takes Position on Information to be Included in Bond Prospectuses,...

During the last decade, negative interest rates have raised concerns in the European debt capital markets landscape. Prospectuses often allow the issuance of debt securities for which the interest rate is linked to indexes...more

New EU Prospectus Regulation 2017/1129 Entered into Force, European Capital Markets Update

On 20 July 2017, the new EU Prospectus Regulation (Regulation (EU) 2017/1129) of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or...more

New German Money Laundering Act Establishes Additional Transparency Requirements for Certain Listed Companies, European Capital...

On 25 June 2017, the new German Money Laundering Act came into force, which primarily implements the 4th European Anti-Money-Laundering Directive (EU 2015/849) into German law. Among others, the Act establishes a new...more

AIM Companies and the Legal Entity Identifier Requirement, European Capital Markets Update

The London Stock Exchange published AIM Notice 47 ("Notice") on 13 October 2017 in respect of the requirement that all AIM companies with securities admitted to trading on AIM obtain a Legal Entity Identifier ("LEI") code. It...more

ESMA Issues Technical Advice on Format and Content of Prospectuses: Focus on Proposed Deletion of Requirement to Include...

As noted above, the new Prospectus Regulation entered into force on 20 July 2017. Following a request for technical advice from the European Commission, the European Securities and Markets Authority ("ESMA") has published...more

ESMA Update Q&A to Clarify Definition of "Closely Related Person" for Purposes of Article 3(1)(26) of MAR, European Capital...

On 6 July 2017, ESMA updated its Q&A relating to the Market Abuse Regulation ("MAR") which included a clarification on the definition of a "closely associated person" for the purposes of Article 3(1)(26) of MAR. Under Article...more

Further Implementation of the Market Abuse Regulation, European Capital Markets Update

On 31 July 2017, a new law was adopted to further implement and ensure the effectiveness of Regulation 596/2014 on market abuse ("Market Abuse Regulation"). This new law amends the law of 2 August 2002 on the supervision of...more

Implementation Decree for the Say-on-Pay Provisions of the Loi Sapin II Adopted

Adopted on 8 November 2016, the Sapin II Act (Loi Sapin II) introduced a compulsory ex ante vote on remuneration policy and an ex post vote on the amount of remuneration received in accordance with the policy passed the...more

Modernization of French Bondholders' Rights

On 10 May 2017, an ordinance was adopted by the French government ("Ordinance") in order to promote the use of bonds as a financing vehicle for French issuers that represents a major step forward in the French debt capital...more

First Issuance of Green Bonds by the French State

On 24 January 2017, France issued its first sovereign green bonds for an amount of €7 billion, with a maturity of 22 years and a yield at issue of 1.741 percent. The French sovereign issuance was fully allocated with total...more

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