News & Analysis as of

Financial Services and Markets Act HM Treasury Financial Conduct Authority (FCA)

A&O Shearman

Mansion House: HMT publications on new regulated activity of providing targeted support

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HM Treasury (HMT) has published a draft statutory instrument (SI) and policy note on providing targeted support. The draft SI amends the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 by specifying...more

Hogan Lovells

UK: The Bank Resolution (Recapitalisation) Act 2025

Hogan Lovells on

The Bank Resolution (Recapitalisation) Act 2025 (Act) received Royal asset on 15 May 2025. Although deceptively short and dependant on the passing of further regulations in order to come into effect, it introduces significant...more

A&O Shearman

HM Treasury publishes draft order for cryptoasset regulation

A&O Shearman on

The HM Treasury (HMT) has published a draft of The Financial Services and Markets Act 2000 (Regulated Activities and Miscellaneous Provisions) (Cryptoassets) Order 2025, together with an accompanying policy note... ...more

Goodwin

Shielding Staking from UK Funds Regulation: The First Crypto Law of 2025

Goodwin on

In a previous alert, we identified that the definition of a collective investment scheme (CIS) could capture on-chain staking, and that the UK government, acting through the HM Treasury (HMT), was looking to clarify the...more

A&O Shearman

Updated Draft UK Short Selling Regulations Published

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An updated draft version of the Short Selling Regulations 2024, alongside an explanatory memorandum and de minimis impact assessment, have been laid before Parliament. The draft Regulations establish a new legislative...more

A&O Shearman

UK Prudential Regulator Granted Power to Disapply Rules

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On April 18, 2024, the Financial Services and Markets Act 2000 (Disapplication or Modification of Financial Regulator Rules in Individual Cases) Regulations 2024 were made. The Financial Services and Markets Act of 2023...more

A&O Shearman

UK Approach to Critical Third-Party Supplier Designation Published

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The Financial Services and Markets Act 2023 established a framework for the regulation of third parties who provide significant services to financial institutions, giving HM Treasury power to designate an entity as a...more

A&O Shearman

HM Treasury Publishes Policy Statement on Next Phase of Smarter Financial Services Regulatory Framework

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On March 21, 2024, HM Treasury published a paper on the next phase of its Smarter Financial Services Regulatory Framework, the U.K.'s program of post-Brexit regulatory reforms for financial services. The original policy...more

Latham & Watkins LLP

UK Government Consults on World’s First Regulated Public-Private Crossover Market

Latham & Watkins LLP on

UK Chancellor launches consultation on the proposed Private Intermittent Securities and Capital Exchange System (PISCES) as part of the Spring Budget. On 6 March 2024, HM Treasury published a consultation paper seeking...more

A&O Shearman

Fourth Commencement Regulations Under Financial Services and Markets Act 2023 Published

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The Fourth Commencement Regulations - the Financial Services and Markets Act 2023 (Commencement No. 4 and Transitional and Saving Provisions) (Amendment) Regulations 2023 - under the Financial Services and Markets Act 2023...more

Hogan Lovells

UK: Digital Securities Sandbox now in force

Hogan Lovells on

On 8 January 2024, the Financial Services and Markets Act 2023 (Digital Securities Sandbox) Regulations 2023 entered into force, creating the Digital Securities Sandbox within which certain Financial Market Infrastructures...more

A&O Shearman

UK Legislates on Differentiating Risk of Domestic Politically Exposed Persons

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The Money Laundering and Terrorist Financing (Amendment) Regulations 2023, which amend the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (known as the MLRs), come into...more

A&O Shearman

HM Treasury Publishes Consultation Response on Financial Promotions Regime High Net Worth and Sophisticated Investors Exemptions

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HM Treasury has published a consultation response and draft statutory instrument on reforms to the high net worth and sophisticated investor exemptions under the financial promotions regime. The Financial Services and Markets...more

A&O Shearman

HM Treasury Publishes Response to Consultation on Managing Failure of Systemic Digital Settlement Asset Firms

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HM Treasury has published a response to its consultation on managing the failure of systemic digital settlement asset firms. DSAs are defined broadly under the Financial Services and Markets Act 2023 as digital assets that...more

A&O Shearman

UK Government Publishes Draft Regulations on CCP Recovery & Resolution

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The draft Resolution of Central Counterparties (Modified Application of Corporate Law and Consequential Amendments) Regulations 2023 were laid in Parliament on October 16, 2023. The draft Regulations provide for corporate law...more

A&O Shearman

UK Regulatory Gateway for Financial Promotions Applies from February 2024

A&O Shearman on

The Financial Services and Markets Act 2023 (Commencement No. 2 and Transitional Provisions) Regulations 2023, made on August 22, 2023, bring into force certain provisions of the Financial Services and Markets Act 2023 and...more

Hogan Lovells

Smarter, not harder - a new securitisation framework for the UK

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The UK Securitisation Regulation will be replaced as part of HM Treasury’s proposals for a smarter regulatory framework for the UK, with some requirements devolving to regulators, enabling a more flexible framework that...more

A&O Shearman

HM Treasury Publishes Response to Payments Regulation and Systemic Perimeter Consultation

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HM Treasury has published a response to its consultation on payments regulation and the systemic perimeter. The consultation was prompted by the U.K. government's Payments Landscape Review and HM Treasury's concern that some...more

A&O Shearman

HM Treasury Publishes Response on UK Retail Disclosure Consultation

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HM Treasury has published a response to its consultation on the future of U.K. retail disclosures. HM Treasury's consultation (which we discussed in our client note, "UK Government Publishes Edinburgh Reforms for Financial...more

A&O Shearman

HM Treasury Consults on First Financial Market Infrastructure Sandbox – the Digital Securities Sandbox

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HM Treasury has published a consultation on the establishment of a financial market infrastructure sandbox, known as the Digital Securities Sandbox. The sandbox will be established using new powers granted by the...more

A&O Shearman

UK Government Consults on Revised Securitization Regime

A&O Shearman on

HM Treasury has published a near-final draft statutory instrument and related Policy Note setting out its proposed reforms to the U.K. securitization regime. Comments on the draft S.I. can be submitted until August 21, 2023....more

A&O Shearman

UK Regulator Issues Statement on New Growth and International Competitiveness Objective

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The U.K. Financial Conduct Authority has published a statement setting out how its work to support the 'key drivers' of productivity will facilitate delivery of its new secondary objective and how it intends to report on...more

A&O Shearman

UK Government Consults on Revised UK Short Selling Regime

A&O Shearman on

HM Treasury has published its response to the Short Selling Regulation Review, which sought views on the proposed U.K. short selling regime. Once the new U.K. regime for short selling is finalized, the retained EU Short...more

A&O Shearman

UK Prudential Regulation Authority Consults on Approach to Reviewing Rules

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The U.K. Prudential Regulation Authority opened a consultation on June 30, 2023, on its proposed approach to reviewing its rules, including a proposed statement of policy. The Financial Services and Markets Act 2023 transfers...more

A&O Shearman

UK Financial Conduct Authority Seeks Comment on Draft Rule Review Framework

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The U.K. Financial Conduct Authority launched a consultation on July 14, 2023, on its proposed Rule Review Framework. The Financial Services and Markets Act 2023 transfers responsibility for making detailed rules to the...more

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