In this horizon scan for private investment funds, which is aimed at managers based in Europe, we have set out the some of the principal legal and regulatory-focused developments to look out for in the coming months....more
We have written about the opportunities for the managers of private funds, such as private equity, real estate, venture, and infrastructure managers, to increase the investor base for the funds they manage (funds) to include...more
5/29/2025
/ Defined Contribution Plans ,
Financial Conduct Authority (FCA) ,
Fund Managers ,
Investment Funds ,
Long-Term Investment Funds ,
MiFIR ,
Pension Schemes ,
Pensions ,
Private Equity ,
Professional Investors ,
Regulatory Requirements ,
Retirement Plan ,
UK
In our previous alert Paying for Buy-Side Investment Research: New Rules Ease the US-UK Divide | Insights & Resources | Goodwin we discussed the Financial Conduct Authority (FCA) final rules in its policy paper PS24/9:...more
5/15/2025
/ Broker-Dealer ,
Final Rules ,
Financial Conduct Authority (FCA) ,
Fund Managers ,
Investment Funds ,
Investment Management ,
MiFID II ,
New Rules ,
Regulatory Requirements ,
Securities Regulation ,
UK
Following our September 2024 Alert “Liquidity Management Under AIFMD2: RTS for Open-Ended Funds,” the European Securities and Markets Authority (ESMA) has now published Final Reports for “Guidelines on LMTs of UCITS and...more
5/9/2025
/ Alternative Investment Fund Managers Directive (AIFMD) ,
EU ,
European Securities and Markets Authority (ESMA) ,
Final Rules ,
Fund Managers ,
Investment Funds ,
Liquidity ,
Liquidity Management ,
Regulatory Reform ,
Regulatory Requirements ,
Regulatory Standards ,
Risk Management
Published on April 29, 2025, the ESMA final report (ESMA75-453128700-1408) outlines the guidelines (Guidelines) for competent national authorities (NCAs) to prevent and detect market abuse in the context of the Markets in...more
5/6/2025
/ Blockchain ,
Crypto Exchanges ,
Cryptoassets ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Regulatory Reform ,
Market Abuse ,
New Regulations ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Management
In its recent consultation [CP25/10: Definition of capital for FCA investment firms] (Consultation), the Financial Conduct Authority (FCA) has stated that it wants to amend its capital rules for investment firms — such as...more
5/2/2025
/ Brokers ,
Capital Requirements ,
Consultation ,
Financial Conduct Authority (FCA) ,
FinTech ,
Investment Firms ,
Investors ,
MiFID ,
Proposed Amendments ,
Proposed Rules ,
Regulatory Requirements ,
Startups ,
UK ,
Venture Capital ,
Wealth Management
On April 8, 2025, Natasha Cazenave, executive director of the European Securities and Markets Authority (ESMA), addressed the European Parliament’s Economic and Monetary Affairs Committee, offering key insights into the...more
In our recent alert “Properly Valuing Private Equity, Venture, Real Estate, and Other Private Market Assets: Some Pointers for UK and EU Managers”, we discussed the Financial Conduct Authority’s (FCA’s) focus on fund...more
4/10/2025
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Consultation ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Regulatory Reform ,
Fund Managers ,
HM Treasury ,
Investment Funds ,
Private Funds ,
Proposed Rules ,
Regulatory Reform ,
UK ,
Venture Capital
In a previous alert, we discussed the proposals put forward by the UK Financial Conduct Authority (FCA) for all FCA-authorised firms to better integrate non-financial misconduct (NFM) considerations into their senior manager...more
The keenly awaited details of the EU’s proposed first omnibus package were published on 26 February 2025. The package includes amendments to the Corporate Sustainability Reporting Directive (CSRD) (including revision and...more
3/13/2025
/ Corporate Governance ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
Investment Funds ,
Private Equity ,
Regulatory Burden ,
Reporting Requirements ,
Sustainability ,
Sustainable Finance ,
Taxonomy
In our recent alert “New Year, Similar Concerns: The FCA’s 2025 Priorities for UK Private Fund Managers,” we discussed the updated supervisory strategy and priorities which the Financial Conduct Authority (FCA) has for...more
3/10/2025
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Valuations ,
Conflicts of Interest ,
EU ,
Financial Conduct Authority (FCA) ,
Fund Managers ,
Private Equity ,
Private Funds ,
Risk Management ,
Valuation ,
Venture Capital
On 26 February 2025, the Financial Conduct Authority (FCA) published a portfolio letter (Letter) explaining its supervision priorities for the asset management and alternatives portfolios....more
3/3/2025
/ Asset Management ,
Consumer Financial Products ,
Due Diligence ,
Financial Conduct Authority (FCA) ,
Financial Crimes ,
Fund Managers ,
Investment Funds ,
Know Your Customers ,
Market Abuse ,
Portfolio Companies ,
Private Equity ,
Private Funds ,
Risk Management ,
Supervision ,
Sustainable Finance ,
UK
Firm culture remains a key topic on the Financial Conduct Authority’s (FCA’s) radar this year. In a previous alert, we discussed the FCA’s proposals for all FCA-authorised firms to better integrate non-financial misconduct...more
