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UK Government Publishes Edinburgh Reforms for Financial Services

The U.K. Government announced on 9 December 2022 a series of initiatives, billed as the Edinburgh Reforms, to reform the laws for the U.K. financial services sector. In this note, we consider these reforms in detail and what...more

International Organization of Securities Commissions Publishes Consultation and Discussion Paper on Carbon Markets

The International Organization of Securities Commissions has published a consultation on Compliance Carbon Markets and a separate discussion paper on voluntary carbon markets. Compliance Carbon Markets involve the issuance of...more

FCA Publishes Consultation Paper on Sustainability Disclosure Requirements

Following its 2021 Discussion Paper, the FCA has published a consultation paper setting out proposals to enhance sustainability disclosure and labeling requirements for sustainability-linked investment products. The majority...more

Gas Market Insolvencies in Great Britain: Legal, Regulatory and Insolvency Issues

Over the past decade there has been an influx of small- and medium-sized entrants to the U.K. gas supplier market, which is supervised by Great Britain’s independent energy regulator, the Office of Gas and Electricity Markets...more

The Brexit Freedoms Bill and the MiFID Override for Financial Services Regulation

U.K. financial regulation includes a small and unusual provision, the so-called “MiFID override,” which prioritises the EU’s MiFID II regime over the U.K.’s own regulatory framework when determining questions of what is...more

UK Government Publishes Brexit Freedoms Bill Setting Deadline for Revocation of EU Law

The U.K. Government has published the Retained EU Law (Revocation and Reform) Bill, known as the Brexit Freedoms Bill, which aims to repeal or assimilate retained EU law and abolish the principle of the supremacy of EU law in...more

UK Financial Conduct Authority Consults on Regulatory Perimeter Guidance for Trading Venues

The U.K. Financial Conduct Authority has published a consultation paper on proposed guidance on the regulatory perimeter for multilateral trading facilities and on possible future changes to smaller trading venues' regulatory...more

UK Financial Conduct Authority Publishes Final Rules and Guidance for New Consumer Duty

The U.K. Financial Conduct Authority has published its final rules and guidance for the new Consumer Duty, which is intended to establish clearer standards for consumer protection across the financial services industry. The...more

UK Regulators Propose Changes to Margin Requirements for Non-Centrally Cleared Derivatives

The U.K. Prudential Regulation Authority and Financial Conduct Authority have issued a joint consultation paper on proposals to amend the U.K. Binding Technical Standards on margin requirements for non-centrally cleared...more

EU Proposes to Amend Cash Penalty Process for Cleared trades

The European Securities and Markets Authority has opened a consultation in which it proposes to amend the cash penalty process for cleared transactions under the EU Central Securities Depositories Regulation. The EU CSDR...more

Crypto-Asset Market Turmoil: Financial Stability Board Issues Statement

The Financial Stability Board has issued a statement on international regulation and supervision of crypto-asset activities. The statement is made in light of the crypto-asset market turmoil. The statement warns crypto-asset...more

EU Consultation on Guidelines for Applications to Operate DLT Market Infrastructures under the EU Pilot Regime

The European Securities and Markets Authority has launched a consultation on proposed guidelines on standard forms, formats and templates to apply for permission to operate distributed ledger technology for market...more

LIBOR Transition: Further Proposed Changes to EU Clearing and Derivatives Trading Obligations

The European Securities and Markets Authority has opened a consultation on proposals to amend the EU clearing and trading derivative obligations to reflect recent benchmark transitions from LIBOR to so-called risk-free rates....more

Ashley Alder to Chair UK Financial Conduct Authority

HM Treasury has announced the appointment of Ashley Alder as Chair of the U.K. Financial Conduct Authority. Mr Alder will succeed interim chair Richard Lloyd, who has served as interim Chair since Charles Randell stepped down...more

Basel Committee on Banking Supervision Consults Further on Capital Requirements for Banks' Exposures to Crypto-Assets

Following its consultation last year, the Basel Committee on Banking Supervision has launched a second consultation on bank prudential requirements for exposures to crypto-assets. The first consultation set out a preliminary...more

UK Regulators Propose Requirements for Critical Third Parties' Services to UK Regulated Firms

The Bank of England, Prudential Regulation Authority and Financial Conduct Authority (together, the supervisory authorities) have published a discussion paper proposing measures to supervise and enhance the resilience of...more

UK Conduct Authority Warns Buy Now Pay Later Firms on Compliance with Financial Promotion Requirements

The U.K. Financial Conduct Authority has issued a warning to Buy Now Pay Later firms about financial promotions that potentially breach the FCA's rules. The Financial Services and Markets Act 2000 prohibits the communication...more

UK Regulator Proposes Extending Long-Term Asset Fund to Certain Retail Investors

Following the introduction of a regulatory framework for a new type of authorized open-ended fund called the long-term asset fund, the U.K. Financial Conduct Authority has opened a consultation on extending the LTAF to more...more

Final UK Policy on Regulation of Central Counterparties and Central Securities Depositories Post-Brexit

HM Treasury has published its final policy approach to the regulation of central counterparties and central securities depositories under the Financial Services Future Regulatory Framework Review. The response is published on...more

HM Treasury Publishes Final Policy Following Financial Services Future Regulatory Framework Review

HM Treasury has published its final response to the Financial Services Future Regulatory Framework Review in which it sets out the government's policy approach to reforming the U.K.’s regulatory architecture post-Brexit. The...more

UK Conduct Regulator Publishes Policy Statement on Improvements to Appointed Representatives Regime

The U.K. Financial Conduct Authority has published a Policy Statement and final rules on improvements to the Appointed Representatives regime. The AR regime allows authorized firms to appoint representatives to conduct...more

UK Proposals for Regulating Systemic Payment Activities

HM Treasury has opened a consultation on payments regulation and the systemic perimeter.  The consultation arose out of the Payments Landscape Review and the government’s commitment to consult on bringing systemically...more

HM Treasury Publishes Inquiry Into Crypto-Assets

HM Treasury has launched an inquiry into the role of crypto-assets in the U.K. and their regulatory framework. The inquiry poses questions on a range of subjects, including the likelihood of digital currencies (e.g.,...more

UK Law Commission Consults on Law Reforms for Digital Assets

Following the Call for Evidence on digital assets in 2021, the U.K. Law Commission has issued a consultation on proposals to reform the law of England and Wales to recognize and protect the rights of users of digital assets....more

Stricter UK Financial Promotion Rules Going Ahead

The U.K. Financial Conduct Authority has published its final Policy Statement and Rules on financial promotions of high-risk investments and firms approving financial promotions. Many of these changes address or build upon...more

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