News & Analysis as of

Financial Institutions MiFID II

A&O Shearman

CRD VI—European Banking Authority report on direct provision of services from third country institutions

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This note discusses the European Banking Authority’s (EBA’s) report, published on July 23, 2025, which addresses whether and when EU non-bank entities should be allowed to deal with locally unregulated non-EU banks. In some...more

A&O Shearman

FCA plans to modernise client categorisation rules

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The UK Financial Conduct Authority has announced plans to review its client categorisation rules to unlock more investment opportunities for wealthy investors and support capital markets...more

Goodwin

Crypto-Assets: AMF Aligns with Six Sets of European Supervisory Guidelines under MiCA Regulation

Goodwin on

As part of the implementation of the European Markets in Crypto-Assets Regulation (MiCA), the French Financial Markets Authority (AMF) has announced its compliance with six sets of guidelines adopted by European Supervisory...more

A&O Shearman

ESMA report on the quality and use of data

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The European Securities and Markets Authority (ESMA) has published its 2024 report, along with a press release, on the quality and use of data, showcasing significant increase in data use by authorities. The report covers...more

Skadden, Arps, Slate, Meagher & Flom LLP

Update on MiCA Implementation: Implications for Copy Trading Services

Since December 2024, cryptoassets and related services are regulated in the European Union by the Markets in Crypto-Assets Regulation (MiCA). Although the regulation provides a comprehensive set of rules for issuers of...more

Proskauer Rose LLP

European Regulatory Timeline 2025

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Following the turn of the new year, our UK Regulatory specialists have examined the key regulatory developments in 2025 impacting a range of UK and European firms within the financial services sector. The key dates have been...more

A&O Shearman

UK Financial Markets Standards Board updated final statement of good practice for front office supervision of wholesale traded...

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The Financial Markets Standards Board has published its updated final statement of good practice for front office supervision of wholesale traded markets. The statement of good practice sets out 15 good practice statements,...more

King & Spalding

EU DORA: Are you in scope, and if so, how can you prepare?

King & Spalding on

The Digital Operational Resilience Act (DORA) establishes a harmonised and comprehensive framework for information and communication technology (ICT) risk management in the financial sector. It is a directly applicable EU...more

A&O Shearman

UK Financial Conduct Authority Consults on the MiFID Organisational Regulation

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The consultation paper also includes a discussion chapter about further reform, either now or in the future, to make the rules better suited to the range of U.K. licensed firms and their clients. This includes in...more

Latham & Watkins LLP

Key Takeaways From Rachel Reeves’ Mansion House Speech

Latham & Watkins LLP on

The UK Chancellor announces a growth-focused agenda for financial services. On 14 November 2024, the new Chancellor of the Exchequer, Rachel Reeves, delivered her first Mansion House speech....more

A&O Shearman

European Securities and Markets Authority Consults on Amendments to Markets in Financial Instruments Directive Research Regime

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The European Securities and Markets Authority has published a consultation on amendments to the research provisions in the revised Markets in Financial Instruments Directive following changes introduced by the Listing Act....more

A&O Shearman

Financial Action Taskforce Publishes Consultation on Changes to AML/CFT and Financial Inclusion Standards

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The Financial Action Taskforce has published a consultation paper on revisions to its anti-money laundering and counterterrorism financing standards relating to financial inclusion. The consultation is part of FATF's program...more

A&O Shearman

EU Announces Next Steps for the Transition to T+1 Settlement

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The European Commission, the European Central Bank and the European Securities and Markets Authority have published a joint statement on the next steps to support the preparations towards a transition to T+1. Under the EU...more

A&O Shearman

Zooming In on AI - #6: AI under financial regulations in the U.S., EU and U.K.

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Many governments are grappling with the question of how to regulate artificial intelligence to ensure it is adopted safely and used responsibly without hampering innovation. Governments have generally indicated similar...more

A&O Shearman

UK allows bundled payments for third-party research and trading commissions

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From 1 August 2024, the UK changed its rules on how payments are made for investment research. UK firms may now use bundled payments for third-party research and trading commissions, subject to certain requirements being...more

A&O Shearman

EU Statement on Transition of OTC-Transactions to New Post-Trade Transparency Regime

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The European Securities and Markets Authority has published a public statement on the transition to the new regime for post-trade transparency of OTC-transactions in light of the revised Markets in Financial Instruments...more

A&O Shearman

On the existence of a pan-European reverse solicitation regime under MIFID II, and importance on a 'Hard' BREXIT

A&O Shearman on

This client memorandum concerns a highly technical point of considerable practical importance. It challenges aspects of the received wisdom that, for post-Brexit cross-border investment business conducted from the U.K....more

A&O Shearman

UK Conduct Regulator Proposes Payment Optionality for Investment Research

A&O Shearman on

The U.K. Financial Conduct Authority has opened a consultation setting out proposals for allowing firms to use joint (bundled) payments for third-party research and execution services, subject to certain requirements being...more

Skadden, Arps, Slate, Meagher & Flom LLP

Taking Stock of Commodity Derivatives Regulation in the UK and EU

In July 2021, HM Treasury published the Wholesale Markets Review consultation (WMR), which included proposals to reform the U.K.’s secondary markets framework. There was broad support for reforms to (a) modify the ancillary...more

A&O Shearman

HM Treasury Publishes Response to Cryptoasset Regulatory Regime Consultation

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HM Treasury has published a response to its consultation on cryptoasset regulation, setting out its final proposals for the U.K.'s cryptoasset regulatory regime. The U.K. plans to make cryptoassets a new category of...more

A&O Shearman

UK Investment Research Review Signifies Further EU-UK Divergence on Unbundling Research Rules

A&O Shearman on

The report and recommendations of the UK Investment Research Review were published on July 10, 2023. The recommendations have been accepted by the government and the Financial Conduct Authority has committed to prioritizing...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Investment Research Review: Reforming MiFID II and Revitalising Investment Research in the UK Public Markets

In July 2023, the Investment Research Review (the Review) commissioned by the UK government published its findings into investment research in UK capital markets. The Review made the following seven recommendations, seeking...more

A&O Shearman

MiFID II and the U.S. Investment Adviser Regime

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The issue of how firms should pay for investment research continues to be a controversial topic in the financial markets. The U.S. has maintained the approach it adopted before the mid-2000s, which is to permit investment...more

A&O Shearman

UK Ancillary Activities Test On Track For Simplification From 2025

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The Financial Services and Markets Act 2000 (Commodity Derivatives and Emission Allowances) Order 2023 was made on May 17, 2023. The Order, which enters into force on January 1, 2025, paves the way for the Financial Conduct...more

A&O Shearman

EU Distributed Ledger Technology Pilot Regime Published

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The EU has published in the Official Journal of the European Union its Regulation on a pilot regime for market infrastructures based on distributed ledger technology. The pilot regime will permit certain DLT market...more

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