It has been a period rife with notable shifts on the global stage; a new administration in the US, the end of the Brexit transition period and the reaching of key milestones in the discontinuation of LIBOR, to name but a few....more
11/16/2021
/ Banking Sector ,
Biden Administration ,
Climate Change ,
Cross-Border ,
Department of Labor (DOL) ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
Financial Conduct Authority (FCA) ,
Financial Markets ,
Financial Services Industry ,
Libor ,
OCC ,
Regulatory Oversight ,
Sustainability ,
UK
The UK's departure from the EU has created new uncertainties in EU-UK cross-border financial services. One such area is the regulatory landscape that EU and UK financial services firms will have to navigate when doing...more
On 5 March 2021, the Financial Conduct Authority ("FCA") announced (the "FCA Announcement") the future cessation or loss of representativeness for all 35 LIBOR settings currently published by ICE Benchmark Administration...more
On 5 December 2019 the Bank of England (Bank), UK Prudential Regulation Authority (PRA) and UK Financial Conduct Authority (FCA) published coordinated consultation papers and policy on new requirements to strengthen...more
3/12/2020
/ Bank of England ,
Board of Directors ,
Business Continuity Plans ,
CEOs ,
Cloud Computing ,
Consultation Papers ,
Contingency Plans ,
Coronavirus/COVID-19 ,
EU ,
European Banking Authority (EBA) ,
European Central Bank ,
Financial Conduct Authority (FCA) ,
Financial Markets ,
Financial Services Industry ,
Market Participants ,
Outsourcing ,
Prudential Regulation Authority (PRA) ,
Risk Management ,
Security Risk Assessments ,
SMCR ,
Third-Party Service Provider ,
UK ,
UK Brexit
In 2012, the Wheatley Review recommended reform rather than replacement of LIBOR, on the basis that a transition to a new benchmark would pose an unacceptably high risk of financial instability. Reform came in the form of a...more
9/4/2019
/ Banking Sector ,
Benchmarks ,
Bonds ,
Compound Interest ,
Derivatives ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Financial Markets ,
Interest Rates ,
ISDA ,
Lenders ,
Libor ,
Loan Market Association ,
Loans ,
Prudential Regulation Authority (PRA) ,
Public Consultations ,
Sterling Overnight Index Average (SONIA) ,
UK ,
Working Groups
On 31 July 2019 the UK Financial Conduct Authority (FCA) published final Guidance on the cryptoasset activities within its regulatory perimeter, in response to feedback on its January 2019 consultation paper and as trailed in...more
8/10/2019
/ Cryptocurrency ,
E-Money ,
E-money tokens ,
Exchange Tokens ,
Final Guidance ,
Financial Conduct Authority (FCA) ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Markets ,
Financial Services Industry ,
HM Treasury ,
International Harmonization ,
Money Transfer ,
Payment Services Directive ,
Public Consultations ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Securities Tokens ,
SMCR ,
Tech Neutrality ,
UK ,
UK Brexit ,
UK Regulated Activities Order (RAO Amendments) ,
Utility Tokens
On 1 August 2019, the UK FCA published an article titled "Artificial Intelligence (AI) in the Boardroom" in its Insight series of opinion and analysis. Its author, Magnus Falk, a senior technology adviser at the FCA who used...more
8/6/2019
/ Artificial Intelligence ,
Board of Directors ,
Corporate Counsel ,
Corporate Governance ,
Ethical Standards ,
European Commission ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Legal Ethics ,
Popular ,
Senior Managers ,
Supervisors ,
UK
On 3 July 2019, the UK's Financial Conduct Authority published a consultation paper in which it proposed to prohibit the sale to all retail clients of derivatives and Exchange Traded Notes (ETNs) that reference certain types...more
7/11/2019
/ Annual Reports ,
CATF Report ,
CFD Trading ,
Cryptoassets ,
Cryptocurrency ,
Derivatives ,
ETFs ,
Federal Bans ,
Financial Conduct Authority (FCA) ,
FSMA ,
Investor Protection ,
Public Consultations ,
Retail Investors ,
UK
Cyber attacks are a national security concern in the UK. While individuals can be victims of such attacks, private sector institutions are often the direct targets. Cyber attacks can critically damage a commercial reputation...more
7/2/2019
/ Bank of England ,
Cooperation Agreement ,
Cross-Border Transactions ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Financial Conduct Authority (FCA) ,
Financial Regulatory Agencies ,
Financial Services Industry ,
Memorandum of Understanding ,
Monetary Authority of Singapore ,
Popular ,
Singapore ,
UK
There is no silver bullet for maintaining cross-border trading if the UK leaves the EU without a deal.
The date of Brexit has been delayed until (at least) October 31, 2019, but there is little sign that financial...more
7/1/2019
/ Commodities Traders ,
Cross-Border Transactions ,
Derivatives ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Financial Regulatory Agencies ,
Licensing Rules ,
Member State ,
MiFIR ,
MTFs ,
OTFs ,
Regulatory Requirements ,
Reporting Requirements ,
Securities ,
Securities Traders ,
Share Trading Obligation (STO) ,
Trading Platforms ,
Transparency ,
UK ,
UK Brexit ,
Venue
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
4/1/2019
/ Anti-Money Laundering ,
Bank of England ,
Basel Committee on Banking Supervision (BCBS) ,
Bearer Shares ,
Collective Investment Schemes ,
Consumer Protection Laws ,
Cross-Border Transactions ,
Cryptoassets ,
CSDR ,
Debt Instruments ,
Distributed Ledger Technology (DLT) ,
Electronic Payment Transactions ,
EU ,
EU Market Abuse Regulation (EU MAR) ,
European Banking Authority (EBA) ,
European Commission ,
European Economic Area (EEA) ,
European Securities and Markets Authority (ESMA) ,
Exchange Tokens ,
FATF ,
Financial Conduct Authority (FCA) ,
Financial Instruments ,
FinTech ,
HM Treasury ,
Information Reports ,
Initial Coin Offering (ICOs) ,
Member State ,
MiFID II ,
Popular ,
Prospectus ,
PSD2 ,
Securities ,
Securities Tokens ,
Transparency ,
UK ,
UK Regulated Activities Order (RAO Amendments) ,
Utility Tokens
The UK FCA launched on 23 January 2019 its highly anticipated consultation1 (CP19/3) on Guidance for market participants as to where certain cryptoassets sit in relation to the regulatory perimeter - and whether relevant...more
1/28/2019
/ Bitcoin ,
Collective Investment Schemes ,
Consumer Protection Laws ,
Cryptocurrency ,
Debt Instruments ,
Ether ,
Exchange-Traded Products ,
Financial Conduct Authority (FCA) ,
Initial Coin Offering (ICOs) ,
Market Abuse ,
Market Participants ,
MiFID II ,
Money Laundering ,
New Guidance ,
Prospectus ,
Securities ,
Securities Tokens ,
SMCR ,
Token Sales ,
Transparency ,
UK ,
UK Regulated Activities Order (RAO Amendments) ,
Utility Tokens
General counsels at FCA regulated firms will no doubt be relieved to see that in its latest Consultative Paper published yesterday the FCA has rowed back from its previous suggestion that "Head of Legal" should be a senior...more