On 17 December 2018, the European Commission published a draft Delegated Regulation supplementing the Transparency Directive (as amended) with regard to regulatory technical standards on the specification of a single electronic reporting format. The draft Delegated Regulation specifies the single electronic reporting format, as referred to in Article 4(7) of the Transparency Directive (as amended),
December 2018
Commission proposes to extend equivalence for Swiss share trading venues for six months
On 17 December 2018, the European Commission issued a press release stating that it is proposing to extend for six months its decision to recognise trading venues in Switzerland as eligible for compliance with the trading obligation for shares set out in MiFID II and MiFIR. The Commission is currently consulting Member States on the…
2019 SEPA scheme rulebooks – EPC implementation guidelines
On 17 December 2018, the European Payments Council published the following implementation guidelines relating to the Single Euro Payments Area (SEPA) direct debit (SDD) core rulebook and the SDD business-to-business (B2B) rulebook:
- SDD core scheme customer-to-bank implementation guidelines (EPC130-08);
- SDD core scheme e-mandate service implementation guidelines (EPC002-09);
- SDD core scheme interbank implementation guidelines (EPC114-06);
…
FCA Market Watch 58
On 17 December 2018, the FCA published Market Watch 58.
In this issue of Market Watch the FCA reports on its review of industry implementation of the Market Abuse Regulation (MAR). It also considers ‘manufactured credit events’ in the credit default swap market. Among other things the FCA states that complying with MAR is…
ECB guidance on white team’s roles and responsibilities in TIBER-EU test
On 17 December 2018, the European Central Bank (ECB) published guidance on a white team’s roles and responsibilities in a TIBER-EU test.
The Threat Intelligence-based Ethical Red Testing (TIBER-EU) Framework enables European and national authorities to work with financial infrastructures and institutions to put in place a programme to test and improve their resilience against…
EBA final guidelines on disclosure of non-performing and forborne exposures
On 17 December 2018, the European Banking Authority (EBA) published final guidelines on disclosure of non- performing and forborne exposures. The aims of the guidelines are to ensure the provision of meaningful information to market participants on credit institutions’ asset quality and to gain a better insight into the distribution and level of collateralisation of…
Update on Brexit statutory instruments
On 17 December 2018, a draft of The Collective Investment Scheme (Amendment etc) (EU Exit) Regulations were laid before Parliament. Our blog of 10 October 2018 discusses the Regulation. On the same date a draft of The Long-term Investment Funds (Amendment) (EU Exit) Regulations 2019 were also laid before Parliament. Our blog of 20 November…
Germany: Update regarding outsourcing by German fund management companies to UK asset managers following a hard Brexit
Subject to certain conditions set out in the AIFM- and UCITS-Directives, as transposed into domestic law, German fund management companies may outsource tasks to service providers. Such outsourcing is particularly relevant for the popular business model of the so-called “Master-KVG”-structure in Germany: Fully compliant with the prohibition of a letter box, the German fund management…
India amends anti-corruption law
Earlier this year, the Indian Parliament enacted the Prevention of Corruption Act (Amendment) Act 2018 (the Act) in July, effecting a raft of changes to the Prevention of Corruption Act 1988 (PCA). Those set out below are worthy of particular note for businesses operating in India.
- It is now an offence for any person to
…
AFM: insufficient knowledge to prevent anti-money laundering at investment firms
On 17 December 2018, the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten, AFM) published a news item on the outcome of its periodical investigation into investment firms and their compliance with the Act on the prevention of money laundering and financing of terrorism (Wet ter voorkoming van witwassen en…