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UK FCA consults on changes to create stronger framework to support borrowers in financial difficulty

As previously referred to by the FCA (for example in its 2023/24 Business Plan) and following its Borrowers in Financial Difficulty (BiFD) project findings, it has launched a consultation setting out how it plans to...more

UK-EU MoU on regulatory cooperation in financial services: towards a more constructive relationship?

HM Treasury has published the text of the awaited draft memorandum of understanding (MoU) on UK-EU regulatory co-operation in financial services, which has already been adopted by the European Commission. The focus of the MoU...more

EU Payment Accounts Directive: Commission review mainly positive but improved data collection needed

The European Commission has published its long-delayed report to the European Parliament and Council of the EU on the application of the Payment Accounts Directive (PAD). The findings are generally positive and no legislative...more

UK Consumer Duty: FCA outlines expectations on fair value assessments as July deadline looms

In a speech marking less than three months until the first Consumer Duty implementation deadline, the FCA has warned that firms can expect swift action if they ignore the Duty or pose the most harm to consumers. As part of...more

Global Payments Newsletter, April 2023

Key developments of interest over the last month include: the UK FCA’s publication of a portfolio letter to payments and e-money firms; the U.S. Federal Reserve announcing the July 2023 launch of its FedNow Service; and...more

UK FCA overdrafts remedies: Positive findings tempered by cost of living and upcoming Consumer Duty

The FCA’s evaluation of its 2019 personal current account (PCA) overdraft rule changes - introduced as part of its High-Cost Credit Review - paints a largely positive picture in terms of good consumer outcomes. However, the...more

Open Banking: JROC recommendations on next phase aim to keep UK ahead of the pack

The Joint Regulatory Oversight Committee (JROC), co-chaired by the FCA and the Payment Systems Regulator (PSR) and with HM Treasury (HMT) and the Competition and Markets Authority (CMA) as the other members, has published its...more

UK Consumer Duty and FCA Business Plan 2023/24: ‘key role’ for Duty in cost of living crisis

With the entry into force of its new Consumer Duty now only months away, the FCA has taken the opportunity presented by its latest Business Plan to reinforce its message that it’s placing ensuring good consumer outcomes at...more

UK FCA Business Plan 2023/24: Prioritising ‘critical commitments’ in uncertain times

With the economic and geopolitical environment likely to remain ‘highly uncertain’, the FCA’s latest Business Plan reflects its decision to accelerate work in four areas over the next year: putting consumers’ needs first;...more

Cost of living crisis and financial services: what’s the impact in the UK and Ireland?

As part of the Hogan Lovells FinTech Fundamentals webinar series, on 22 March 2023 Financial Services Regulatory senior associate Jen Staniforth hosted a thought provoking panel discussion on the impact of the cost of living...more

UK FCA portfolio letter to payments firms: compliance with safeguarding is ‘top priority’

The FCA has published a Portfolio letter setting out its priorities for payments and e-money firms amidst tightening economic conditions and the cost-of-living crisis. Among the three outcomes that it has set for firms in...more

UK FCA final mortgage support guidance for firms assisting borrowers during cost of living crisis

The FCA has published its finalised guidance (FG23/2) for firms supporting their existing mortgage borrowers impacted by the rising cost of living. The FCA reiterates that the guidance clarifies the effect of its existing...more

Global Payments Newsletter, February/March 2023

Key developments of interest over the last two months include: the Central Bank of Ireland publishing a Dear CEO letter to the payments industry; the Bank of England and HM Treasury launching a consultation on a model for a...more

UK Consumer Duty: FCA publishes third set of portfolio letters to help firms with implementation

On 3 March 2023, the FCA published its third batch of portfolio letters setting out its expectations for firms implementing the Consumer Duty. We covered the previous two sets of letters in our Engage articles of 9 and 28...more

UK Financial Services Regulatory Initiatives Forum publishes sixth edition of Grid

The eagerly awaited sixth edition of the Financial Services Regulatory Initiatives Grid has been published by the Financial Services Regulatory Initiatives Forum. The delay to its publication (originally expected in November...more

Consumer Duty: navigating the Consumer Understanding Outcome

Under the new Consumer Understanding Outcome, firms in scope of the Consumer Duty must support retail customer understanding so that all communications meet the information needs of retail customers; are likely to be...more

Financial Institutions Horizons 2023

The outlook for 2023 looks uncertain, following another tumultuous year. The collapse of a number of large cryptocurrency exchanges has shone another spotlight on the digital asset market. The financial system’s resilience...more

Buy-Now Pay-Later: UK government consults on draft legislation

The government is consulting on proposed draft legislation that will bring BNPL within the FCA’s regulatory perimeter. Whilst a proportionate approach may be evident in the tailoring of pre-contractual information...more

Towards a digital pound? Bank of England and HM Treasury consult on design for UK retail CBDC

The Bank of England and HM Treasury are consulting on the model for a UK retail central bank digital currency (CBDC) or ‘digital pound’ that would sit alongside, not replace, cash. On the basis of their work to date, both the...more

Implementing UK Consumer Duty: Prioritisation, delivering real change, and teamwork are key

The FCA has published its findings from its review of the Consumer Duty implementation plans of around 60 of the largest retail financial services firms who have fixed FCA supervisory teams. It highlights effective...more

Global Payments Newsletter, January 2023

Key developments of interest over the last month include: the UK Treasury publishing a review and call for evidence on the Payment Services Regulations 2017 and a post-implementation review of the Payment Card Interchange Fee...more

UK government reviews Payment Services Regulations and Payment Card Interchange Fee Regulations

HM Treasury has published a review and call for evidence on the Payment Services Regulations 2017, as well as the outcome of a post-implementation review of the Payment Card Interchange Fee Regulations 2015. Both...more

Global Payments Newsletter, December 2022

Key developments of interest over the last month include: the UK government announcing a package of financial services regulatory reforms (the “Edinburgh Reforms”) to drive growth and competitiveness in the sector; continued...more

UK Consumer Credit Act 1974: HM Treasury takes first step towards ‘ambitious long-term reform’

Following a government announcement in June this year of a commitment to 'ambitious long-term reform' to create a consumer credit regulatory regime that fosters innovation but also maintains high levels of consumer...more

UK government consults on future of consumer information requirements for payment accounts

As part of the Edinburgh Reforms announced by the UK Chancellor of the Exchequer on 9 December 2022, HM Treasury is consulting on the customer information requirements in the Payment Accounts Regulations 2015 (PARs) which...more

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