News & Analysis as of

MiFID II Cross-Border Transactions

A&O Shearman

UK lays legislation to implement Berne Financial Services Agreement

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The draft Financial Services and Markets Act 2023 (Mutual Recognition Agreement) (Switzerland) Regulations 2025 have been laid before Parliament and published with a draft explanatory memorandum. The Regulations seek to...more

A&O Shearman

UK equivalence regulations for Swiss CCPs and margin for OTC derivatives not centrally cleared

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The OTC Derivatives Risk Mitigation and Central Counterparties (Equivalence) (Switzerland) Regulations 2025 have been laid before Parliament and published with an explanatory memorandum. The Regulations, made on 16 July,...more

A&O Shearman

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

A&O Shearman on

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

McDermott Will & Schulte

COVID-19 – Legal (Current or Future) Implications on Doing Business in Italy

Coronavirus (COVID-19) has been causing serious consequences in several countries. Italy has been one of the most affected countries since February 2020 and the implications of a considerable spread of the contagion over the...more

Latham & Watkins LLP

AMF Proposals to Revive the Research Industry in France

Latham & Watkins LLP on

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

Latham & Watkins LLP

Third-Country Firms Operating Cross-Border Into the EU - Upcoming Reform

Latham & Watkins LLP on

Firms outside of Europe should be aware of planned upcoming changes to how they access European markets. Key Points: ..The EU legislators have been reviewing various financial services regimes and developing reforms...more

Latham & Watkins LLP

A Tipping Point for the Regulation of Cryptoassets in the EU?

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The EC consults on existing cryptoasset regulatory framework and considers a separate EU framework for cryptoassets outside the current scope.  On 19 December 2019, the European Commission (EC) launched a public...more

Katten Muchin Rosenman LLP

Corporate & Financial Weekly Digest, Featuring the Lasted Guidance From the CFTC, the NFA and ESMA

BROKER-DEALER - FINRA Expands Transparency Initiative Related to OTC Equity Trading Volume - The Financial Industry Regulatory Authority (FINRA) previously announced an expansion to its ongoing transparency initiative...more

Proskauer Rose LLP

Regulation Round Up - November 2019

Proskauer Rose LLP on

1 November - The Prudential Regulation Authority ("PRA") published a Dear CEO letter in relation to the reliability of regulatory returns. Firms are expected, if asked, to be able to respond promptly to a request from...more

A&O Shearman

Financial Stability Board Publishes Report on Progress of Over-The-Counter Derivatives Market Reforms #2

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The Financial Stability Board has published a report on the progress its member jurisdictions have made in 2019 on the implementation of agreed G20 reforms to over-the-counter derivatives markets. The report finds that there...more

A&O Shearman

Financial Stability Board Publishes Report on Progress of Over-The-Counter Derivatives Market Reforms

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The Financial Stability Board has published a report on the progress its member jurisdictions have made in implementing the agreed G20 reforms to over-the-counter derivatives markets in 2018. The report finds that good...more

White & Case LLP

Financial Institutions M&A: Sector trends - June 2019: Asset/Wealth management

White & Case LLP on

Financial institutions M&A sector trends: asset/wealth management — H1 2019 and outlook for H2 2019 - CURRENT MARKET - Consistent, high activity levels. WE ARE SEEING - Industry consolidation—mostly smaller deals....more

K&L Gates LLP

Brussels Regulatory Brief: June 2019

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INSTITUTIONAL DEVELOPMENTS - The New European Parliament: More Fragmentation, Ad Hoc Coalitions, And Greener Policies? The results of the May 2019 European Parliament (“EP”) elections resulted in a more complex European...more

White & Case LLP

Financial Regulatory Observer – March 2019: FRO in-depth: The future of cryptoassets regulation

White & Case LLP on

Partners Julia Smithers Excell and Stuart Willey, and associate Laura Kitchen of global law firm White & Case take a deep dive on the latest publications from EU and UK regulators aimed at providing supervisory clarity on the...more

A&O Shearman

On the Existence of a Pan-European Reverse Solicitation Regime Under MiFID II, and Its 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. into...more

White & Case LLP

Brexit preparedness for financial services: the German response

White & Case LLP on

The House of Commons recently rejected the Withdrawal Agreement. While the UK Parliament is still debating how to leave the EU, a hard Brexit remains an option. To prepare for this possibility, the UK, EU Commission and EU27...more

Jones Day

Sustainable Finance Regulations, Rules, and Guidelines in the European Union and United States—Time to Get Prepared

Jones Day on

Due to the increasing awareness of the importance of environmental, social, and governance ("ESG") initiatives, the European Commission came forward at the end of May 2018 with a proposal related to this topic. The proposal...more

Jones Day

Game Changer for Cryptocurrency in Germany? Court Holds No License Required to Trade Bitcoins

Jones Day on

The Court Decision: On September 25, 2018, the Higher Regional Court of Berlin held that bitcoins would not qualify as financial instruments for the purposes of the German Banking Act (Kreditwesengesetz, "KWG"), thus...more

Katten Muchin Rosenman LLP

Corporate & Financial Weekly Digest, Featuring Articles on CA Law on Female Board Representation, Cross-Border Swaps Regulation,...

SEC/CORPORATE - California Adopts Law Regarding Female Representation on Boards of Directors of Publicly Held Companies - On September 30, California Governor Jerry Brown signed into law California Senate Bill 826 (SB...more

Orrick, Herrington & Sutcliffe LLP

MIFID II: Performing Investment Services and Activities by Institutions Based in Third Countries in Italy

The performance of investment services and activities by entities established in third countries in Italy is becoming an increasing concern among specialized operators for the obvious reason, which will be discussed...more

A&O Shearman

ESMA Sounds a Death Knell for Cross-Border Exchange Access, in Conflict With UK Legislation and MiFIR

A&O Shearman on

Guidance of questionable legal accuracy from the European Securities and Markets Authority (ESMA) casts doubt on the ability of non-EU members of EU exchanges to provide client access to such exchanges through a technique...more

A&O Shearman

MiFID II, Research and Extraterritoriality: The SEC, European Commission and FCA Solution

A&O Shearman on

On October 26, 2017, the US Securities and Exchange Commission, European Commission and the UK Financial Conduct Authority released, in a coordinated manner, a series of significant orders and guidance to address some of the...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

OFR Issues Report Challenging Standard for Identifying Systematically Important Banks - On October 26, 2017, the Office of Financial Research ("OFR"), an arm of the Treasury Department, issued a Report of its Director that...more

Orrick, Herrington & Sutcliffe LLP

MiFID II – Svolgimento in Italia di servizi ed attività di investimento da parte di enti insediati in paesi terzi – obbligo di...

La prestazione in Italia di servizi ed attività di investimento da parte di soggetti insediati in paesi terzi sembra stia diventando sempre più di maggior interesse tra gli operatori specializzati, per le ovvie ragioni di cui...more

Latham & Watkins LLP

MiFID II Research – Relief at Last?

Latham & Watkins LLP on

US and EU authorities have finally moved to solve the cross-border issues arising from MiFID II rules on research unbundling. Key Points: - The US SEC has published three temporary “no action” letters, which are...more

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