In November 2020, the UK government published “Roadmap” setting out its aims for mandatory climate-related disclosures across the UK economy, in a manner aligned with the recommendations of the Taskforce on Climate-related...more
The proposed disclosure rules applicable to UK investment managers have been published for comment by the UK’s Financial Conduct Authority (FCA). The rules focus on enhancing transparency on climate-related risks and align...more
The Financial Conduct Authority (FCA) has issued consultation papers introducing new mandatory climate-linked disclosure requirements. The proposals are consistent with the “roadmap” published by the UK Government, which set...more
This special episode features “Emergence of ESG Transparency,” a webinar featuring two heads of Akin Gump’s ESG group—partners Stacey Mitchell in D.C. and Amy Kennedy in London—along with London partner Ezra Zahabi.
Among...more
The United Kingdom and the European Union have concluded technical discussions on the text of the Memorandum of Understanding (MoU) referred to in the Joint Declaration on Financial Services Regulatory Cooperation agreed...more
TCFD Mandatory Disclosures -
The UK Department for Business, Energy & Industrial Strategy (BEIS) has published a Consultation on requiring mandatory climate-related financial disclosures by large publicly quoted companies,...more
On 24 December 2020, the government of the United Kingdom (UK) and the European Union (EU) reached a Trade and Cooperation Agreement (the “Agreement”) in advance of the end of the Brexit transition period (11:00 p.m. GMT on...more
1/6/2021
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Cooperation Agreement ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Investment Adviser ,
Investment Funds ,
Investment Management ,
UCITS ,
UK ,
UK Brexit
Whether preparing or reviewing Environmental, Social, and Governance (ESG) disclosures for compliance with regulatory requirements in the EU, the United Kingdom (UK) or the United States (US), or for alignment with ESG best...more
12/30/2020
/ Climate Change ,
Corporate Governance ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Conduct Authority (FCA) ,
Popular ,
Publicly-Traded Companies ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Sustainable Finance ,
UK
In response to the unprecedented circumstances caused by the COVID-19 pandemic, the EU and the UK temporarily lowered the reporting threshold under the EU Short Selling Regulation (“EU SSR”) for net short positions in shares...more
1. New EU and UK disclosure requirements -
The new disclosure requirements for investment managers and advisers with respect to their environmental, social and corporate governance (ESG) policies will apply in the European...more
11/25/2020
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
Green Finance ,
Investment Management ,
MiFID II ,
Popular ,
SFDR ,
Shareholder Rights ,
Sustainable Finance ,
Task Force on Climate-related Financial Disclosures (TCFD) ,
UCITS ,
UK
On 30 June 2020, the Financial Conduct Authority (FCA) announced proposals designed to provide breathing room to solo-regulated firms (meaning those governed solely by the FCA) in respect of the implementation of certain...more
On 1 May 2020, the UK Financial Conduct Authority (FCA) issued a statement announcing its intention to obtain a court declaration to resolve contractual uncertainty in business interruption (BI) insurance policies. Further...more
On 24 April 2020, the Treasury Committee of the UK Parliament published its terms of reference for the next stage of its inquiry into the economic effect of COVID-19, which includes a focus on measures designed to hold the...more
On 3 April 2020, the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) (together the “Regulators”) issued statements regarding changes to the Senior Managers and Certification Regime for both dual...more
4/21/2020
/ Certifications ,
Coronavirus/COVID-19 ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Furloughs ,
Investment Firms ,
Notification Requirements ,
Prudential Regulation Authority (PRA) ,
Senior Managers ,
SMFs ,
UK
The Financial Conduct Authority (FCA) has confirmed that it has adjusted its systems to facilitate reporting in accordance with the decision of the European Securities and Markets Authority (ESMA) of 16 March 2020 to...more
In this episode recorded in late February, Akin Gump financial regulatory partners Helen Marshall and Ezra Zahabi, using Akin Gump’s recently published In Principle annual report as a springboard, discuss what U.K. authorized...more
4/2/2020
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Climate Change ,
Contingency Plans ,
Corporate Governance ,
Cybersecurity ,
Disclosure Requirements ,
Enforcement ,
Environmental Social & Governance (ESG) ,
EU ,
Executive Compensation ,
General Data Protection Regulation (GDPR) ,
Institutional Investors ,
Investment Management ,
No-Deal Brexit ,
Pension Schemes ,
Public Sector ,
Risk Mitigation ,
Shareholders ,
Sustainability ,
Transparency ,
UK ,
UK Brexit
As a result of the disruption experienced in a number of markets, the UK Financial Conduct Authority (FCA), the Italian securities regulator (Commissione Nazionale per le Società e la Borsa (CONSOB)) and the Spanish...more
On 25 February 2020, the UK Financial Conduct Authority (FCA) updated its process for the notification and disclosure of net short positions under the European Union Short Selling Regulation (SSR).
