The European Securities and Markets Authority (ESMA) recently published its first formal guidance on the use of artificial intelligence (AI) in the provision of retail investment services. The guidance outlines AI’s potential...more
After several years of negotiations between the European Commission, European Council, and European Parliament following the publication of the initial draft proposal in November 2021, AIFMD II was published in the Official...more
The last few years have thrown many surprises at businesses. Organizations across all sectors have faced inflation, global conflicts, supply chain challenges, a pandemic, and continually changing government policies. In 2023,...more
1/23/2023
/ Automotive Industry ,
Capital Markets ,
Cryptocurrency ,
Energy Sector ,
EU ,
False Claims Act (FCA) ,
FDIC ,
Financial Services Industry ,
FinTech ,
Food and Drug Administration (FDA) ,
Life Sciences ,
Tax Credits
The European Commission (the Commission) has made sustainable finance an express initiative within its overall plans to strengthen capital markets in the European Union. In July 2018, the Commission sought advice from the...more
Following an assessment by the European Commission (the Commission) of how the European Market Infrastructure Regulation (EMIR) has been working since it entered into force on 16 August 2012 and the phasing in of its various...more
The proposals pave the way for the integration of environmental, social, and governance considerations into the day-to-day thinking of financial services firms....more
The Financial Conduct Authority and Prudential Regulation Authority published policy statements on 4 July on the extended Senior Managers and Certification Regime, setting out near final rules for solo-regulated firms and...more
The EU regulation on key information documents (KIDs) for packaged retail and insurance-based products (PRIIPs) took direct effect in the European Union on 1 January 2018. This LawFlash outlines at a high level the...more
Aware of the risks of regulatory arbitrage developing post-Brexit, a key feature of the Commission’s proposals allows ESAs to monitor the practices of EU27 regulators....more
The European Securities and Markets Authority foresees regulatory and arbitrage risks in Brexit and has issued an opinion as a practical tool to help achieve supervisory convergence among EU regulators—Brexit negotiations...more
The MiFID II regime will have significant ramifications for US investment managers and their use of client commissions to obtain research—especially as cross-border impacts have yet to be addressed by global regulators....more
While the swirl of day-by-day posturing, partisan commentary, and reluctance of the UK and EU authorities to reveal their negotiating hands make it challenging to discern probable routes forward and plan accordingly, there is...more
11/4/2016
/ AIFMD Passport ,
EMIR ,
EU ,
EU Single Market ,
Financial Services Industry ,
Member State ,
Passporting ,
Prospectus ,
UCITS ,
UK ,
UK Brexit
Companies trading on either the London Stock Exchange’s Main Market or AIM should ensure that their systems and procedures reflect changes to their disclosure and other obligations arising from the implementation of the new...more
10/24/2016
/ AIM ,
Disclosure Requirements ,
EU ,
EU Market Abuse Regulation (EU MAR) ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Investor Protection ,
London Stock Exchange ,
Market Abuse ,
PDMR ,
Share Buybacks ,
UK
ESMA sees no significant obstacles to extending the AIFMD passport to nine key countries.
The European Securities and Markets Authority (ESMA) has published advice to the European Commission, the European Parliament, and...more
7/21/2016
/ AIFMD Passport ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Alternative Investment Funds ,
ASIC ,
Australia ,
Bermuda ,
Canada ,
Cayman Islands ,
CIMA ,
EU ,
EU Passport ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Hong Kong ,
Island of Guernsey ,
Japan ,
Member State ,
Monetary Authority of Singapore ,
Singapore ,
Switzerland ,
UCITS
The new regime shares the same aims as its predecessor—to ensure the integrity of EU financial markets and enhance investor confidence—and keeps pace with market developments such as new trading platforms, new technology, and...more
7/11/2016
/ AIM ,
Burden of Proof ,
Disgorgement ,
EU ,
EU Market Abuse Regulation (EU MAR) ,
European Securities and Markets Authority (ESMA) ,
Extraterritoriality Rules ,
Financial Conduct Authority (FCA) ,
Financial Markets ,
FSMA ,
Insider Trading ,
Market Manipulation ,
Market Participants ,
Member State ,
MiFID II ,
UK ,
UK Brexit
Should Britain decide to leave both the EU and EEA as a result of a “Brexit” vote on 23 June 2016, the impact on UK and EU financial services firms could be significant.
The City of London is Europe’s key financial...more
3/9/2016
/ Alternative Investment Fund Managers Directive (AIFMD) ,
EU ,
European Banking Authority (EBA) ,
European Economic Area (EEA) ,
Financial Services Industry ,
Investment Management ,
MiFID ,
Referendums ,
UCITS ,
UK ,
UK Brexit