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ESMA Issues Guidance on AI in Retail Financial Services as EU AI Act Takes Effect

The European Securities and Markets Authority (ESMA) recently published its first formal guidance on the use of artificial intelligence (AI) in the provision of retail investment services. The guidance outlines AI’s potential...more

AIFMD II Enters into Force: Key Changes to EU Fund Regime

After several years of negotiations between the European Commission, European Council, and European Parliament following the publication of the initial draft proposal in November 2021, AIFMD II was published in the Official...more

UK Sustainability Disclosure Requirements and Investment Labels Regime to Launch in Coming Months

The new UK Financial Conduct Authority (FCA) sustainability disclosure requirements (SDR) and investment labels regime for managers of funds launches in July 2024, with a phased application through to December 2026. The SDR...more

The Trends—and Traps—that Will Shape 2023

The last few years have thrown many surprises at businesses. Organizations across all sectors have faced inflation, global conflicts, supply chain challenges, a pandemic, and continually changing government policies. In 2023,...more

UK Asset Managers: FCA Proposes New Sustainability Disclosure and Labelling Requirements

The UK Financial Conduct Authority (FCA) recently published its consultation paper, CP22/20, on the use of Sustainability Disclosure Requirements (SDR) and investment labelling. The consultation paper proposes rules to help...more

UK Government to Modify Default Fund Charge Cap for Defined Contribution

Kwasi Kwarteng, the Chancellor of the Exchequer of the new UK government led by Prime Minister Liz Truss, presented his “Growth Plan 2022” to Parliament last Friday 23 September 2022. The Growth Plan 2022 outlines the UK...more

UK Commodity Derivatives Regime: FCA Not Enforcing Position Limits as HM Treasury Consults on Changes

The UK Financial Conduct Authority (FCA) announced on July 9 that, while changes to the scope of the UK commodity position limits regime are being consulted on, it will not take enforcement action against firms that breach...more

SM&CR and COVID-19: UK Regulators’ Expectations

The UK Financial Conduct Authority and Prudential Regulation Authority have published statements setting out their expectations of dual-regulated and solo-regulated firms on their senior managers and certification regime...more

Coronavirus (COVID-19): UK FCA Helps Firms Identify Key Financial Services Employees

While offering guidance on which financial services workers could be considered essential, the UK Financial Conduct Authority says that firms themselves are best placed to make those decisions. ...more

Implications of COVID-19 for Institutional Investors

The spread of the coronavirus (COVID-19) continues to impact global financial markets and private funds. Institutional investors, funds-of-funds, family offices, and other investors in private funds should consider the...more

ESMA Publishes Advice on How Fund Managers and Investment Firms Should Integrate Sustainability Risks and Factors into Their...

The European Commission (the Commission) has made sustainable finance an express initiative within its overall plans to strengthen capital markets in the European Union. In July 2018, the Commission sought advice from the...more

UK Financial Conduct Authority Publishes Final Rules on Extending SMCR to Solo Regulated Firms

Following its consultation earlier this year, the UK Financial Conduct Authority has now published a policy statement setting out its final rules for extending the Senior Managers and Certification Regime to solo-regulated...more

UK Regulators Continue Focus on Cultural Accountability, Diversity in Financial Services Sector

In a global environment of heightened regulatory accountability and scrutiny, the Bank of England, Financial Stability Board, and Financial Conduct Authority have signalled their continued interest in promoting the need for...more

EMIR 2.1 Takes Effect Imminently: Implications for EU and Non-EU Asset Managers and Funds

Following an assessment by the European Commission (the Commission) of how the European Market Infrastructure Regulation (EMIR) has been working since it entered into force on 16 August 2012 and the phasing in of its various...more

FCA Issues Final Guidance on Key Issues Ahead of SMCR Extension

The Financial Conduct Authority (FCA) has recently published its final guidance on statements of responsibilities, responsibilities maps, and its policy statement on the new FCA directory for financial services workers, ahead...more

European Commission Issues Proposals on Sustainability for Financial Services Firms

The proposals pave the way for the integration of environmental, social, and governance considerations into the day-to-day thinking of financial services firms....more

UK Cryptoassets Taskforce Issues Report on Challenges Posed by Cryptoassets

In a report issued by the UK Cryptoassets Taskforce, authorities break down the key concepts of cryptoassets; consider application of the current regulatory perimeter to different cryptoassets; and discuss the impact, risks,...more

SMCR: FCA Proposes Guidance on the Statement of Responsibilities

The Financial Conduct Authority (FCA) proposed guidance on 11 October 2018 for formulating a Statement of Responsibilities for Senior Managers, ahead of the extension of the Senior Managers and Certification Regime (SMCR) to...more

SMCR Extension: FCA Publishes ‘Near Final’ Rules, Sets Implementation Date

The Financial Conduct Authority and Prudential Regulation Authority published policy statements on 4 July on the extended Senior Managers and Certification Regime, setting out near final rules for solo-regulated firms and...more

Financial Stability Board Consults on Compensation Data Reporting to Address Misconduct Risk

As part of its 2015 workplan to reduce misconduct risk in financial institutions, the Financial Stability Board is consulting on recommendations for data reporting on the use of compensation tools to address misconduct risk....more

Are You KID-ing New EU Rules Require Information Documents to Be Supplied to Retail Investors

The EU regulation on key information documents (KIDs) for packaged retail and insurance-based products (PRIIPs) took direct effect in the European Union on 1 January 2018. This LawFlash outlines at a high level the...more

Outsourcing and Delegation – EU Commission Proposes Powers of Intervention

Aware of the risks of regulatory arbitrage developing post-Brexit, a key feature of the Commission’s proposals allows ESAs to monitor the practices of EU27 regulators....more

Senior Managers and Certification Regime 2018 Extension: FCA Consults

The Financial Conduct Authority has published a Consultation Paper containing its proposals to expand the Senior Managers and Certification Regime to all FSMA-authorised firms; the window for providing comments to the FCA...more

UK Meets Its Obligation to Transpose MiFID II into UK Law on Time

Brexit notwithstanding, the United Kingdom implemented MiFID II locally, on time; however, FCA deferred the opportunity to assist industry by clarifying the implications of the new research payment regime for global asset...more

Brexit Update: ESMA Issues Brexit Opinion to EU Regulators

The European Securities and Markets Authority foresees regulatory and arbitrage risks in Brexit and has issued an opinion as a practical tool to help achieve supervisory convergence among EU regulators—Brexit negotiations...more

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