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Financial Instruments MiFID II

A&O Shearman

European Securities and Markets Authority Consults on Guidelines on Reverse Solicitation and Cryptoassets as Financial Instruments...

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The European Securities and Markets Authority has published two consultation papers on proposed guidelines under the EU Markets in Crypto Assets Regulation, one on reverse solicitation and the other on the classification of...more

McDermott Will & Emery

FinmadiG und KMAG – Umsetzung der europäischen Krypto-Finanzmarktregulierung in Deutschland

McDermott Will & Emery on

Der deutsche Gesetzgeber hat auf die Vereinheitlichung der europäischen Finanzmarktvorschriften geantwortet: Im Oktober 2023 hat das Bundesministerium der Finanzen den Referentenentwurf für das Gesetz über die Digitalisierung...more

A&O Shearman

EU Opinion on Trading Venue Perimeter

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On February 2, 2023, the European Securities and Markets Authority published a final report and an Opinion on the trading venue perimeter. The Opinion clarifies the definition of multilateral systems under the EU’s revised...more

Dechert LLP

The French Financial Markets Authority has reaffirmed its strict interpretation of what constitutes reverse solicitation

Dechert LLP on

French Financial Markets Authority, Enforcement Committee (Commission des sanctions), Decision No. 4 dated 26 April 2022 (SAN-2022-05) The Enforcement Committee of the French Financial Markets Authority (Autorité des...more

Akin Gump Strauss Hauer & Feld LLP

ESMA’s New Guidelines on the MiFID II Compliance Function Requirements

On 5 June 2020, the European Securities and Markets Authority (ESMA) published its final guidelines on certain aspects of the recast Markets in Financial Instruments Directive (MiFID II) compliance function requirements (the...more

Akin Gump Strauss Hauer & Feld LLP

MiFID II Update – Non-EU Trading Venue Equivalence for Transparency and Position Limits

On 3 June 2020, the European Securities and Markets Authority (ESMA) published two Opinions clarifying how European Union investment firms trading financial instruments on third-country trading venues (TCTVs) should, from 3...more

A&O Shearman

EU Recommendations on MiFID II Product Intervention Amendments

A&O Shearman on

The European Securities and Markets Authority has published Technical Advice on the impact and functioning of the product intervention rules in the Markets in Financial Instruments Regulation. MiFIR gives ESMA powers...more

A&O Shearman

European Securities and Markets Authority Publishes Evidence on Market Impacts of Circuit Breakers

A&O Shearman on

The European Securities and Markets Authority has published a working paper setting out its findings on the market impacts of “circuit breakers”, instruments used by trading venues to interrupt excessive price movements in...more

Orrick, Herrington & Sutcliffe LLP

The implementation of the Fifth Anti Money Laundering Directive in German Law – Tighten the tight?

In the course of the “Panama Paper” scandal, Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing – known as 4. Anti-Money Laundering...more

A&O Shearman

UK Conduct Authority Publishes Review Findings for EU Research Unbundling Rules

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The U.K. Financial Conduct Authority has published the outcome of its review of the research unbundling reforms implemented in the EU by the revised Markets in Financial Instruments Directive. MiFID II has applied across the...more

A&O Shearman

EMIR Refit: EU Clarification on Derivatives Trading and Clearing Obligations

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The European Securities and Markets Authority has issued a Statement clarifying the application and interaction of the EU derivatives clearing and trading obligations following the entry into force of the revised European...more

A&O Shearman

European Commission Publishes Commission Delegated Regulation Amending Registration Conditions for SME Growth Markets

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An amending Commission Delegated Regulation to the existing Commission Delegated Regulation (Regulation 2017/565) on requirements for participants in SME growth markets has been published in the Official Journal of the...more

A&O Shearman

EU Technical Advice on Incorporating Sustainability Factors Into EU Regulation

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The European Securities and Markets Authority has published its final report and technical advice to the European Commission on incorporating sustainability risks and factors into European regulation. The European Commission...more

A&O Shearman

EU FOREX Broker Faces Proceedings in Czech Courts Brought by "Consumer" Client Following EU Opinion

A&O Shearman on

Individuals who act outside their trade or profession when instructing brokers to execute FOREX contracts on their behalf must be regarded as "consumers" for the purposes of the Recast Brussels Regulation, according to a...more

White & Case LLP

Financial Regulatory Observer – March 2019: FRO in-depth: The future of cryptoassets regulation

White & Case LLP on

Partners Julia Smithers Excell and Stuart Willey, and associate Laura Kitchen of global law firm White & Case take a deep dive on the latest publications from EU and UK regulators aimed at providing supervisory clarity on the...more

Jones Day

ESMA Examines EU Regulatory Framework for Crypto Assets and ICOs

Jones Day on

The Situation: On January 9, 2019, the European Securities and Markets Authority ("ESMA") issued advice to the EU Commission, Council, and Parliament on initial coin offerings ("ICOs") and crypto assets. The Result: ESMA...more

Dechert LLP

UK FCA Issues Consultation Paper on Draft Regulatory Guidance on Cryptoasset Categorisation

Dechert LLP on

Following its commitment within the report issued on 30 October 2018 by the UK’s Cryptoassets Taskforce1, on 23 January 2019 the FCA issued a Consultation Paper (“CP 19/3”)2 setting out draft regulatory guidance in respect of...more

Akin Gump Strauss Hauer & Feld LLP

Switzerland: New Laws on Financial Services

• Following the 2008 crisis, Switzerland launched a legislative project to create uniform competitive conditions for financial intermediaries and improve client protection. • Swiss Parliament adopted the FinSA on 15 June...more

Kramer Levin Naftalis & Frankel LLP

Cooperation in Derivatives in a No-Deal Brexit Environment

With the date for the United Kingdom to leave the European Union rapidly approaching, several recent developments concerning derivatives (both legal and political) are likely to be of interest to UK and EU27 counterparties....more

A&O Shearman

EU Supervisory Authority Issues Call for Evidence on Periodic Auctions for Equity Instruments

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The European Securities and Markets Authority has published a call for evidence on periodic auctions for equity instruments. ESMA wishes to gather more information on the functioning of so-called frequent batch auction...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

Division of Investment Management of the SEC Issues No-Action Letter to SSB - On May 8, 2018, the Chief Counsel's Office of the Division of Investment Management ("IM") of the Securities and Exchange Commission (the...more

Proskauer Rose LLP

Regulation Round Up - April 2018

Proskauer Rose LLP on

3 April - The Financial Conduct Authority ("FCA") published a press release, warning that it intends to take action against general insurance firms that fail to properly implement the rules aimed at increasing...more

Hogan Lovells

Italian insurance legal framework: latest news for insurers and distributors

Hogan Lovells on

Postponement of IDD implementing provisions - On 14 February the EU Council agreed the text of the proposed Directive to postpone the deadline for the transposition into Member States of Directive 2016/97 on insurance...more

Dechert LLP

MiFID II and PRIIPs: The final countdown begins

Dechert LLP on

It is now only two months until the 3 January 2018 compliance deadline for the revised Markets in Financial Instruments Directive (MiFID II) and the 1 January 2018 compliance deadline for the EU Packaged Retail Investment and...more

Orrick, Herrington & Sutcliffe LLP

Legal Entity Identifiers under MiFID II

From 3 January 2018 all legal entities (no matter where they are based or incorporated) involved in buying, selling or issuing financial instruments on EU regulated markets, multilateral trading facilities or organised...more

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