Charlotte Henry

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Financial services monthly wrap up – February 2020

The month of February 2020 has seen the passing of a number of bills implementing recommendations from the financial services Royal Commission, including measures strengthening the Australian Securities and Investments Commission’s (ASIC) licensing, search warrant and banning powers as well as reforms to protect consumers. February has also seen the welcoming of proposals from both … Continue Reading

Financial services monthly wrap up: December 2019 to January 2020

The months of December 2019 and January 2020 have proven to be a busy time for our Government and regulators, with significant changes and proposals for the funds and financial services sector. In particular, Treasury have released 17 bills in response to 22 recommendations made by Commissioner Hayne in the Royal Commission into Misconduct in … Continue Reading

BEAR Extension (Australia)

On 22 January 2020 the Australian Government released its proposal paper for extending the Banking and Executive Accountability Regime (BEAR) in Australia to entities regulated by Australia’s prudential regulator, APRA. The extension, known as the Financial Accountability Regime (FAR) is another step in implementing some of the commitments set out in the Government’s Financial Services … Continue Reading

Financial services monthly wrap up – November 2019

The month of November 2019 saw the much-anticipated updates to Regulatory Guide 97 ‘Disclosing fees and costs in PDSs and periodic statements’ released by ASIC, providing further reforms and guidance in relation to fees and costs disclosure requirements. In addition, APRA has released updated information sheets and prudential standards addressing concerns such as governance, culture, … Continue Reading

Financial services monthly wrap up – October 2019

In October 2019, the much-anticipated bill to end grandfathered conflicted remuneration was passed, with the ban effective from 1 January 2021. There have also been recent developments in the Courts in relation to the definition of personal advice as well as a joint ASIC report on the role and shortcomings of disclosure in financial services. … Continue Reading

Financial services monthly wrap up – August 2019

In August 2019, ASIC announced plans to review the transition away from grandfathered conflicted remuneration and has proposed to use its new product intervention powers with respect to binary options and contracts for difference (CFDs). APRA and the Treasury have also provided an update on the implementation of recommendations made from the Royal Commission into … Continue Reading

Financial services monthly wrap up – July 2019

In July 2019, ASIC released the highly anticipated consultation on foreign financial services providers (FFSPs) licensing relief in Australia and announced that it had requested that exchange market operators not admit any managed funds that do not disclose their portfolio holdings daily and which have internal market makers. ASIC implements pause on admission of managed … Continue Reading

What do ASIC’s proposals mean for foreign financial services providers?

Introduction As noted in our earlier update, ASIC has released its updated proposals for the licensing relief available to foreign financial services providers (FFSPs) servicing wholesale clients in Australia, with the release of Consultation Paper 315. In summary, ASIC has proposed to: extend the expiry of the sufficient equivalence relief and limited connection relief until … Continue Reading

Financial services monthly wrap up – June 2019

In June 2019 ASIC released its estimates for the Industry Funding levy for the 2018-19 financial year. Further, ASIC and APRA have formally commenced consultation on product intervention powers and product responsibility under the Banking Executive Accountability Regime respectively. 1 July 2019 also marks the commencement date of a variety of new and updated legislation … Continue Reading

Financial services monthly wrap up – May 2019

The May issue of the financial services monthly wrap up is now available. In this issue we report on: ASIC releases market integrity report for 1 July to 31 December 2018; ASIC releases guidance on ICOs and crypto-assets; ASIC invites public consultation in relation to complaints handling standards of financial institutions; ASIC Annual Forum 2019; … Continue Reading

FCA finalised guidance on statements of responsibilities and responsibilities maps for FCA firms

On 8 March 2019 the FCA published Finalised Guidance 19/2: Senior Managers and Certification Regime: Guidance on statements of responsibilities and responsibilities maps for FCA firms (FG19/2). The purpose of FG19/2 is to give FCA solo regulated firms practical assistance and information on preparing the statement of responsibilities and responsibilities maps. FG19/2 is ‘general guidance’ … Continue Reading

ESAs propose draft RTS to clarify application date of KID to investment funds

On 8 March 2019, the Joint Committee of European Supervisory Authorities (ESAs) published a letter to the European Commission regarding amending the PRIIPs Regulation to  clarify the application of the key information document (KID) to multi-option products. The text of the draft regulatory technical standards (RTS) amending PRIIPs are annexed to the letter. In their … Continue Reading

