On 7 September 2023, the United Kingdom’s Financial Conduct Authority (“FCA”) set expectations ahead of its new financial promotion rules for cryptoassets (which we wrote about here).
From 8 October 2023, new rules for...more
Both opportunities and challenges have arisen for the asset management industry as a result of the rapid introduction of UK and EU sustainable finance regulation in recent years. The new requirements have been heightened in...more
9/12/2023
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Disclosure Requirements ,
Enforcement ,
Environmental Social & Governance (ESG) ,
EU ,
European Securities and Markets Authority (ESMA) ,
European Supervisory Authorities (ESAs) ,
Financial Conduct Authority (FCA) ,
Greenhouse Gas Emissions ,
Greenwashing ,
MiFID ,
New Regulations ,
SFDR ,
Sustainable Finance ,
Task Force on Climate-related Financial Disclosures (TCFD) ,
Taxonomy ,
UK
Welcome to the UK Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation....more
9/7/2023
/ AML/CFT ,
Capital Requirements Regulation (CRR) ,
Commission Delegated Regulation ,
Committee on Payments and Market Infrastructure (CPMI) ,
Cryptoassets ,
Environmental Social & Governance (ESG) ,
EU ,
European Banking Authority (EBA) ,
European Central Bank ,
False Claims Act (FCA) ,
FSMA ,
Investment Adviser ,
Investment Firms ,
IOSCO ,
Money Market Funds ,
New Regulations ,
Proposed Rules ,
Regulation Technical Standards (RTS) ,
UK
In its February 2023 discussion paper (DP23/2) relating to the UK regulatory regime for asset management, the UK’s Financial Conduct Authority (“FCA”) briefly touched on fund tokenisation as an area of technological drive and...more
31 July -
ESG: The European Commission adopted a Commission Delegated Regulation, setting out the first set of European Sustainability Reporting Standards (“ESRS”), together with a Q&A (see press release). The ESRS specify...more
8/10/2023
/ Artificial Intelligence ,
Capital Requirements ,
Cryptoassets ,
EMIR ,
Environmental Social & Governance (ESG) ,
EU ,
European Banking Authority (EBA) ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Financial Services Industry ,
FSMA ,
Investment Firms ,
Libor ,
Liquidity ,
Marketing ,
MiFID II ,
Money Market Funds ,
Packaged Retail And Insurance-Based Investment Products (PRIIPS) ,
Prudential Regulation Authority (PRA) ,
Risk Management ,
UK
Background On 12 July 2023 Nikhil Rathi, the CEO of the UK’s Financial Conduct Authority (“FCA”), delivered a speech on the FCA’s regulatory approach to Big Tech and Artificial Intelligence (“AI”)....more
On 6 June 2023, the UK’s Financial Conduct Authority (“FCA”) published the findings of its review of liquidity management in asset managers (the “Review”). The FCA also published an accompanying “Dear CEO” letter (the...more
MiFIR / MiFID II: The European Parliament published a press release announcing it has reached provisional political agreement with the Council of the EU on the proposed amendments to the Markets in Financial Instruments...more
7/5/2023
/ AML/CFT ,
Capital Requirements Regulation (CRR) ,
Cryptoassets ,
CSDR ,
EMIR ,
Environmental Social & Governance (ESG) ,
EU ,
European Parliament ,
European Securities and Markets Authority (ESMA) ,
Exit Planning ,
Financial Conduct Authority (FCA) ,
Financial Regulatory Agencies ,
Financial Services Industry ,
Handbooks ,
Investment Firms ,
Memorandum of Understanding ,
MiFID II ,
MiFIR ,
Prudential Regulation Authority (PRA) ,
Rulemaking Process ,
Serious Fraud Office (SFO) ,
SFTR ,
Transparency ,
UCITS ,
UK
Background On 29 June 2023, the UK’s Financial Conduct Authority (“FCA”) published a letter on the findings of its review of the sustainability-linked loans (“SLL”) market. SLLs aim to support sustainable economic activity...more
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Welcome to the UK Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation....more
6/6/2023
/ Alternative Investment Fund Managers Directive (AIFMD) ,
AML/CFT ,
Cryptoassets ,
ELTIF ,
ESRB ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Libor ,
MiFID II ,
Packaged Retail And Insurance-Based Investment Products (PRIIPS) ,
Risk Management ,
SFDR ,
UCITS
Welcome to the UK Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation.
