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ESAs Provide Guidelines to Harmonise the Cryptoasset Classification Under MiCA

On 10 December 2024, the European Banking Authority (EBA), the European Insurance and Occupational Pensions Authority (EIOPA), and the European Securities and Markets Authority (ESMA) (together, ESAs) have published new joint...more

ISDA Launches Version 1.0 of Definitions for Digital Asset Derivatives

The Definitions aim to support the safe and efficient development of the digital asset derivatives market through consistent contractual standards. On January 26, 2023, the International Swaps and Derivatives...more

European Commission Proposes Reform on Liability Rules for Artificial Intelligence

The directives aim to assist claimants in proving the causation of damages and product defectiveness in complex AI systems, creating legal certainty for providers. On 28 September 2022, the European Commission issued two...more

Analysis: French Sanctions Regime for Digital Asset Service Providers and Token Issuers

Various sanctions may apply against DASPs and token issuers that operate in France in contravention of applicable rules. France was a pioneer in establishing a legal framework for the regulation of digital assets and...more

French and Dutch Regulators Propose Tighter Supervision of Cross-Border Retail Activities

The regulators suggest improvements to the supervision of firms passporting retail products and services in the EU. The French and Dutch financial services regulators (the AFM and the AMF) have published a joint position...more

ESMA Statement Warns on Payment for Order Flow

New ESMA guidance less strict than the established UK position on PFOF. On 13 July 2021, ESMA published a statement on payment for order flow (PFOF), the practice of brokers receiving payments from third parties for...more

EBA Consults on Prudential Disclosures on ESG Risks

The EBA consultation paper calls for the implementation of a Green Asset Ratio to measure banks’ sustainability performance. Regulators and sustainability-conscious investors increasingly expect banking institutions in...more

ESG and Cryptocurrency: Considerations for Market Participants

For market participants pivoting toward ESG and digital assets, weighing the issues at the crossroads of these two megatrends is critical. The huge rise in popularity of Bitcoin - and the growing interest by mainstream...more

European Secured Notes - Coming to a Bank Near You?

The bank-funding instrument is designed to unlock liquidity for SME loans. Key Points - ..The impact of COVID-19 on European small and medium-sized enterprises (SMEs) is expected to be severe1 — further underscoring the...more

European Commission Proposes Amended Framework for the Securitisation of Non-Performing Exposures

The proposal is part of an effort to aid economic recovery and enhance the capacity of banks to lend to corporates and SMEs. The European Commission’s proposal to amend the Securitisation Regulation1 and the Capital...more

A Move Towards a New STS Framework for Synthetic Securitisations

The EBA’s Final Report on the feasibility of a framework for Simple, Transparent and Standardised (STS) Synthetic Securitisations is a cautious step forward. Key Points: ..The EBA has made a proposal to extend the STS...more

MiFID Refit - Commission Consults on Review of MiFID II Framework

The consultation provides a key opportunity for market participants to provide feedback on the regime. Key Points: ..The consultation covers a broad range of MiFID topics and, while framed as a questionnaire, contains...more

AMF Proposals to Revive the Research Industry in France

The AMF has published a report containing a number of new proposals relating to production of research under MiFID II. Key Points: ..The report pointedly criticises the original MiFID requirements (most of which were...more

STS Securitisations: Further Clarity on Two Sets of Technical Standards

Within a fortnight of each other, the STS Notification RTS was published in final form and the homogeneity RTS for STS securitisations will enter into force. This alert highlights how STS securitisations will be...more

EU Securitisation Reporting Rules Hit the Home Stretch

Originators, sponsors, and issuers should prepare now for the new securitisation disclosure and reporting rules. Key Points: ..Disclosure and reporting standards under the EU Securitisation Regulation are finalised but...more

We’ve Got You Covered: New European Covered Bond Framework

The new framework should simplify the path for issuers seeking to market European covered bonds to investors in the US. Key Points: ..The new framework will create minimum product and technical standards for covered...more

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