Welcome to the Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation....more
3/10/2025
/ Alternative Investment Funds ,
Artificial Intelligence ,
Asset Management ,
Cryptoassets ,
Disclosure Requirements ,
Economic Growth ,
Economic Sanctions ,
Environmental Social & Governance (ESG) ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Financial Regulatory Reform ,
Financial Services Industry ,
Investors ,
Popular ,
Prudential Regulation Authority (PRA)
Following the turn of the new year, our UK Regulatory specialists have examined the key regulatory developments in 2025 impacting a range of UK and European firms within the financial services sector. The key dates have been...more
1/16/2025
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Anti-Money Laundering ,
Asset Management ,
Compliance ,
Cryptoassets ,
Digital Operational Resilience Act (DORA) ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
MiFID II ,
Money Market Funds ,
Regulatory Agenda ,
Securities Regulation ,
SFDR ,
Sustainability ,
UK
On 11 November 2024, the Financial Reporting Council (“FRC”) launched a consultation with significant updates proposed to the UK Stewardship Code (the “Code”). The aims of the consultation are to streamline reporting...more
The recent ESMA Final Report on the Guidelines for funds’ names using ESG or sustainability-related terms (the “Guidelines”) marks a critical moment for asset managers. These Guidelines aim to clarify when the use of ESG or...more
11/14/2024
/ AIFM ,
Alternative Investment Funds ,
Asset Management ,
Climate Change ,
Environmental Impact Statements ,
Environmental Social & Governance (ESG) ,
EU ,
European Economic Area (EEA) ,
European Securities and Markets Authority (ESMA) ,
Misleading Statements ,
National Private Placement Regimes (NPPR) ,
SFDR ,
Sustainability ,
UCITS
The European Council of the European Union has on 8 November published the text of the Regulation on the transparency and integrity of environmental, social and governance (ESG) rating activities (the “Regulation”).
The...more
Key developments in May 2024: ESG: The Financial Conduct Authority (“FCA”) updated its webpage on the sustainability disclosure requirements (“SDR”) and investments labelling regime. Among other things, the webpage has been...more
6/12/2024
/ AML/CFT ,
Anti-Money Laundering ,
Artificial Intelligence ,
Asset Management ,
Capital Markets ,
Capital Requirements Directive IV (CRDIV) ,
Cryptoassets ,
Disclosure Requirements ,
EMIR ,
Enforcement ,
Environmental Social & Governance (ESG) ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Investment ,
MiFID II ,
MiFIR ,
Office of Financial Sanctions Implementation (OFSI) ,
Prudential Regulation Authority (PRA) ,
Regulatory Standards ,
Retail Investors ,
Securitization ,
Sustainability ,
UK
Background -
On 23 May 2024, Ashley Alder, the Chair of the UK Financial Conduct Authority (“FCA”), delivered a speech which outlined the regulator’s agenda for the asset management sector (the “Speech”). In particular,...more
6/3/2024
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Stability Board ,
Innovation ,
MiFID II ,
Regulatory Standards ,
Retail Investors ,
Sustainable Finance ,
UCITS ,
UK
On 31 May 2024, a new anti-greenwashing rule is being introduced by the Financial Conduct Authority (the “FCA”) as part of its Sustainability Disclosure Requirements (“SDR”). We cover here the introduction of the FCA’s...more
5/30/2024
/ AIFM ,
Asset Management ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Financial Services and Markets Act ,
Greenwashing ,
Investors ,
Misleading Statements ,
Regulatory Requirements ,
SFDR ,
Sustainability ,
UK
On 31 May, 2024, a new anti‑greenwashing rule is being introduced by the Financial Conduct Authority (the “FCA”) as part of its Sustainability Disclosure Requirements (“SDR”). However, the FCA has only recently published...more
The Financial Conduct Authority (the “FCA”) on 23 April 2024 has published its Consultation Paper CP24/8 (the “CP”) on the extension of its Sustainability Disclosure Requirements (“SDR”) to portfolio managers. This follows...more
ESMA has, on 14 December 2023, published a public statement updating its Guidelines on funds’ names using ESG or sustainability-related terms. This follows the consultation paper on the same topic that ran until 20 February...more
On 4 December 2023 the European Supervisory Authorities (the “ESAs”) published their final report on updating the regulatory technical standards of the Sustainable Finance Disclosure Regulation (“SFDR Level 2”).