Brexit: Financial Services breakfast briefing – 6 March 2019

The recording of our March webinar briefing on Brexit is now available. To access the recording, please click here. During the webinar our speakers focused on the following questions: Where are we at politically and how does the political overlay impact on firms practically? What are the possible outcomes (Deal, No Deal, Extension) and what … Continue Reading

Brexit: Financial Services breakfast briefing – 6 March 2019

As previously advertised, the monthly financial services breakfast briefing on Wednesday 6 March will take the form of a webinar rather than a seminar. The webinar will start at 9:00am and finish at 9:30am. The webinar will focus on Brexit, specifically our speakers will share their thoughts on the following questions: Where are we at … Continue Reading

Final text of voluntary industry code for reimbursement of victims of APP scams agreed

On 28 February 2019, the Authorised Push Payments (APP) Scams Steering Group (the Steering Group) published  the voluntary Contingent Reimbursement Model Code for APP Scams (the Code). APPs are made when people request their bank or building society (payment services providers (PSPs)) to make a payment from their account to another account. Scams involving APPs … Continue Reading

FCA calls on firms to act following review of costs and charges disclosure in the investment sector

On 28 February 2019, the FCA published its key findings of supervisory work to assess the effectiveness of disclosure by asset managers and intermediaries to their retail customers. The FCA’s work was prompted by new disclosure requirements on costs and charges introduced by MiFID II and PRIIPs, which came into effect in January 2018. Review … Continue Reading

UK regulators issue near final rules for no-deal Brexit

On 28 February 2019, the FCA, PRA and Bank of England (BoE) (collectively, the Regulators) published a number of policy documents following on from their Autumn 2018 consultations, on their respective approaches to a hard Brexit. FCA: Brexit Policy Statement: Feedback on CP18/28, CP18/29, CP18/34, CP18/36 and CP19/2 The FCA has provided its response to … Continue Reading

Brexit: Financial Services breakfast briefing

As the March 29 deadline looms large for the UK’s exit from the EU we are going to slightly deviate from the monthly 40 minute briefing format. The briefing on 6 March will take the form of a 30 minute webinar from 9:00am to 9:30am, in which our financial services partners will discuss what they … Continue Reading

Council of EU invited to agree on general approach for ESFS reforms

On 8 February 2019, the Presidency of the Council of the EU published a note concerning the general approach to the review of the European System of Financial Supervision (ESFS). The note mentions that the latest compromise proposal for a negotiating mandate on the European Supervisory Authorities framework, MiFID II and Solvency II, and the … Continue Reading

ESAs publish recommendations on changes to the PRIIPs KID

On 8 February  2019, the European Supervisory Authorities (ESAs)  issued final recommendations following their consultation on targeted amendments to the Delegated Regulation covering the rules for the key information document (KID) for packaged retail and insurance based investment products (PRIIPs). The ESAs have decided not to propose targeted amendments at this stage. Instead they will … Continue Reading

Banking leaders share their insights on adopting the SM&CR

On 7 February 2019, the FCA published a new video on its website in which senior leaders from four financial services firms talk about their experiences of adopting the Senior Managers and Certification Regime. Our SMCR toolkit is a subscription service providing access to all of the key documents that firms need to implement the … Continue Reading

SM&CR – The role of in-house legal / general counsel

Two years ago the FCA issued a statement regarding its supervisory intentions concerning whether an individual in charge of a firm’s legal function required approval under the Senior Managers’ and Certification Regime (SM&CR). Specifically, the statement was in response to firms asking the regulator how Senior Management Function 18 – Other Overall Responsibilities (SMF18) applies … Continue Reading

FCA consults on optimising the SM&CR

On 23 January 2019, the FCA published Consultation Paper 19/4 (CP19/4), ‘Optimising the Senior Managers & Certification Regime (SM&CR) and feedback to DP16/4 – Overall responsibility and the legal function’. CP19/4 should be read by firms subject to the banking SM&CR; insurers; FCA solo-regulated firms authorised under FSMA; and EEA and third country branches. The … Continue Reading

PRA Policy Statement on changes to notification and application forms

On 17 January 2019, the PRA published Policy Statement 2/19: Regulatory transactions – changes to notification and application forms (PS2/19). PS2/19 provides the final rules and forms to to its earlier consultation (CP21/18) (our blog is here). The PRA received no responses to its consultation. The PRA is consequently making the changes to the rules … Continue Reading