News & Analysis as of

Food Safety Modernization Act United Kingdom

The Food Safety Modernization Act is a United States federal statute enacted in 2011 to ensure the safety of the U.S. food supply and prevent food contamination. The main features of the FSMA include expanding... more +
The Food Safety Modernization Act is a United States federal statute enacted in 2011 to ensure the safety of the U.S. food supply and prevent food contamination. The main features of the FSMA include expanding the FDA's inspection of food processing facilities and imported food products, requiring all food processors, manufactures and handlers to register with HHS and maintain food safety records, and shifting the government's focus away from responding to food contamination and towards preventing food contamination.  less -

Key Regulatory Topics: Weekly Update - 22 December 2017 – 4 January 2018

by Allen & Overy LLP on

BREXIT - FMLC paper on Brexit and impact of WTO rules on financial services - On 22 December 2017, the FMLC published a paper on the potential impact of Brexit and WTO rules on financial services. The paper focuses on...more

Consumer credit – walking the regulatory tightrope

by White & Case LLP on

Subprime and near prime lending have been subject to intense regulatory scrutiny during the aftermath of the financial crisis. The global economic crisis that took hold in 2007 has largely been attributed to the widespread...more

UK Central Securities Depositaries Regulations 2017 Published

by Shearman & Sterling LLP on

HM Treasury has published the Central Securities Depositories Regulations 2017, together with an explanatory memorandum. The Regulations implement, in part, certain Articles of the EU Central Securities Depositaries...more

Senior Managers and Certification Regime 2018 Extension: FCA Consults

by Morgan Lewis on

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

LIBOR – FCA consults on additional powers to compel banks to make LIBOR submissions

by Dentons on

In June 2017, the FCA published a consultation paper (CP17/5) on its proposed approach to its powers to compel contributions to the London Interbank Offered Rate (LIBOR)....more

Financial Services Quarterly Report - Second Quarter 2017: A New Lease of Life for Limited Partnerships in the UK

by Dechert LLP on

The UK has introduced legislative changes that could reinvigorate the use of partnerships for private funds in the UK. The Legislative Reform (Private Fund Limited Partnerships) Order 20171 (Order), which introduces the...more

UK: FCA consults on its approach to reviewing Part VII transfers of insurance business

by Hogan Lovells on

On Monday 15 May 2017 the Financial Conduct Authority (FCA) published a consultation paper on new proposed guidance on its approach to reviewing applications to transfer insurance business under Part VII of the Financial...more

Judicial review of Financial Ombudsman decisions – Wednesbury unreasonableness

by Allen & Overy LLP on

In R (on the application of Aviva Life & Pensions (UK) Ltd) v Financial Ombudsman Service & ors [2017] EWHC 352 (Admin), the Administrative Court held that a decision of the Financial Ombudsman that an insurer’s avoidance of...more

UK HM Treasury Publishes Updated Special Resolution Regime Code of Practice

by Shearman & Sterling LLP on

HM Treasury has published a revised"Banking Act 2009 Special Resolution Regime Code of Practice". The Code aims to encourage financial stability by resolving institutions such as banks, building societies and certain...more

Investment Funds Updatea: Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

by Dechert LLP on

FCA Publishes Dealing Commission Review Findings - The FCA have published their findings from a review that analysed dealing commission expenditure across 31 investment managers. The policy statement on the use of...more

Limited Partnership Reform – Streamlining the Existing UK Limited Partnership Regime for Private Funds

by Proskauer Rose LLP on

On 6 April 2017, changes to the law governing UK limited partnerships will come into effect through the Legislative Reform (Private Fund Limited Partnerships) Order 2017 (the "LRO"). The changes introduce the new concept of a...more

Regulation Round Up - March 2017

by Proskauer Rose LLP on

Key developments in March 2017: 1 March - The FCA published its Consultation Paper on "Reforming the availability of information in the UK equity IPO process" (CP17/5). The CP proposes a package of policy measures...more

Deadline Looms for Regulated Firms to Vary Their Permissions to Comply With MiFID II

by Shearman & Sterling LLP on

MiFID II comes into effect on 3 January 2018 and brings with it several important changes for regulated firms. Among these changes is an extension of the list of investment services and activities which firms require...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

by Dechert LLP on

UK Supreme Court Rules UK Parliament Must Approve Brexit Notice to EU - Under Article 50 of the EU Treaty, the process for the UK to leave the EU is commenced by service of a notice on the European Council, which starts...more

UK Regulations: Urgent Action Required from Loan-based Crowdfunding Platforms

by Morrison & Foerster LLP on

The UK’s Financial Conduct Authority (“FCA”) published a “Dear CEO” letter on 28 February 2017 that requires urgent action from firms which operate a loan-based crowdfunding platform that facilitates loans to lending...more

UK Definition of "Financial Advice" Set to Change from 2018

by Shearman & Sterling LLP on

HM Treasury published its response to its late 2016 consultation on amending the definition of regulated advice under the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 to bring it in line with the...more

Funds Bulletin - February 2017

by Hogan Lovells on

Funds Bulletin (a monthly round-up of topical legal, regulatory and tax issues affecting the fund industry). Features our summary of the FSCP's position paper on the impact of Brexit on financial services consumers, as well...more

Regulation Round Up - February 2017

by Proskauer Rose LLP on

The FCA and PRA announced changes to enforcement process with the aim of strengthening the transparency and effectiveness of enforcement decision-making processes. Some of the changes have already come into force, the rest...more

Corporate and Financial Weekly Digest - Volume XII, Issue 8

EU and Prudential Regulators Issue Statements on March 1 Compliance With Swap Margin Rules - Lacking the ability to issue formal no-action relief from strict compliance with the variation margin rules for uncleared swaps...more

FCA v Macris

by DLA Piper on

The Supreme Court is soon expected to publish its judgment in the case of FCA v Macris (Macris), the appeal having been heard back in October 2016. The judgment could have a significant impact on the way in which the...more

Financial Conduct Authority probes competition in the mortgage sector

by Bryan Cave on

On 12th December 2016 the Financial Conduct Authority (the “FCA”) launched a market study into the residential mortgage market to ascertain whether competition in that market is working as well as it could and to identify...more

UK Prudential Regulation Authority Publishes its Final Approach to Implementing the Systemic Risk Buffer

by Shearman & Sterling LLP on

The Prudential Regulation Authority published a Statement of Policy setting out its approach to the implementation of the systemic risk buffer. The SRB is used to prevent and mitigate long term non-cyclical macro-prudential...more

FCA sanctions bank and its MLRO for anti-money laundering systems failings

by Allen & Overy LLP on

In this decision report we review the FCA’s action against Sonali Bank (UK) Ltd (Sonali Bank) and its money laundering reporting officer (MLRO), Steven Smith, in connection with failings identified in relation to Sonali...more

Financial Regulatory Developments Focus - November 2016

by Shearman & Sterling LLP on

In this newsletter, we provide a snapshot of the principal US, European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset managers and...more

FCA fines and makes restriction order against investor for market abuse

by Allen & Overy LLP on

In this decision report we review the FCA's final notice issued to Gavin Duncan Paul Breeze on 15 July 2016. Mr Breeze was an investor in, and a former non-executive director (NED) of, a mobile payment software...more

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