Digital Operational Resilience Act (DORA) aims to harmonize provisions related to cybersecurity and information and communication technology (ICT) risk management in the financial sector. Its scope covers nearly all entities...more
1/17/2025
/ Compliance ,
CSSF ,
Cybersecurity ,
Data Protection ,
Digital Operational Resilience Act (DORA) ,
EU ,
Financial Institutions ,
Financial Services Industry ,
Information and Communication Technology (ICT) ,
Information Technology ,
Luxembourg ,
Regulatory Requirements ,
Risk Management
In a previous alert, we identified that the definition of a collective investment scheme (CIS) could capture on-chain staking, and that the UK government, acting through the HM Treasury (HMT), was looking to clarify the...more
1/16/2025
/ Blockchain ,
Collective Investment Schemes ,
Compliance ,
Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
Financial Conduct Authority (FCA) ,
Financial Services and Markets Act ,
Financial Services Industry ,
HM Treasury ,
Regulatory Requirements ,
UK
On December 19, 2024, Luxembourg adopted Blockchain Law IV, a landmark legislative move aimed at strengthening the legal framework for blockchain in the financial sector. ...more
In our recent alert Loan Origination Under AIFMD2: A Guide on loan origination under the revised Alternative Investment Fund Managers Directive (AIFMD2), we noted that the European Securities and Markets Authority (ESMA)...more
12/19/2024
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Commercial Loans ,
Consultation ,
ELTIF ,
EU ,
European Securities and Markets Authority (ESMA) ,
Liquidity ,
Member State ,
Regulation Technical Standards (RTS) ,
Risk Management ,
Stress Tests
On 14 November 2024, Chancellor Rachel Reeves delivered her inaugural Mansion House 2024 speech, announcing a collection of reforms designed to drive growth and competitiveness in the financial services sector....more
11/21/2024
/ Economic Growth ,
Financial Regulatory Reform ,
Fund Managers ,
MiFID II ,
Pensions ,
Private Funds ,
Privately Held Corporations ,
Senior Management Regime (SMR) ,
Senior Managers ,
Sustainable Finance ,
Trading Platforms ,
UK
In our previous alert we mentioned a joint letter from the Prudential Regulation Authority (PRA) and Financial Conduct Authority (FCA) to the UK Government on their strategic approach to artificial intelligence (AI) and...more
11/6/2024
/ Artificial Intelligence ,
Bank of England ,
Banking Sector ,
Banks ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Financial Stability Board ,
FinTech ,
Machine Learning ,
Prudential Regulation Authority (PRA) ,
Risk Assessment ,
Risk Mitigation ,
UK
Welcome to the third edition of our Horizon Scan for 2024: key recent and expected funds, regulatory and tax developments to look out for. As before, we focus on the most important developments and changes that we expect...more
11/1/2024
/ Corporate Governance ,
Disclosure Requirements ,
Economic Sanctions ,
EU ,
Financial Crimes ,
Fund Managers ,
MiFID II ,
Packaged Retail And Insurance-Based Investment Products (PRIIPS) ,
Private Funds ,
Regulatory Requirements ,
SFDR ,
Sustainable Finance ,
UK
The European Commission’s adoption on 23 October 2024 of the two regulations (Regulations) supplementing the [the Regulation on digital operational resilience for the financial sector Publications Office (europa.eu)] (DORA)...more
10/28/2024
/ Compliance ,
Compliance Dates ,
Digital Services ,
EU ,
European Commission ,
European Supervisory Authorities (ESAs) ,
Financial Institutions ,
Financial Services Industry ,
Incident Response Plans ,
Member State ,
Regulation Technical Standards (RTS) ,
Risk Management ,
Third-Party Service Provider
In a previous alert, Crypto-Asset Services and Grandfathering Under MiCA: Clarity From ESMA, we noted that the provisions of the Markets in Crypto Assets Regulation (MiCA) governing crypto-asset service providers (CASPs) is...more
In a previous alert, “Are You Ready for MiCA Implementation?,” we discussed provisions of the Markets in Crypto Assets Regulation (MiCA) governing stablecoins that came into effect on 11 June 2024.
With further provisions...more
For any UK fintech business involved with payments of electronic money (e-money) and any (experienced) investor in these businesses, safeguarding client funds is a key regulatory issue....more
10/2/2024
/ Annual Reports ,
Auditors ,
Compliance ,
Consultation ,
Cryptocurrency ,
Customers ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Financial Services Industry ,
FinTech ,
Investors ,
Lehman Brothers ,
Money Transfer ,
Payment Systems ,
UK
In our recent alert Loan Origination Under AIFMD2: A Guide, on loan origination under the revised Alternative Investment Fund Managers Directive (AIFMD2), we noted that the European Securities and Markets Authority (ESMA)...more
9/20/2024
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Compliance ,
EU ,
European Securities and Markets Authority (ESMA) ,
Investment Funds ,
Liquidity ,
Liquidity Management ,
Liquidity Risk Management Rule ,
Loan Origination Funds ,
Open-Ended Fund Companies (OFCs) ,
Risk Management ,
UCITS