To be able to submit a...more
Welcome to the 2020 edition of In Principle. With the United Kingdom (UK) leaving the European Union (EU) on31 January 2020, and moving into a transition period which will last until 31 December 2020, Brexit of courselooms...more
1/30/2020
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Certifications ,
Climate Change ,
Cybersecurity ,
Data Protection ,
Data Security ,
Disclosure Requirements ,
EMIR ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
EU ,
EU Benchmark Regulation ,
EU Market Abuse Regulation (EU MAR) ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Investment Firms ,
Investment Funds ,
Investment Management ,
Investors ,
Libor ,
Market Abuse ,
National Competent Authorities (NCA) ,
Personal Liability ,
Proposed Amendments ,
Reporting Requirements ,
Senior Managers ,
SFTR ,
Shareholder Rights ,
Sustainability ,
UK ,
UK Brexit
The commencement date of 9 December 2019 for the extension of the Senior Managers and Certification Regime (SMCR) to solo-regulated firms is fast approaching. The SMCR will replace the existing Financial Conduct Authority...more
• Under Swiss law, to fulfil the clearing, reporting and risk mitigation obligations applying to derivatives trading under foreign law, the Swiss Financial Market Supervisory Authority (FINMA) must recognize the foreign law...more
4/18/2019
/ Counterparty Risk ,
Cross-Border Transactions ,
Derivatives ,
EMIR ,
EU ,
Financial Markets ,
FINMA ,
Foreign Financial Institutions (FFI) ,
Over The Counter Derivatives (OTC) ,
Reporting Requirements ,
Risk Mitigation ,
Switzerland ,
UK ,
UK Brexit
There is much for authorised firms to consider in the year ahead. Firms have been through the intensive period of the enactment of the second Markets in Financial Instruments Directive (MiFID II), but must now step up their...more
1/25/2018
/ Anti-Money Laundering ,
Appeals ,
Asset Management ,
Attorney-Client Privilege ,
Banks ,
Code of Conduct ,
Compensation ,
Competition ,
Conflicts of Interest ,
Data Breach ,
Data Protection ,
Data Subjects Rights ,
Disclosure Requirements ,
EMIR ,
Encryption ,
Enforcement Actions ,
EU ,
EU Market Abuse Regulation (EU MAR) ,
Financial Conduct Authority (FCA) ,
Financial Regulatory Reform ,
General Data Protection Regulation (GDPR) ,
Internal Investigations ,
Investment Funds ,
Investors ,
Law Firm Ownership ,
Law Firm Partners ,
Market Abuse ,
MiFID II ,
Mobile Apps ,
New Legislation ,
Notification Requirements ,
Penalties ,
Performance Reviews ,
Personal Data ,
Popular ,
Reporting Requirements ,
Royal Bank of Scotland ,
Securities and Exchange Commission (SEC) ,
Securities Financing Transactions (SFTs) ,
SFO ,
SFTR ,
Short Selling ,
Skilled Laborers ,
SMCR ,
Technology Sector ,
Transparency ,
Trustees ,
UCITS ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
Wall Street
The release by the UK Financial Conduct Authority (FCA) on 3 July 2017 of its final rules on the implementation of the revised Markets in Financial Instruments Directive 2014/65/EU and the new Markets in Financial Instruments...more
The release by the UK Financial Conduct Authority (FCA) on 3 July 2017 of its final rules on the implementation of the revised Markets in Financial Instruments Directive 2014/65/EU and the new Markets in Financial Instruments...more
On 26 July 2017, the UK Financial Conduct Authority (FCA) published its much-anticipated Consultation Paper (CP 17/25) “Individual Accountability: Extending the Senior Managers & Certification Regime to all FCA firms.” The...more