September 2024

Recent FCA outcomes and a speech by the ECB earlier this month are stark reminders that financial resilience alone is not a sufficient safeguard to operate in today’s increasingly complex risk environment – firms must have robust, resilient operational systems in place, as well. (See our comments on the ECB speech).

From an enforcement

  • 23 September 2024 – On 12 July 2024, the European Supervisory Authorities issued a consultation paper on guidelines on templates for explanations and opinions, and the standardised test for the classification of crypto-assets, under Article 97(1) of the Regulation on Markets in crypto-assets (MiCAR). The ESAs will hold a virtual

On 19 September 2024, HM Treasury (HMT) and the Financial Conduct Authority (FCA) announced their plans to reform UK retail disclosure rules. They also confirmed that they will temporarily exempt investment trusts from assimilated EU law requirements.

Reforming the UK retail disclosure rules

As part of the ongoing reform programme for

On 17 September 2024, the European Parliament approved the final texts of twenty corrigenda relating to proposals that were adopted earlier this year but had not completed lawyer-linguist reviews before the European Parliament elections. The new Parliament had to approve the texts under the corrigenda procedure. The proposals include the Regulation on horizontal cybersecurity requirements

On 18 September 2024, the Financial Conduct Authority (FCA) published an update on how firms across the financial services sector have assessed their products and services against the price and value outcome of the Consumer Duty. The update collates insights from the first year of the implementation of the outcome and is intended

Speak up and other internal investigations are on the rise (see our article here) amid increasing scrutiny from the media, public, authorities and other stakeholders of how investigations are conducted. Indeed, in higher profile matters the way in which an investigation is conducted can receive as much attention as the underlying issues.

The recent

On 18 September 2024, the Payment Systems Regulator (PSR) published a consultation paper, CP24/12, on a draft statement of policy on its cost benefit analysis (CBA) framework.

The Financial Services and Markets Act 2023 introduced additional CBA accountability requirements for the PSR, including a requirement to publish a statement of

On Tuesday 17 September, Commission Present-elect Ursula von der Leyen published her long-awaited list of European Commissioner-designates and the allocation of their portfolios. The presentation of the Commissioner-designates and their responsibilities is a key step in the transition to the 2024-2029 legislative term. The process for selecting candidate Commissioners has been complex so far, as

On 17 September 2024, there was published in the Official Journal of the EU a Corrigendum to Regulation 2023 as regards the requirements pertaining to the investment policies and operating conditions of European long-term investment funds and the scope of eligible investment assets, the portfolio composition and diversification requirements and the borrowing of cash and