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UK’s Financial Conduct Authority Publishes Business Plan

The UK’s Financial Conduct Authority ("FCA") has published its 2024/25 business plan, setting out its priorities for the next 12 months. Against a backdrop of 13 public commitments focusing on: reducing and preventing...more

Liquidity Management, Loan Origination and Credit Funds under AIFMD II

I. Background and Scope - On 7 February 2024, the European Union adopted a final text amending the AIFMD and UCITS directives (AIFMD II). This memo considers what are entirely novel requirements attaching to liquidity...more

The UK’s Banking Regulator Reports on Its Review of the Ring-Fencing Regime

The UK’s Prudential Regulation Authority (“PRA”) has reported on the conclusions of a review of its ring-fencing rules conducted during the course of 2023.  While the report concludes that most rules are ‘performing...more

The EU Adopts a Directive Amending MiFID II and MiFIR on Data Transparency, the Consolidated Tape and Payment for Order Flow

The Council of the European Union has confirmed that it has adopted changes to EU trading rules in the Markets in Financial Instruments Regulation (“MiFIR”) and the Markets in Financial Instruments Directive (“MiFID II”)...more

The UK Markets Regulator Warns About ‘Flying’ and ‘Printing’

In edition 76 of Market Watch, its newsletter on market conduct and transaction reporting issues, the UK’s Financial Conduct Authority ("FCA") has shared its observations and issued some warnings about the risk of harms...more

The UK’s Banking Regulator Sets Out 2024 Priorities

Rebecca Jackson, Executive Director, Authorisations, Regulatory Technology, and International Supervision at the Prudential Regulation Authority ("PRA") has written to international banks on the PRA’s thematic supervision...more

Lessons to Be Learned From 2023's Bank Failures

In scale and scope, 2023 saw the most significant systemwide banking stress since the 2008 global financial crisis. The collapse of four regional and global banks coupled with significant rises in interest rates, inflation...more

Hot Topics for 2024

Here are some of our key focus items across Europe and the UK as we enter a New Year.  There are, of course, others, but these represent the most important themes – a regulatory focus on the non-bank credit market, risk...more

The UK’s Banking Regulator Consults on the First Draft of Final Rules for Aspects of Basel 3.1

The Prudential Regulation Authority ("PRA") has published its near-final policy statement (the "PS") setting out feedback to seven chapters of its consultation paper 16/22 (CP16/22) on implementation of the final elements of...more

The UK’s FCA Consults on Changes to Allow Recognition of Overseas Funds

The UK’s Financial Conduct Authority (“FCA”) is consulting on changes to its rules to allow funds domiciled outside the UK to market to UK retail customers....more

The UK’s FCA Shares Observations on ‘Market Soundings’

The UK’s Financial Conduct Authority ("FCA") has devoted issue 75 of Market Watch (a newsletter on market conduct and transaction reporting issues) to share observations on practices around ‘market soundings’....more

The UK’s Chief Banking Regulator Talks About Lessons Learnt About Managing Bank Failures

In a speech published on 16 October, Sam Woods the Deputy Governor for Prudential Regulation and CEO of the Prudential Regulation Authority (“PRA”) discussed this year’s banking failures, the lessons learnt and priorities...more

The Basel Committee and the Financial Stability Board Publish Reports on Lessons Learned From Recent Bank Failures

The Financial Stability Board (“FSB”) has published its report on 2023 Bank Failures: Preliminary lessons learnt for resolution which follows on from the report from the Basel Committee on Banking Supervision (“BCBS”) on the...more

The UK Consults on Clarification of the Requirements for Capitalisation of FX positions

The UK’s Prudential Regulation Authority (“PRA”) has published a consultation paper on the ‘Capitalisation of foreign exchange positions for market risk’ (CP17/23). CP17/23 proposes changes to implement upcoming Basel 3.1...more

UK Consults on Proposals to Boost Diversity and Inclusion in Regulated Firms

The UK’s Financial Conduct Authority and Prudential Regulation Authority have released a joint consultation on new regulatory framework on diversity and inclusion. This article focuses on the FCA’s Consultation Paper CP23/20....more

IOSCO Consults on Good Practices for Leveraged Loans and CLOs

The International Organisation of Securities Commissions, or IOSCO, has published a Consultation Report on good practices for consideration in relation to leveraged loans and CLOs....more

The UK Introduces Repayment Concessions for Residential Mortgages

In June of this year, the UK’s Financial Conduct Authority (“FCA”) introduced rules to allow mortgage lenders to more easily vary contracts in order to allow borrowers to make reduced capital payments or switch to an...more

Changes to Trading Rules Now Effective Under New Financial Services and Markets Act 2023

The Financial Services and Markets Act 2023 (“FSMA 2023”) became law on 29 June 2023, with its principal objective stated in Section 1 being the revocation and replacement of EU laws that were retained and on-shored into the...more

UK Rules on Margin Requirements for Non-Centrally Cleared Derivatives

In Consultation Paper 13/23 (CP 13/23), the UK’s Prudential Regulation Authority (“PRA”) sets out its “Margin requirements for non-centrally cleared derivatives: Amendments to BTS 2016/2251.”...more

The UK Consults on New Securitisation Rules

The Prudential Regulation Authority (“PRA”) has published Consultation Paper 15/23 – Securitisation: General requirements (“CP 15/23”) setting out its proposed rules to replace retained EU law requirements on...more

The UK’s Regulator Writes to Asset Managers about Liquidity Management

Alongside work being done internationally on liquidity management by the Financial Stability Board and IOSCO, the UK’s Financial Conduct Authority (“FCA”) has written to the Chief Executives of authorised asset management...more

The UK and Europe Introduce New Securitisation Rules

The UK and Europe have released a number of updated requirements for securitisations that, while not effecting material changes, are notable in their scope and number. Below, we give a brief guide to these changes and their...more

The UK Proposes Changes to Short Selling Regime

The UK Government has published its response to a call for evidence for a review of the Short Selling Regulation. The review was initiated as part of the UK’s aim to deliver a “Smarter Regulatory Framework” for financial...more

The EU and the UK Enter into a Memorandum of Understanding on Regulatory Cooperation

In a process that began in December 2020 with a Joint Declaration on Financial Services Regulatory Cooperation, on 27 June 2023 the UK and the EU signed a Memorandum of Understanding establishing a framework for financial...more

The European Banking Authority’s Guidelines on Resolvability

The European Banking Authority (“EBA”) has published its final report on amendments to its guidelines on improving resolvability under the Bank Recovery and Resolution Directive (2014/59/EU) (BRRD)....more

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