News & Analysis as of

Financial Conduct Authority (FCA)

FCA Publishes Two Papers on the Effectiveness of UK Primary Markets

by Jones Day on

In the FCA's 2016/2017 Business Plan, one of the FCA's main priorities was to carry out a review of the structure of the United Kingdom's primary markets in order to ensure that they continue to serve the needs of both...more

Banking on IT

by Latham & Watkins LLP on

The European Banking Authority (EBA) has published its consultation document on security measures for operational and security risks under the revised Payment Services Directive (PSD2). The WannaCry ransomware attack that...more

The Financial Report, Volume 6, Number 9

by DLA Piper on

US financial regulators discuss Volcker Rule. CNBC reported that US financial regulators are tackling one of Wall Street’s biggest concerns by discussing the Volcker Rule governing banks’ proprietary trading. Rich Foster,...more

FCA Announces Review on Availability of Information Before IPO

by Jones Day on

May 2017 On 1 March 2017, the FCA published a consultation paper proposing a number of policies aimed at improving the information made available to investors during the initial public offering ("IPO") process. The paper also...more

The FCA introduces a ban on right of first refusal clauses

by DLA Piper on

In May 2015, the Financial Conduct Authority (FCA) launched a market study on investment and corporate banking services to consider issues including choice of banks and advisers for clients and the bundling and...more

Follow-Up on Open-Ended Funds and Illiquidity

by Reed Smith on

On 4 July 2016, Standard Life Investments suspended trading as a result of investors flooding the gates for redemptions. Several other funds, such as M&G and Aviva Investments, followed suit throughout the same week. By...more

New FCA Web Page on Cyber Resilience

On May 18, 2017, the FCA published a new Web page on cyber resilience. The FCA notes that cyber risks pose a threat to all financial services firms. Firms should be aware of the threat, able to defend themselves...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The new Chairman continues to build out the senior staff, making key appointments. Specifically, the Chairman appointed: Jaime Klima, formerly co-chief of staff under Acting Chairman Piwowar, as his Chief Counsel; Lucas...more

Financial Conduct Authority Publishes Policy Statement on Remuneration in Capital Requirements Directive IV Firms

by Shearman & Sterling LLP on

The Financial Conduct Authority has published a Policy Statement containing final Handbook text and guidance on the requirements for remuneration policies that apply to firms subject to the Capital Requirements Directive IV....more

Financial Conduct Authority Publishes Policy Statement and Final Guidance on the Duty of Responsibility

by Shearman & Sterling LLP on

The Financial Conduct Authority has published a Policy Statement and final Guidance on how it will enforce the "duty of responsibility". The "duty of responsibility" came into force to replace the much-criticised so-called...more

Financial Conduct Authority Publishes Policy Statement on Whistleblowing in UK Branches of Foreign Banks

by Shearman & Sterling LLP on

The Financial Conduct Authority has published a Policy Statement introducing final rules on whistleblowing requirements for UK branches of overseas (EEA and third country) banks...more

UK: FCA consults on its approach to reviewing Part VII transfers of insurance business

by Hogan Lovells on

On Monday 15 May 2017 the Financial Conduct Authority (FCA) published a consultation paper on new proposed guidance on its approach to reviewing applications to transfer insurance business under Part VII of the Financial...more

What to Know About Increased AIFMD Reporting Requirements in the UK

by Proskauer Rose LLP on

On 29 June 2017, changes to the UK’s Financial Conduct Authority’s rules and guidance on Annex IV reporting under the Alternative Investment Fund Managers Directive (AIFMD) will come into effect....more

Two Months After The Margining Big Bang – The State Of Play

by White & Case LLP on

As we reported in our December 2016 issue of the Delta Report, the derivatives market has been working steadily towards a Q1 2017 phase-in commencement in respect of the rules for margining of non-cleared derivatives (the...more

MiFID II / MiFIR Update – May 2017

by White & Case LLP on

Reporting Obligation (Article 26 of MiFIR / RTS 22) - 28 July 2016 – European Commission adopted Delegated Regulation supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council with...more

Corporate News - May 2017

by Hogan Lovells on

Corporate governance – 4MLD and changes to the PSC regime - Companies House recently published its business plan for 2017-18, its strategic plan for 2017-2020 and a press release with details of additional anti-money...more

A five minute roundup of upcoming cases and anticipated regulatory developments of interest to the Financial Services sector

by DLA Piper on

Welcome to the fourth edition of our On the Financial Services Horizon newsletter – a regular update on upcoming cases and anticipated regulatory developments affecting the Financial Services sector....more

Cyber-resilience - a repeated regulatory message

by WilmerHale on

An expectation that regulated financial services firms be ‘cyber-resilient’ should not cause any surprise. Cyber-crime and data breaches represent major risks for business generally. Comparatively, that risk is not mitigated...more

Stepping stones to creating Industry Sandboxes

by Hogan Lovells on

The report Industry Sandboxes: A development in Open Collaboration published today is itself the product of industry-wide collaboration – initiated by an invitation from the UK's Financial Conduct Authority (FCA) to Innovate...more

Investment Funds Updatea: Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

by Dechert LLP on

HM Treasury Finalises Private Fund Changes to Limited Partnerships Act 1907 - As previously reported, HM Treasury published on 16 January 2017, a draft Legislative Reform (Private Fund Limited Partnerships) Order 2016...more

Latest FCA rules and guidance: SMCR, remuneration and whistleblowing

by Dentons on

On 3 May the FCA published a series of policy statements tidying up aspects of the senior managers and certification regime (SMCR) for banks and insurers as well as finalising rules on remuneration and on whistleblowing in...more

UK Financial Conduct Authority Consults on Implementing Draft Payment Services Regulations 2017

by Shearman & Sterling LLP on

The Financial Conduct Authority has launched a consultation on changes to its rules resulting from implementation of the draft Payment Services Regulations 2017. The UK Government has separately consulted on draft Payment...more

Financial Conduct Authority Publishes Discussion Paper on Distributed Ledger Technology

by Shearman & Sterling LLP on

The Financial Conduct Authority has published a discussion paper on distributed ledger technology (DLT). The FCA is seeking to start a dialogue on the potential for future development of DLT in the markets it regulates. The...more

WIN Wise: Dawn Raids - are you prepared? Our top 10 tips for in-house lawyers

by DLA Piper on

Early on Wednesday morning, while the majority of us were only just beginning our day, some 180 HMRC investigators were deployed to a number of premises pertaining to two prominent English football clubs, including a...more

Senior Managers and Certification Regime (SMCR). What’s next?

by Dentons on

Individual accountability has been a key area of focus since the financial crisis. With the extension of the SMCR to all regulated firms on the horizon, we look at what this is likely to mean in practice....more

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