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FCA Finalises Changes to Rules on Investment Research

Despite some adjustments to the proposed guardrails, the FCA has largely retained its original approach. On 26 July 2024, the FCA published its final rules on payment optionality for investment research (PS24/9)....more

FCA Findings on Firms’ Treatment of Politically Exposed Persons

Regulator finds that firms could improve how they conduct anti-money laundering checks when dealing with UK PEPs. ...more

ESMA Sets Out Good Practices for Calls With Analysts Ahead of MAR Closed Periods

The guidance was issued after ESMA and national regulators observed “high volatility episodes” in EU share prices, some of which took place shortly after pre-close calls with analysts....more

FCA Consults on Permitting Bundled Payments for Research

The FCA is proposing to allow asset managers to rebundle payments for third-party research and trade execution. On 10 April 2024, the FCA published its much-anticipated Consultation Paper on payment optionality for...more

FCA’s 2024/25 Business Plan Signals Focus on Wholesale Markets Reform

Fighting financial crime, protecting consumers’ needs, and bolstering wholesale markets are the regulator’s key priorities for the year ahead. On 19 March 2024, the FCA published its Business Plan for 2024/25, setting...more

UK Government Consults on World’s First Regulated Public-Private Crossover Market

UK Chancellor launches consultation on the proposed Private Intermittent Securities and Capital Exchange System (PISCES) as part of the Spring Budget. On 6 March 2024, HM Treasury published a consultation paper seeking...more

FCA Consults on Plans to Announce Enforcement Investigations

The FCA plans to streamline its approach to enforcement and publicise investigations at an early stage. On 27 February 2024, the FCA published a Consultation Paper (CP24/2) on its proposed new approach to publicising...more

FCA Explores How to Close the “Advice Gap”

The Discussion Paper on the Advice Guidance Boundary Review examines how authorised firms can provide more support to customers. The FCA has published a Discussion Paper (DP23/5) with the government on the Advice...more

HM Treasury Confirms Changes to Financial Promotion Exemptions

Businesses relying on exemptions for high net worth individuals and self-certified sophisticated investors should ensure they are prepared to comply with the updated requirements. On 7 November 2023, HM Treasury...more

FCA Issues Warning on Market Soundings

The FCA reminds market soundings recipients of their obligations under UK MAR best practices for trading during the market sounding period. On 31 October 2023, the FCA published Market Watch 75 reminding firms of the...more

UK Regulators Set Out Policy Proposals on Misconduct; Diversity and Inclusion

The FCA and the PRA have published their long-awaited consultations which aim to formalise how firms approach diversity and inclusion. On 25 September 2023, the FCA and the PRA published separate but related consultation...more

HM Treasury Publishes UK Investment Research Review’s Final Report

The Review recommends scrapping research unbundling, but also proposes a range of other changes to the UK research landscape. On 10 July 2023, HM Treasury published the final report produced by the independent UK...more

Consumer Duty: What Do Boards Need to Know?

What Is the Consumer Duty? To recap, a core priority for the Financial Conduct Authority (FCA) is improving outcomes for consumers. The FCA has stated that it is concerned that, due to the way financial services markets...more

FCA Consumer Duty Update: Assessing Fair Value

The FCA has published the findings from its review of firms’ fair value assessment frameworks and set out implementation priorities for firms. On 10 May 2023, the FCA published a speech by Sheldon Mills, FCA Executive...more

FCA Publishes Business Plan for 2023/24

The Future Regulatory Framework and Consumer Duty will be key areas of focus for the coming year. On 5 April 2023, the FCA published its Business Plan for 2023/24. The Business Plan sets out a number of priority areas...more

UK Government and Regulators Launch SMCR Review

The tone of the papers suggests that a fundamental reform of the Regime will be unlikely. On 30 March 2023, the PRA and the FCA published a joint Discussion Paper (FCA DP23/3 and PRA DP1/23) seeking feedback on the...more

Consumer Duty Update: FCA Issues Dear CEO/Director Letters Setting Priorities for Sectors

The letters ask senior management to prioritise implementing the Duty. On 3 February 2023, the FCA published Dear CEO/Director letters underscoring the immediate (i.e., during the implementation period up until 31 July...more

FCA Implements Strategies to Clamp Down on Illegal Social Media Financial Promotions

The regulator described the steps it is taking to increase scrutiny of advertisements about financial products and services on social media platforms. On 3 February 2023 the FCA published an analysis of its financial...more

The “Edinburgh Reforms”: Timetable of Key Changes

The timetable sets out three tranches of extensive regulatory changes to UK and EU law in 2023 and 2024. The “Edinburgh Reforms”, a series of announcements made on 9 December 2022 by the Chancellor of the Exchequer, set...more

The FCA’s Approach to Non-Financial Misconduct - A Further Twist

The FCA stated that the perpetrator’s character is key to non-financial misconduct investigations, which suggests a mismatch with recent case law. In last year’s Frensham case, the Upper Tribunal considered how relevant...more

FCA Recommends Measures Encouraging Diversity and Inclusion in Financial Services

The FCA’s latest report into D&I highlights the need for additional metrics, social mobility, firm culture, staff development, data quality, and systematic strategies. In 2021 and 2022, the FCA carried out a survey of...more

The FCA’s Approach to Non-Financial Misconduct - Latest Cases and Observations

The FCA has long since regarded non-financial misconduct as potentially relevant to the integrity and reputation elements of a regulated individual’s fitness and propriety. While not formally defined, non-financial misconduct...more

FCA Finalises Rules to Improve Transparency Around Diversity of Boards and Executive Management

The new rules provide issuers with flexibility to report on representation of women by reference to either gender identity or sex. On 20 April 2022, the FCA published its final policy decision on the proposals set out in...more

Wholesale Markets Review Consultation Response Aims for “Tailored” UK Approach

The consultation response heralds innovation-friendly reform to the UK wholesale capital markets regime. On 1 March 2022, HM Treasury published its response to the July 2021 consultation on the Wholesale Markets Review...more

UK to Regulate Cryptoasset Promotions

HM Treasury has confirmed that it will bring certain unregulated cryptoassets within scope of the financial promotions regime. On 18 January 2022, the UK government confirmed its intention to bring the promotion of certain...more

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