Key developments in April 2023:
28 April FCA Handbook: The Financial Conduct...more
5/22/2023
/ Anti-Money Laundering ,
Artificial Intelligence ,
Asset Management ,
Bank Recovery and Resolution Directive (BRRD) ,
Capital Requirements Regulation (CRR) ,
CRD IV Directive ,
Cryptoassets ,
CSDR ,
Digital Assets ,
EMIR ,
Environmental Social & Governance (ESG) ,
European Banking Authority (EBA) ,
European Central Bank ,
Financial Conduct Authority (FCA) ,
FinTech ,
Illiquid Assets ,
Libor ,
UK
31 March -
SFTR: The European Securities and Markets Authority (“ESMA”) published an updated version of its Q&As (ESMA74-362-893) on complying with reporting requirements under the Regulation on reporting and transparency...more
4/10/2023
/ Amended Regulation ,
AML/CFT ,
Banking Sector ,
Basel Committee on Banking Supervision (BCBS) ,
Capital Markets ,
Cryptoassets ,
Distributed Ledger Technology (DLT) ,
EMIR ,
Environmental Social & Governance (ESG) ,
EU ,
EU Benchmark Regulation ,
European Banking Authority (EBA) ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Financial Regulatory Reform ,
Financial Services Industry ,
MiFIR ,
Regulatory Agenda ,
Short Selling ,
UK
On 29 March 2023, the United Kingdom’s Financial Conduct Authority (“FCA”) announced a delay to the upcoming policy statement on Sustainability Disclosure Requirements (“SDR”) and investment labels....more
Background On 20 February 2023, the United Kingdom’s Financial Conduct Authority (“FCA”) published a discussion paper (DP23/2) on updating and improving the UK regime for asset management (the “Discussion Paper”).
As part...more
3/6/2023
/ Asset Management ,
Discussion Draft ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Investment ,
Investors ,
Legislative Agendas ,
Regulatory Agenda ,
UK ,
UK Brexit
On 20 February 2023, the European Securities and Markets Authority’s (“ESMA”) consultation paper (ESMA34-472-373) “Guidelines on funds’ names using ESG or sustainability-related terms” (the “Consultation”) closed to comments....more
2/24/2023
/ AIFs ,
Biodiversity ,
Climate Change ,
Environmental Social & Governance (ESG) ,
EU ,
European Economic Area (EEA) ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Greenwashing ,
National Private Placement Regimes (NPPR) ,
SFDR ,
Sustainability ,
UK ,
Water
31 January -
The European Supervisory Authorities (“ESAs”) published a joint consultation paper (JC 2022 76) on the system established by the ESAs for the exchange of information relevant to the assessment of the fitness...more
Background -
In August 2022, the United Kingdom Financial Conduct Authority (“FCA”) published a policy statement titled “[s]trengthening our financial promotion rules for high-risk investments and firms approving financial...more
In February 2022, the UK Government published the Corporate Transparency and Register Reform White Paper (the “White Paper”), which set out its plans to reform Companies House and increase the transparency of UK corporate...more
1/19/2023
/ Beneficial Owner ,
Corporate Counsel ,
Corporate Structures ,
Foreign Entities ,
Fraud ,
HMRC ,
Limited Partnerships ,
Money Laundering ,
Proposed Legislation ,
Russia ,
Scotland ,
Transparency ,
UK ,
Ukraine
Following the turn of the new year, our UK Regulatory specialists have examined the key regulatory developments in 2023 impacting a range of UK and European firms within the financial services sector. The key dates have been...more
1/18/2023
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Climate Change ,
Environmental Social & Governance (ESG) ,
EU ,
Greenwashing ,
Libor ,
MiFID II ,
Money Laundering ,
SFDR ,
Sustainability ,
Taxonomy ,
UK
On 9 December 2022, the United Kingdom’s Chancellor of the Exchequer announced an expansive set of reforms to the UK’s financial regulatory regime – labelled the “Edinburgh Reforms”.
Following the UK’s exit from the...more
12/23/2022
/ Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Prudential Regulation Authority (PRA) ,
Regulatory Reform ,
Scotland ,
SMCR ,
UK ,
UK Brexit ,
Value-Added Tax (VAT)
On 10 March 2021,the Sustainable Finance Disclosure Regulation ((EU) 2019/2088) ("SFDR") came into force. This imposes environmental, social and corporate governance (“ESG”) and reporting requirements on a wide range of...more
12/23/2022
/ AIFM ,
Climate Change ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
Fund Managers ,
Investment Firms ,
Reporting Requirements ,
SFDR ,
Sustainability ,
Taxonomy
Key developments in November 2022: The Financial Services and Markets Act 2000 (Qualifying Provisions) (Amendment) Order 2022 (SI 2022/1252) was published together with an explanatory memorandum. The amendments allow for the...more
12/6/2022
/ Capital Requirements ,
Cryptocurrency ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
European Supervisory Authorities (ESAs) ,
Financial Conduct Authority (FCA) ,
Financial Stability Board ,
MiFID II ,
Prudential Regulation Authority (PRA) ,
UK
The United Kingdom Financial Conduct Authority (“FCA”) has become concerned that too many consumers are investing in high‑risk products without fully understanding them. To combat this, in August 2022, the FCA published a...more
Welcome to the Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation.
Key developments in October 2022:...more
11/2/2022
/ Bank of England ,
Capital Requirements Regulation (CRR) ,
CSDR ,
EMIR ,
Environmental Social & Governance (ESG) ,
European Banking Authority (EBA) ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
MiFID II ,
Prudential Regulation Authority (PRA) ,
SFDR ,
UK