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Regulating Crypto-assets and ICOs? ESMA and EBA Consider the Benefits

ESMA and the EBA publish documents considering the application of the EU regulatory regime to crypto-assets and ICOs. Key Points: ..ESMA highlights the importance of taking a technology-neutral approach to regulation,...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

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

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

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

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

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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