News & Analysis as of

Investment MiFID II

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

A&O Shearman

FCA consults on future of SI regime for bonds and derivatives

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The UK Financial Conduct Authority (FCA) has published consultation paper CP25/20 on the systematic internaliser (SI) regime for bonds and derivatives. The consultation builds on the November 2024 final policy statement which...more

A&O Shearman

Draft Markets in Financial Instruments (Miscellaneous Amendments) Regulations 2025 published

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The draft Markets in Financial Instruments (Miscellaneous Amendments) Regulations 2025 has been laid before the UK Parliament under the Financial Services and Markets Act 2023 (FSMA 2023), together with a draft explanatory...more

A&O Shearman

ESMA announces intention to publish guidance on algorithmic pre-trade controls under MiFID II

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The European Securities and Markets Authority (ESMA) has published a press release sharing its view that the pre-trade controls that investment firms have implemented warrant further convergence. The EU Markets in Financial...more

A&O Shearman

ESMA launches call for evidence on retail investor journey under MiFID II

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The European Securities and Markets Authority (ESMA) has launched a call for evidence (CfE), accompanied by a press release, to gather input on the retail investor journey in capital markets under the revised EU Markets in...more

A&O Shearman

ESMA publishes technical advice on research provisions under MiFID Delegated Directive

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The European Securities and Markets Authority (ESMA) has published a final report setting out its technical advice to the European Commission on the amendments to the research provisions in the context of the Listing Act...more

A&O Shearman

EU Platform on Sustainable Finance report on categorization of products under Sustainable Finance Disclosure Regulation

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The EU Platform on Sustainable Finance has published a report on the categorization of products under the Sustainable Finance Disclosure Regulation. The Platform recommends categorizing products with the following...more

A&O Shearman

EU Listing Act Package Published in Official Journal of the European Union

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The following legislation that comprises the EU Listing Act package has been published in the Official Journal of the European Union: - Regulation (EU) 2024/2809 amending the EU Prospectus Regulation, the EU MAR and EU...more

Walkers

Initial guidance on the use of AI in the provision of investment services

Walkers on

With the Regulation on Artificial Intelligence (the "AI Act") entering into force in due course, following its publication in the Official Journal of the EU, there has been an increasing focus of supervisory bodies to provide...more

Mayer Brown Free Writings + Perspectives

Investment Research

During his remarks at a meeting of the International Bar Association’s Asset Management Industry Conference on Global Challenges and Opportunities in Boston, Commissioner Uyeda commented on investment research and the...more

A&O Shearman

Council of the European Union Agrees Negotiating Mandate on Retail Investment Package

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The Council of the European Union has announced that it has agreed its negotiating position on the retail investment package and published the relevant texts. The package consists of an amending Directive, known as the...more

Proskauer Rose LLP

Regulation Round Up - May 2024

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Key developments in May 2024: ESG: The Financial Conduct Authority (“FCA”) updated its webpage on the sustainability disclosure requirements (“SDR”) and investments labelling regime. Among other things, the webpage has been...more

Latham & Watkins LLP

Recent Developments for UK PLCs - May 2024 Edition

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On 10 April 2024, the FCA published its consultation paper (CP24/7) on payment optionality for investment research. This followed the Investment Research Review’s report from summer 2023, which recommended that the FCA should...more

Proskauer Rose LLP

Regulation Round Up - April 2024

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Financial Markets Infrastructure: The Bank of England published a speech by Sasha Mills, Executive Director, Financial Market Infrastructure, on operational resilience and its expectations of financial market infrastructures...more

A&O Shearman

UK Conduct Regulator Proposes Payment Optionality for Investment Research

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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

A&O Shearman

UK Regulator Consults on Proposed Reforms to the Commodity Derivatives Regulatory Framework

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The U.K. Financial Conduct Authority has launched a consultation on proposals for reforming the commodity derivatives regulatory framework, which covers position limits, the exemptions from those limits, position management...more

A&O Shearman

MiFID II/MiFIR – divergence emergence?

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Since the beginning of the Brexit transition period, developments in both the UK and EU have impacted the MiFID rules in various ways. In the UK, there have been changes under the EUWA on-shoring process; “quick-fix”...more

A&O Shearman

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

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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

Hogan Lovells

The European Commission’s Retail Investment Package – what do investment firms need to be prepared for?

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The European Commission adopted its Retail Investment Package on 24 May 2023 as part of its 2020 Capital Markets Union Action Plan. The main objective is to strengthen the protection of retail investors in the European Union...more

A&O Shearman

Key Regulatory Topics: Weekly Update 19 May - 25 May 2023

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The consumer/retail sector has been the subject of a number of publications this week, including the European Commission’s Retail Investment Package and the FCA’s consultation on a new framework for firms to better support...more

A&O Shearman

UK Government Publishes Draft Legislation Revising Application of the Ancillary Activities Test for Commodity Derivatives and...

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The U.K. government has published a draft statutory instrument (and related explanatory memorandum), which will be known as the Financial Services and Markets Act 2000 (Commodity Derivatives and Emission Allowances) Order...more

Latham & Watkins LLP

UK Government Kicks Off Investment Research Review

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The tone of the Call for Evidence indicates the controversial research unbundling rules could be primed for reform. On 3 April 2023, HM Treasury published a Call for Evidence as the first step in the independent review...more

Walkers

Central Bank launches its consultation paper CP152: Own funds requirements for UCITS management companies and AIFMs authorised for...

Walkers on

On 1 December 2022, the Central Bank of Ireland (the “Central Bank”) published its consultation paper CP152 on own funds requirements for UCITS management companies and AIFMs authorised for discretionary portfolio management...more

McDermott Will & Schulte

BaFin hält Dark Patterns in Trading Apps und Tradingportalen für unzulässig

McDermott Will & Schulte on

Die Bundesanstalt für Finanzdienstleistungsaufsicht („BaFin“) hat am 21. November 2022 in einer Mitteilung klargestellt, dass Wertpapierdienstleistungsunternehmen in Trading Apps oder Tradingportalen keine Dark Patterns...more

Proskauer Rose LLP

Regulation Round Up - January 2022

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Welcome to the Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation. ...more

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