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UK Financial Conduct Authority Consults on Amending Decision-Making Process

Key Points - The FCA is consulting on changing its internal decision-making process. If the FCA’s proposals are made into final rules, certain decisions which are currently taken by the quasi-independent RDC will...more

Upper Tribunal Clarifies FCA’s Powers Regarding Non-Financial Misconduct by Regulated Individuals

Key Points - The Upper Tribunal has issued the first ruling in relation to the FCA’s decision to sanction an individual following a conviction for a criminal offence which did not involve dishonesty. The FCA had sought...more

The FCA And SEC Annual Reports – A Statistical Comparison

Key Points - The SEC and the FCA each publish annual reports on their enforcement actions. Whilst enforcement data only shows a snapshot of the regulators’ activities, there is much to be learned from these reports,...more

UK Financial Conduct Authority Publishes Consultation Paper on New Diversity Requirements for Listed Companies

The UK Financial Conduct Authority (FCA) has issued a consultation paper (the “Consultation Paper”) proposing new disclosure rules relating to diversity and inclusion on the boards and executive committees of listed...more

EU Guidance Clarifies SFDR Extraterritorial Application and Scope of Article 8

The European Securities and Markets Authority (ESMA) published on 23 July 2021 the guidance provided by the European Commission (EC) in response to a number of questions posed by the European Supervisory Authorities (ESAs) in...more

FCA Issues Guiding Principles for Improving the Quality and Clarity of ESG and Sustainable Investments

The Financial Conduct Authority (FCA) has written to the Chairs of Authorised Fund Managers (AFMs) with respect to its expectations on the quality of information provided to investors of investment funds focused on investing...more

The FCA Publishes Guidance on ESG Disclosures and Greenwashing

The UK Financial Conduct Authority (FCA) has published a “Dear Chair” letter (here) (the “Letter”) setting out its “Guiding principles on design, delivery and disclosure of ESG [environmental, social and governance features]...more

UK Proposes New Climate-related Disclosure Rules for Standard Listed Companies

In November 2020, the UK government published “Roadmap” setting out its aims for mandatory climate-related disclosures across the UK economy, in a manner aligned with the recommendations of the Taskforce on Climate-related...more

UK Proposes New Climate-related Disclosure Rules for Asset Managers

The proposed disclosure rules applicable to UK investment managers have been published for comment by the UK’s Financial Conduct Authority (FCA). The rules focus on enhancing transparency on climate-related risks and align...more

New UK Climate Disclosure Rules

The Financial Conduct Authority (FCA) has issued consultation papers introducing new mandatory climate-linked disclosure requirements. The proposals are consistent with the “roadmap” published by the UK Government, which set...more

UK and EU Agree to Establish Joint Financial Regulatory Forum

The United Kingdom and the European Union have concluded technical discussions on the text of the Memorandum of Understanding (MoU) referred to in the Joint Declaration on Financial Services Regulatory Cooperation agreed...more

EU Short Selling Regulation: ESMA to End Temporary Lower 0.1% Net Short Position Reporting Threshold

The European Securities and Markets Authority (ESMA) has announced that the temporary lower net short position reporting threshold of 0.1 percent under the EU Short Selling Regulation (SSR) with respect to shares traded on an...more

UK Regulators Consult on Amendments to Margin Requirements Under UK EMIR

The Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) have published a Consultation Paper1 with proposed changes to the secondary rules regarding margin requirements applicable to non-centrally...more

Derivatives Clearing: EU adopts second equivalence decision for US CCPs

On 27 January 2021, the European Commission adopted an equivalence decision determining that the legal and supervisory arrangements applicable to US central counterparties (CCPs) registered with the Securities and Exchange...more

U.K. Privacy Regulator Clarifies How U.K. Firms May Respond to SEC Document and Records Requests

Key Points The United States Securities and Exchange Commission (SEC) is able to make requests of U.K. firms (including U.K. branches of non-U.K. firms) to provide books and records and other documents of SEC regulated...more

The End of the Brexit Transition Period: Compliance Requirements for UK Investment Managers and Advisers

On 24 December 2020, the government of the United Kingdom (UK) and the European Union (EU) reached a Trade and Cooperation Agreement (the “Agreement”) in advance of the end of the Brexit transition period (11:00 p.m. GMT on...more

ESMA and the FCA Extend the Temporary 0.1% Net Short Position Reporting Threshold

In response to the unprecedented circumstances caused by the COVID-19 pandemic, the EU and the UK temporarily lowered the reporting threshold under the EU Short Selling Regulation (“EU SSR”) for net short positions in shares...more

ESMA Consults on Guidelines to Address Leverage Risk in the Alternative Investment Fund Sector

On 27 March 2020, the European Securities and Markets Authority (ESMA) launched a public consultation on its draft guidelines to assess leverage risks in the Alternative Investment Fund (AIF) sector. In particular, ESMA is...more

Extension of the Senior Manager and Certificate Regime Implementation Periods for Solo-Regulated Firms to March 2021

On 30 June 2020, the Financial Conduct Authority (FCA) announced proposals designed to provide breathing room to solo-regulated firms (meaning those governed solely by the FCA) in respect of the implementation of certain...more

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

ESMA Renews 0.1% Net Short Reporting Threshold for a Further Three Months

On 10 June 2020, the European Securities and Markets Authority (ESMA) renewed its decision to temporarily require holders of net short positions in shares traded on a European Union regulated market to notify the relevant...more

Update on the FCA’s Test Case on Business Interruption Insurance

On 1 May 2020, the UK Financial Conduct Authority (FCA) issued a statement announcing its intention to obtain a court declaration to resolve contractual uncertainty in business interruption (BI) insurance policies. Further...more

Termination of EU Short Selling Bans but 0.1% Net Short Reporting Continues

On 18 May 2020, the European Securities and Markets Authority (ESMA) announced the non-renewal of the emergency restrictions on short selling and similar transactions by the Finanzmarktaufsicht (FMA) of Austria, the Financial...more

Role of Financial Services Examined in Treasury Committee Inquiry on COVID-19

On 24 April 2020, the Treasury Committee of the UK Parliament published its terms of reference for the next stage of its inquiry into the economic effect of COVID-19, which includes a focus on measures designed to hold the...more

UK Regulators Issue Statements on the Impact of COVID-19 on the Senior Managers and Certification Regime

On 3 April 2020, the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) (together the “Regulators”) issued statements regarding changes to the Senior Managers and Certification Regime for both dual...more

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