April 2018

On 13 April 2018, the Financial Markets Law Committee (FMLC) published a paper setting out certain legal uncertainties as regards the European Commission’s proposal to amend the moratorium provisions within the Bank Recovery and Resolution Directive. Specifically the FMLC considers four sets of uncertainties relating to:

  • the existing moratorium powers;
  • financial collateral arrangements;
  • custody requirements;

On 11 April 2018, the European Parliament’s Committee on Economic and Monetary Affairs (ECON) published a draft report on the proposed Directive on the prudential supervision of investment firms. The draft report contains a draft European Parliament legislative resolution which sets out suggested amendments to the draft Directive.

The Rapportuer for the draft Directive, Markus

On 12 April 2018, the Joint Committee of the European Supervisory Authorities (ESAs) published a report for the second half of 2017 which outlines the following risks as potential sources of instability:

  • sudden repricing of risk premia as witnessed by the recent spike in volatility and associated market conditions;
  • uncertainties around the terms of the

On 11 April 2018, the Confederation of British Industry (CBI) published a report, a Smooth operation, which seeks to inform the Brexit negotiations by outlining where British businesses want to stay close to EU rules and where they want divergence. The report is based on interviews with different UK businesses, from architects to zoos,

On 11 April 2018, the European Commission issued legislative proposals for a new deal for consumers to ensure that EU consumers fully benefit from their rights under EU law.

In summary the new deal seeks to strengthen consumer rights online and give consumers the tools to enforce their rights and get compensation. In terms of

On 12 April 2018, the European Central Bank (ECB) published an opinion on the draft Regulation that amends the Regulation that establishes the European Banking Authority (EBA Regulation). The draft Regulation forms part of a comprehensive package of proposals to reform the European System of Financial Supervision introduced in September 2017, consisting of the three

At the end of March 2018 the German Federal Financial Supervisory Authority (BaFin) published an advisory letter on the classification of tokens as financial instruments. The advisory letter has been published in response to the rising number of queries the BaFin’s Securities Supervision / Asset Management Directorate has received as regards whether the