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Brexit and Financial Services - Temporary Permissions

The UK’s temporary permissions regime appears to be a helpful concession for inbound firms, but there are some hidden challenges. Key Points: ..The UK regulators have set out further details of the rules they propose...more

FCA CP18/36 — The Second Brexit Onshoring Consultation

The FCA has published a second consultation on the Brexit onshoring project. Like the first, and many other Brexit onshoring documents, it is both long and very technical. However, a number of important policy points are...more

Brexit and Financial Services — Onshoring MiFID II

Latham & Watkins demystifies the process for onshoring the MiFID II regime, and outlines the key changes for firms operating in the UK. Key Points: ..The onshoring process is designed to preserve the status quo as much...more

Private Bank Briefing: Issues Impacting the Private Bank Sector

The FCA published a Discussion Paper on a duty of care and potential alternative approaches (DP18/5) on 17 July 2018. The FCA is exploring whether there should be a duty of care in the financial services sector. It is...more

FCA Sets Out Stance on Cross-Border Booking Arrangements

The “Dear CEO” letter underlines the FCA’s open and pragmatic approach in the context of Brexit. The FCA has published a “Dear CEO” letter to firms, advising them of its position in relation to the use of cross-border...more

Private Banking Newsletter: Issues Impacting the Private Bank Sector

The FCA’s Business Plan for 2018/19, published on 9 April 2018, outlined key priorities for the upcoming year. Although the Business Plan revealed that the FCA’s Brexit-related workload will mean a dearth of new initiatives,...more

The MiFID II Inducements Regime

MiFID II contains a number of inducements requirements, including rules relating to conflicts of interest, research, hospitality, corporate access, and payment for order flow. This Client Alert outlines these requirements and...more

Commission Publishes Study of EU Market in Retail Investment Products

The Commission shares the results of a 2017 study into the current functioning of European markets for retail investment products. Key Points: ..The European Commission’s Final Report is the result of examining a broad...more

First Use of ESMA Temporary Product Intervention Measures

ESMA to introduce measures to restrict the provision of CFDs, and prohibit the provision of binary options, to retail investors in the EU. The European Securities and Markets Authority (ESMA) has announced the first use of...more

ESMA Clarifies Third Country Transitionals Under the EU Benchmarks Regulation

ESMA has published a new Q&A clarifying the transitional arrangements for third country benchmarks under the EU Benchmarks Regulation (BMR). Key Points: ..Non-EEA benchmarks that are being used in the EEA before 1...more

MiFID II Research – Relief at Last?

US and EU authorities have finally moved to solve the cross-border issues arising from MiFID II rules on research unbundling. Key Points: - The US SEC has published three temporary “no action” letters, which are...more

Policing the Robots — Robo-Advice Under MiFID II

Do robots give suitable advice? ESMA proposes updates to suitability guidelines to address robo-advice. Given the technological evolution of the advice market, firms offering a robo-advice service are faced with a...more

MiFID II – Second Policy Statement and Further Consultation

The FCA has published its second Policy Statement on MiFID II implementation, plus a further Consultation Paper on residual issues. Key Points: ..The FCA has made significant changes to some proposals, particularly in...more

Clarifications to Key Concepts Under The EU Benchmarks Regulation

The European Commission is consulting on delegated acts clarifying the meaning of certain key terms. On 22 June 2017, the Commission published four draft delegated acts under the EU Benchmarks Regulation (BMR). These acts...more

Benchmarks Update

FCA Consultation Paper sets out proposed approach to compelling LIBOR contributions. The FCA has published a Consultation Paper (CP17/5), setting out its proposed approach to the use of its compulsion powers under the EU...more

ESMA Final Report on MiFID II Product Governance Requirements

ESMA Sheds Light on MiFID II Product Governance. The MiFID II Product Governance regime presents a number of implementation challenges for firms. The rules originated from an existing FCA regime, which derived from a need...more

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