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 14 December 2023, there was an initial agreement by the EU Parliament and the EU Council on the final text of the Corporate Sustainability Due Diligence Directive (“CSDDD”).
CSDDD is a significant and impactful piece...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
Welcome to the UK Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation.
...more
12/5/2023
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Artificial Intelligence ,
Basel Committee on Banking Supervision (BCBS) ,
Capital Requirements Regulation (CRR) ,
Cryptoassets ,
EMIR ,
Environmental Social & Governance (ESG) ,
European Banking Authority (EBA) ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Financial Markets ,
Greenwashing ,
Infrastructure ,
Investment Firms ,
MiFID ,
MiFID II ,
Over The Counter Derivatives (OTC) ,
Packaged Retail And Insurance-Based Investment Products (PRIIPS) ,
Regulatory Agenda ,
Short Selling ,
Tokenization ,
UCITS ,
UK
On 27 November 2023, the United Kingdom’s Financial Conduct Authority (“FCA”) published its final report (the “Report”) on its multi-firm review into firms’ progress in implementing the internal capital adequacy and risk...more
On 28 November 2023, the long-awaited UK regime for the labelling, marketing and disclosure of sustainable funds (Sustainability Disclosure Requirements or “SDR”) has been published in the Financial Conduct Authority’s...more
11/29/2023
/ AIFM ,
Disclosure Requirements ,
Financial Conduct Authority (FCA) ,
Greenwashing ,
Investment ,
Labeling ,
Marketing ,
Reporting Requirements ,
SFDR ,
Stewardship Code ,
Sustainability ,
UK
On 22 November 2023, the European Securities and Markets Authority (“ESMA”) published three aides to stakeholders to support with navigating three areas of the European Union’s (“EU”) sustainable finance regulation: ...more
Fund Tokenisation: The Financial Conduct Authority (“FCA”) published a press release announcing that it has joined the Monetary Authority of Singapore’s Project Guardian, a collaborative initiative with the financial industry...more
11/7/2023
/ Artificial Intelligence ,
Asset Tokens ,
Capital Requirements ,
Cryptoassets ,
Environmental Social & Governance (ESG) ,
EU ,
EURIBOR ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Handbooks ,
Machine Learning ,
Market Abuse ,
MiFID II ,
MiFIR ,
New Regulations ,
Packaged Retail And Insurance-Based Investment Products (PRIIPS) ,
Prudential Regulation Authority (PRA) ,
Securities ,
Task Force on Climate-related Financial Disclosures (TCFD) ,
UK
Background -
On 26 October 2023, the United Kingdom (“UK”) Economic Crime and Corporate Transparency Act (the “Act”) received Royal Assent.
The Act aims to reform Companies House and increase the transparency of UK...more
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
Welcome to the UK Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation....more
10/12/2023
/ Alternative Investment Fund Managers Directive (AIFMD) ,
AML/CFT ,
Capital Requirements Regulation (CRR) ,
Cryptoassets ,
Decentralized Finance (DeFi) ,
Environmental Social & Governance (ESG) ,
EU ,
European Banking Authority (EBA) ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Financial Promotions ,
Financial Regulatory Agencies ,
FSMA ,
IMF ,
Implementing Technical Standards (ITS) ,
Libor ,
Mergers ,
Prudential Regulation Authority (PRA) ,
SFDR ,
UCITS ,
UK
The annual report of the European Supervisory Authorities (the “ESAs”) on the extent of voluntary disclosure of principal adverse impacts (“PAIs”) under the Sustainable Finance Disclosure Regulation (“SFDR”) was published on...more
10/3/2023
/ Anti-Corruption ,
Disclosure Requirements ,
Due Diligence ,
EU ,
European Commission ,
European Supervisory Authorities (ESAs) ,
Financial Products ,
Human Rights ,
Investment ,
National Competent Authorities (NCA) ,
SFDR ,
Sustainability
On 25 September 2023, the UK’s Financial Conduct Authority (the “FCA”) published a consultation paper on the introduction of measures to improve diversity and inclusion (“D&I”) in the financial services sector, including the...more
The European Commission has published two consultation papers that seek views on the fundamental features and effectiveness of the Sustainable Finance Disclosure Regulation (SFDR). The purpose of both the targeted and the...more
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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On November 4, 2022, compliance with amended Rule 206(4)-1 (the “Marketing Rule”) became mandatory for all investment advisers registered with the Securities and Exchange Commission (the “SEC”). Seven months since the...more