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UK Statutory Instrument Published to Bring Cryptoassets Within Financial Promotions Regime

On 7 June 2023, the U.K. government published a statutory instrument (the Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2023 (FP (Amendment) Order) and related explanatory memorandum)...more

Proposed Policy Recommendations for Crypto and Digital Asset Markets

On May 23, 2023, the International Organisation of Securities Commissions launched a consultation on proposed policy recommendations for crypto and digital asset markets. IOSCO is proposing that the final recommendations,...more

UNIDROIT Publishes Principles on Digital Assets and Private Law

On May 18, 2023, the International Institute for the Unification of Private Law (UNIDROIT), the intergovernmental organization for modernizing and coordinating private law, published a set of draft Principles on Digital...more

Proposed EU Regulation on Markets in Crypto-Assets Approved by European Parliament

On April 20, 2023, the agreed text of the proposed European Markets in Crypto-Assets Regulation was given final approval by the European Parliament. The Regulation is intended to improve legal certainty in the regulatory...more

EU Travel Rule for Crypto-Assets Set to Apply from January 2025

On April 20, 2023, the European Parliament announced that it had formally endorsed the draft Regulation on information accompanying transfers of funds and crypto assets (referred to here as the EU Travel Rule Regulation). The...more

UK Proposals for Cryptoasset Regulation

The U.K. government has published its much-anticipated proposals for regulating the cryptoasset industry. These proposals, currently in the form of a consultation, will see many (but not all) cryptoasset-related activities...more

Bank of England Publishes Consultation Paper on Digital Pound

The Bank of England has published a joint consultation paper with HM Treasury on the possibility of a digital pound in the U.K. It is envisaged that the digital pound would be a retail central bank digital currency, to be...more

UK Government Publishes Edinburgh Reforms for Financial Services

The U.K. Government announced on 9 December 2022 a series of initiatives, billed as the Edinburgh Reforms, to reform the laws for the U.K. financial services sector. In this note, we consider these reforms in detail and what...more

UK Financial Conduct Authority Consults on Regulatory Perimeter Guidance for Trading Venues

The U.K. Financial Conduct Authority has published a consultation paper on proposed guidance on the regulatory perimeter for multilateral trading facilities and on possible future changes to smaller trading venues' regulatory...more

Crypto-Asset Market Turmoil: Financial Stability Board Issues Statement

The Financial Stability Board has issued a statement on international regulation and supervision of crypto-asset activities. The statement is made in light of the crypto-asset market turmoil. The statement warns crypto-asset...more

EU Consultation on Guidelines for Applications to Operate DLT Market Infrastructures under the EU Pilot Regime

The European Securities and Markets Authority has launched a consultation on proposed guidelines on standard forms, formats and templates to apply for permission to operate distributed ledger technology for market...more

Basel Committee on Banking Supervision Consults Further on Capital Requirements for Banks' Exposures to Crypto-Assets

Following its consultation last year, the Basel Committee on Banking Supervision has launched a second consultation on bank prudential requirements for exposures to crypto-assets. The first consultation set out a preliminary...more

UK Regulators Propose Requirements for Critical Third Parties' Services to UK Regulated Firms

The Bank of England, Prudential Regulation Authority and Financial Conduct Authority (together, the supervisory authorities) have published a discussion paper proposing measures to supervise and enhance the resilience of...more

UK Conduct Regulator Publishes Policy Statement on Improvements to Appointed Representatives Regime

The U.K. Financial Conduct Authority has published a Policy Statement and final rules on improvements to the Appointed Representatives regime. The AR regime allows authorized firms to appoint representatives to conduct...more

UK Proposals for Regulating Systemic Payment Activities

HM Treasury has opened a consultation on payments regulation and the systemic perimeter.  The consultation arose out of the Payments Landscape Review and the government’s commitment to consult on bringing systemically...more

HM Treasury Publishes Inquiry Into Crypto-Assets

HM Treasury has launched an inquiry into the role of crypto-assets in the U.K. and their regulatory framework. The inquiry poses questions on a range of subjects, including the likelihood of digital currencies (e.g.,...more

UK Law Commission Consults on Law Reforms for Digital Assets

Following the Call for Evidence on digital assets in 2021, the U.K. Law Commission has issued a consultation on proposals to reform the law of England and Wales to recognize and protect the rights of users of digital assets....more

Stricter UK Financial Promotion Rules Going Ahead

The U.K. Financial Conduct Authority has published its final Policy Statement and Rules on financial promotions of high-risk investments and firms approving financial promotions. Many of these changes address or build upon...more

UK Jurisdiction Taskforce Publishes Consultation on Transfer of Digital Assets

The U.K. Jurisdiction Taskforce has published a consultation on the issuance and transfer of "digital securities" under English law. Digital securities are shares, bonds and other debt securities which are constituted by...more

UK Treasury Committee Makes Recommendation for Future Regulatory Framework Review

The House of Commons Treasury Committee has published a report on the Future of Financial Services Regulation setting out its view on the priorities for regulatory change in the U.K. now that the U.K. has left the EU. The...more

EU Distributed Ledger Technology Pilot Regime Published

The EU has published in the Official Journal of the European Union its Regulation on a pilot regime for market infrastructures based on distributed ledger technology. The pilot regime will permit certain DLT market...more

Government Details Proposed Financial Services and Markets Bill

Following the Queen's speech yesterday, the government has published a briefing pack setting out details of the bills that it intends to introduce, including the so-called Brexit Freedoms Bill as well as key legislation...more

European Banking Authority Publishes Report on Non-Bank Lending Sector

The European Banking Authority has published a report on the EU non-bank lending sector i.e., the growing number of financial intermediaries operating outside the EU financial services regulatory perimeter, including BigTech...more

Financial Stability Board Publishes 2022 Work Priorities

The Financial Stability Board has published a letter to G20 Finance Ministers and Central Bank Governors outlining its work priorities for 2022, which are...more

Financial Stability Board Publishes Report on Risks to Financial Stability from Crypto-Assets

The Financial Stability Board has published a report on the risks that crypto-assets pose to global financial stability. The FSB observes that the crypto-assets market is growing rapidly and could reach a point where it poses...more

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