The EU and the UK Enter into a Memorandum of Understanding on Regulatory Cooperation

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In a process that began in December 2020 with a Joint Declaration on Financial Services Regulatory Cooperation, on 27 June 2023 the UK and the EU signed a Memorandum of Understanding establishing a framework for financial services regulatory cooperation between the European Union and the United Kingdom of Great Britain and Northern Ireland (“the MoU”).

The MoU sets out four objectives:

  1. an exchange of views and analysis on regulatory developments and other issues of common interest;
  2. transparency and dialogue on the process of adoption, suspension and withdrawal of equivalence decisions (whereby the EU acknowledges third-country legislation as equivalent);
  3. an exchange of views and analysis on market developments and financial stability issues; and
  4. enhanced cooperation and coordination.

While it also establishes the Joint EU-UK Financial Regulatory Forum to serve as a platform for cooperation and undertake forward planning, that Forum will not take any regulatory, supervisory or legal decisions nor will it make any equivalence determinations. The MoU establishes a venue and a framework to come together for an exchange of views, and not a decision-making body that can create rights or obligations under international or domestic law.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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