The...more
12/15/2023
/ Asset Management ,
Derivatives ,
Disclosure Requirements ,
EU ,
European Commission ,
European Supervisory Authorities (ESAs) ,
Financial Regulatory Reform ,
Greenhouse Gas Emissions ,
Investors ,
Paris Agreement ,
SFDR ,
Sustainable Finance ,
Taxonomy
The Transition Plan Taskforce Disclosure Framework (the “TPT Framework”) published on 9 October 2023 has been publicly welcomed by the UK’s Financial Conduct Authority (the “FCA”). For UK asset managers and portfolio...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
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
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
It’s a pattern we often see in boom-and-bust cycles—disputes rising in the period after a wave crests. SPAC deal volume hit an unprecedented high in 2021, but then slowed down in 2022 alongside IPOs. However, the fallout from...more
The SEC’s Enforcement Division is conducting a sweep investigation of large investment advisers regarding their employees’ use of “off-channel” communications. The sweep, which has been widely reported in the press, focuses...more
4/25/2023
/ Asset Management ,
Breach of Duty ,
Compliance ,
Enforcement Actions ,
Fiduciary Duty ,
Investigations ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Private Funds ,
Recordkeeping Requirements ,
Securities and Exchange Commission (SEC)
Crypto firm bankruptcies and resulting disruption in the crypto ecosystem will continue to exacerbate liquidity and regulatory concerns in this space. Signs of contagion are evident as prices of almost every cryptocurrency...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
Key developments in April 2022:
29 April -
The Financial Stability Board (“FSB”) published for consultation an interim report that recommends measures to assist supervisory and regulatory authorities in developing...more
5/6/2022
/ Asset Management ,
CRD IV Directive ,
EU ,
European Central Bank ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Financial Regulatory Reform ,
Financial Services Industry ,
FSB ,
Investment Funds ,
Libor ,
Private Funds ,
Prudential Regulation Authority (PRA) ,
UK
The fund and asset management industry has been more focused on environmental, social and governance (“ESG”) issues in the last two years than it has been in, perhaps, the last decade....more
1/21/2022
/ Asset Management ,
Business Plans ,
Business Strategies ,
Capital Investments ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
Fund Managers ,
Institutional Investors ,
Investment Funds ,
Investment Management ,
Publicly-Traded Companies ,
SFDR ,
Sustainability ,
UK
On 25 November 2021, the European Commission (the “Commission”) published a legislative proposal with targeted amendments to Directive 2011/61/EU (“the “AIFMD”) and (to a certain extent) the UCITS Directive (“AIFMD...more
11/29/2021
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Capital Markets ,
Capital Markets Union ,
EU ,
Investment Funds ,
National Private Placement Regimes (NPPR) ,
Proposed Legislation ,
Regulatory Agenda ,
UCITS
Yesterday, the UK Financial Conduct Authority (“FCA”) published a discussion paper (DP21/4) (the “Discussion Paper”) seeking initial views on new sustainability disclosure requirements for asset managers and FCA-regulated...more
A new European regime on sustainability-related disclosures in the financial sector will come into force from March 2021, after first being announced in 2018 during the European Commission’s Action Plan on Sustainable...more
9/18/2020
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Alternative Investment Funds ,
Asset Management ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
European Economic Area (EEA) ,
Mergers ,
MiFID II ,
National Private Placement Regimes (NPPR) ,
Securities and Exchange Commission (SEC) ,
SFDR ,
UCITS ,
UK Brexit