Marketing will now expressly fall within the scope of delegation under AIFMD 2.0, to the extent that it is carried out on behalf of the alternative investment fund manager (AIFM). AIFMD 2.0 clarifies that only distributors...more
10/21/2024
/ AIFM ,
AIFs ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Compliance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
European Securities and Markets Authority (ESMA) ,
FATF ,
Investment ,
Marketing ,
MiFID ,
National Competent Authorities (NCA) ,
Reporting Requirements ,
UCITS ,
UK
The definition of a “cryptoasset” is unchanged from the February Consultation.
The cryptoasset activities that will come into scope of the new regime are unchanged from those in the February Consultation, with amendments...more
11/13/2023
/ AML/CFT ,
Cryptoassets ,
Disclosure Requirements ,
Due Diligence ,
EU ,
Financial Conduct Authority (FCA) ,
FSMA ,
Investment Adviser ,
Investment Management ,
Liability ,
Market Abuse ,
Regulatory Agenda ,
SFTR ,
UK
The European Council (Council) and the European Parliament (Parliament) announced on 30 June 2022 that they had reached a provisional agreement on the proposal for regulation on markets in cryptoassets (MiCA). The text of...more
10/6/2023
/ Cross-Border ,
Cryptoassets ,
Disclosure Requirements ,
E-money tokens ,
European Banking Authority (EBA) ,
European Council ,
European Parliament ,
European Securities and Markets Authority (ESMA) ,
Financial Instruments ,
Financial Services Industry ,
MiFID ,
Public Disclosure ,
Recordkeeping Requirements ,
Sustainability ,
Transparency ,
UK ,
Utility Tokens
The United Kingdom HM Treasury (“HMT”) on 1 February 2023 launched its first consultation on the future regulatory regime for cryptoassets (the “Cryptoassets Consultation”). At the same time, it also published a response to...more
2/13/2023
/ Consumer Protection Laws ,
Cryptoassets ,
Data Reporting ,
Disclosure Requirements ,
Due Diligence ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Services and Markets Act ,
Initial Coin Offering (ICOs) ,
Investment Management ,
Investors ,
Market Abuse ,
Trading Platforms ,
UK ,
Valuation
After some delay, the United Kingdom’s financial services regulator, the Financial Conduct Authority (the “FCA”) has published Consultation Paper CP 22/20 (Sustainability Disclosure Requirements (“SDR”) and investment labels)...more
11/18/2022
/ AIFM ,
Alternative Investment Funds ,
Climate Change ,
Disclosure Requirements ,
Distributors ,
Environmental Social & Governance (ESG) ,
Financial Conduct Authority (FCA) ,
Greenwashing ,
Investment ,
Labeling ,
Marketing ,
Retail Investors ,
SFDR ,
Sustainability ,
UCITS ,
UK
This latest edition of the regulatory initiatives paper sets out at a high level the core regulatory issues that are likely to impact private fund managers in the coming months, including an overview of the key actions needed...more
9/22/2022
/ Alternative Reference Rates Committee (ARRC) ,
AML/CFT ,
Anti-Money Laundering ,
Beneficial Owner ,
CFTC ,
China ,
Climate Change ,
Commission Delegated Regulation ,
Coronavirus/COVID-19 ,
Cryptoassets ,
Custody Rule ,
Cybersecurity ,
Digital Currency ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
Economic Sanctions ,
ELTIF ,
Environmental Social & Governance (ESG) ,
EONIA ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
European Supervisory Authorities (ESAs) ,
Financial Conduct Authority (FCA) ,
Financial Markets ,
Financial Services Act ,
Form PF ,
FSOC ,
Fund Managers ,
Hedge Funds ,
Hong Kong ,
ICE Benchmark Administration (IBA) ,
Investors ,
Libor ,
MiFID ,
MiFID II ,
Non-Fungible Tokens (NFTs) ,
Private Funds ,
Proposed Amendments ,
Regulatory Standards ,
REIT ,
Rulemaking Process ,
Russia ,
Secured Overnight Funding Rate (SOFR) ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
SFDR ,
Supply Chain ,
Temporary Permissions Regime (TPR) ,
UCITS ,
UK ,
UK Brexit ,
Ukraine
As set out in our earlier OnPoint, “Is Brexit Green?”, the UK has adopted a different approach to regulating ESG in the asset management sector compared to the EU by not “on-shoring” the EU’s Sustainable Finance Disclosure...more
4/4/2022
/ Asset Management ,
Climate Change ,
Consultation Papers ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Investment Management ,
Policy Statement ,
Regulatory Requirements ,
SFDR ,
Task Force on Climate-related Financial Disclosures (TCFD) ,
UK
In a letter dated 25 November 2021, the European Commission’s Director-General for Financial Stability, Financial Services and Capital Markets Union (the Director-General) confirmed that the date of application of the...more
Tackling climate change is not a new initiative in the UK. Indeed, the UK was one of the first countries worldwide to endorse the recommendations of the Task Force for Climate-related Financial Disclosures (TCFD) – aimed at...more
12/3/2020
/ Asset Management ,
Climate Change ,
Corporate Counsel ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Financial Statements ,
Green Finance ,
UK ,
UK Brexit
Whilst to date no formal announcement has been made by the European Commission, in a letter to two trade associations (the German Bundesverband Investment und Asset Management (BVI) and the Italian Assogestioni) the...more
The draft regulatory technical standards (RTS) set out detailed information relating to the content, methodology and presentation of certain environmental, social, and governance (ESG) disclosures required under the EU...more
5/29/2020
/ Consultation Papers ,
Disclosure Requirements ,
Draft Implementation Regulations ,
Environmental Social & Governance (ESG) ,
EU ,
European Supervisory Authorities (ESAs) ,
Financial Services Industry ,
Popular ,
Regulation Technical Standards (RTS) ,
SFDR ,
Sustainable Finance
On 6 March 2020, the Financial Conduct Authority (“FCA”) launched a consultation paper outlining new climate-related disclosure requirements for premium listed issuers and consulting on guidance on existing obligations set...more
3/21/2020
/ Climate Change ,
Consultation Periods ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Conduct Authority (FCA) ,
Proposed Rules ,
Publicly-Traded Companies ,
Sustainability ,
Task Force on Climate-related Financial Disclosures (TCFD) ,
UK