Report concludes that the AIFMD has been helpful in building a market for AIFs, but is not free from issues.
Key Points:
..The report concludes that the AIFMD has played a significant role in helping to create an...more
1/15/2019
/ AIFs ,
Alternative Investment Fund Managers Directive (AIFMD) ,
EMIR ,
EU ,
EU Passport ,
European Commission ,
Investment Funds ,
Packaged Retail And Insurance-Based Investment Products (PRIIPS) ,
Private Equity ,
Private Placements ,
UCITS
Technology outsourcing by financial institutions (FIs) has increased in recent years as FIs look to the latest innovations to improve their day-to-day business processes and to reduce costs. FIs outsource key functions to a...more
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
The FCA has finalised a new chapter on insider dealing and market manipulation.
Key Points:
..Firms should take note of the new guidance, which applies immediately.
..Helpfully, the FCA has clarified that firms do...more
The FCA has announced that it plans to consult further on the scope of the Client Dealing Function under the SMCR.
Key Points:
..The FCA acknowledges that the scope of the Client Dealing Function needs to be clarified,...more
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
11/29/2018
/ Consultation ,
EU ,
European Economic Area (EEA) ,
Financial Conduct Authority (FCA) ,
Listing Rules ,
Onshoring ,
Packaged Retail And Insurance-Based Investment Products (PRIIPS) ,
Securities ,
Senior Management Regime (SMR) ,
UCITS ,
UK ,
UK Brexit
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
The Taskforce’s final report outlines the UK’s policy and regulatory approach to crypto-assets and distributed ledger technology in financial services.
Key Points:
..The Report provides an overview of crypto-assets and...more
The House of Commons Treasury Committee has published its recommendations for the regulation of crypto-assets in the UK.
Key Points:
..The House of Commons Treasury Committee has proposed that the UK government should...more
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
This update takes a look at the FCA’s Interim Report and its initial views relating to the review of the provisions of the Consumer Credit Act 1974 (CCA), which show early signs of a more pragmatic approach to regulation than...more
8/14/2018
/ Consumer Financial Contracts ,
Consumer Financial Products ,
Consumer Lenders ,
Consumer Protection Laws ,
Credit Reporting Agencies ,
Credit Reports ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
FSMA ,
HM Treasury ,
Payment Systems ,
UK ,
UK Brexit
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
UK regulators expand on plans to smooth the transition for inbound passporting firms in the event of a “no deal” Brexit.
Overview -
HM Treasury published draft legislation on 24 July 2018 to establish a temporary...more
FCA Chair hints that new regulation addressing data ethics in the FinTech space may be on the horizon.
Will societies of the future be ruled by algocracy, in which algorithms decide how humans are governed? ...more
The FCA and the PRA have published their Policy Statements, setting out final rules on the SMCR regimes for insurers and FCA solo-regulated firms.
Key Points:
..The FCA has announced that the extended SMCR will apply to...more
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
6/26/2018
/ Banking Sector ,
Compliance ,
Cryptocurrency ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
MiFID II ,
Packaged Retail And Insurance-Based Investment Products (PRIIPS) ,
Robo-Advisors ,
Strategic Enforcement Plan ,
UK
Many auto advisers and automated discretionary investment managers risk poor outcomes for customers by falling short of FCA expectations.
The Financial Conduct Authority (FCA) has issued a statement outlining its...more
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
Best execution is currently a hot topic for global regulators and the past year has seen notable regulatory focus in this area. Amid this development, firms are recommended to review their global best execution compliance...more
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
FCA publishes final rules and further consultation on outstanding remedies under its asset management market study.
Key Points:
..The FCA has published a Policy Statement (PS18/8) setting out final rules and guidance...more
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
The FCA is proposing to add a new chapter on insider dealing and market manipulation to its Financial Crime Guide.
Key Points:
..The FCA proposes to add a new Chapter 8 to Part 1 of its Financial Crime Guide, outlining...more
On 23 February 2018, the FCA published a Policy Statement with new perimeter guidance on what amounts to a personal recommendation in relation to advising on retail investments. The guidance came into effect on the same...more
New FCA Discussion Paper demonstrates how the regulator’s thinking in relation to culture has evolved.
Introduction -
In Discussion Paper (DP) 18/2, the FCA has taken an unusual approach to a topic that has received...more