On 1 February 2023, HM Treasury issued its latest proposals for the UK’s financial services regime for cryptoassets. It also issued a policy statement on its approach to the regulation of cryptoasset financial promotions. In this podcast Jonathan Herbst is joined by Albert Weatherill and Hannah Meakin who provide their views on the key headlines … Continue Reading
On 1 February 2023, the European Securities and Markets Authority (ESMA) published a final report on the clearing and derivative trading obligations in view of the 2022 status of the benchmark transition. The report sets out proposed draft regulatory technical standards (RTS) amending the scope of the clearing (CO) and derivative trading (DTO) obligations for … Continue Reading
On 1 February 2023, the European Commission published a Commission Delegated Regulation (EU) which amends the regulatory technical standards laid down in Delegated Regulation 2017/588 as regards the annual application date of the calculations of the average daily number of transactions for shares, depository receipts and exchange-traded funds for the purposes of the tick sizes. … Continue Reading
On 31 January 2023, the Bank of England (BoE) published a letter sharing the thematic findings from the latest annual cycle of CBEST assessments conducted by the BoE, the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA) (collectively, the regulators) on participating banks, insurers, asset and investment managers and financial market infrastructure. CBEST … Continue Reading
On 24 January 2023, the FCA issued a further update on its website regarding the ancillary activities exemption for commodity derivatives. The update follows a statement that the FCA published in March 2022 providing an update on the market share test and Handbook Notice No 99. In the statement of March 2022 the FCA said … Continue Reading
On 19 January 2023, the European Securities and Markets Authority (ESMA) published a consultation paper which sets out proposals for Level 3 guidance on post trade transparency fields. The guidance takes the form of a manual. In March 2022 ESMA published final reports which proposed amendments to Commission Delegated Regulation (EU) 2017/587 (RTS 1) and … Continue Reading
On 17 January 2023, the European Commission published a Commission Delegated Regulation (EU) which amends the regulatory technical standards laid down in Delegated Regulation (EU) 2017/587 as regards certain transparency requirements applicable to transactions in equity instruments. In particular, the Delegated Regulation seeks to harmonise the types of transactions that are considered to be non-price … Continue Reading
On 17 January 2023, the European Commission published a Commission Delegated Regulation amending the regulatory technical standards laid down in Delegated Regulation (EU) 2017/583 as regards certain transparency requirements applicable to transactions in non-equity instruments. In particular, the Delegated Regulation seeks to harmonise the types of transactions that are considered to be non-price forming and … Continue Reading
In our new podcast series, Split the difference, which explores divergence between the EU and UK regimes in the markets space, Jonathan Herbst, Hannah Meakin, Anna Carrier and Floortje Nagelkerke provide an overview of what we should be expecting and hoping to see in 2023.… Continue Reading
On 16 January 2023, the Regulation on digital operational resilience for the financial sector (DORA) entered into force. As DORA is new and complex EU legislation we have published a new briefing note, Digital Operational Resilience for the Financial Sector (DORA): 10 things to know.… Continue Reading
Every month we provide the Global Blockchain Business Council’s Post-Trade Distributed Ledger group with a global regulatory FinTech updater, the latest version of which can be found here. Post Trade Distributed Ledger (PTDL) Group is composed of over 40 prominent market infrastructure stakeholders whose shared vision of the use of distributed ledger technology has brought … Continue Reading
A new reporting obligation was introduced for LNG market participants through (EU) Council Regulation (EU) 2022/2576 of 19 December 2022 on enhancing solidarity through better co-ordination of gas purchases, reliable price benchmarks and exchanges of gas across borders (the Regulation). This obligation will be applicable starting on 13 January 2023. Background The Regulation was introduced … Continue Reading
On 15 December 2022, the European Securities and Markets Authority published a report in accordance with Article 8d of the Regulation on credit rating agencies (CRAs) setting out a list of registered CRAs and the types of credit ratings they issue, together with a calculation of CRA’s revenues from credit rating activities and ancillary services … Continue Reading
On 15 December 2022, the PRA and FCA co-published a Policy Statement ‘Margin requirements for non-centrally cleared derivatives: Amendments to BTS 2016/2251’. In the Policy Statement the PRA/FCA provides feedback to responses to their earlier Consultation Paper and sets out their final policy in the form of amendments to Binding Technical Standards (BTS) 2016/2251. In … Continue Reading
On 14 December 2022, the European Securities and Markets Authority (ESMA) published a public statement concerning the deprioritisation of supervisory actions on the obligation to publish RTS 27 reports after 28 February 2023 in light of the ongoing legislative procedure on the MiFID II/MiFIR review. Article 27(3) of MiFID II requires execution venues to make … Continue Reading
Every month we provide the Global Blockchain Business Council’s Post-Trade Distributed Ledger group with a global regulatory FinTech updater, the latest version of which can be found here. Post Trade Distributed Ledger (PTDL) Group is composed of over 40 prominent market infrastructure stakeholders whose shared vision of the use of distributed ledger technology has brought them … Continue Reading
On 6 December 2022, the Global Foreign Exchange Committee (GFXC) issued a press release concerning its recent video conference meeting where, among other things, it nominated and elected a new Co-Vice Chair. Also during the meeting GFXC members also agreed to commission a Digital Proportionality Tool for facilitating FX Global Code adherence. This tool to … Continue Reading
On 1 December 2022, the FCA issued a Dear CEO letter regarding its contracts for difference (CFD) strategy. In the letter the FCA reminds firms offering CFDs that CFDs are highly leveraged derivatives and adverse price movements in relevant markets can lead to substantial losses for consumers. The letter outlines the FCA’s expectations and highlights … Continue Reading
On 25 November 2022, the European Securities and Markets Authority (ESMA) published a report on administrative sanctions imposed under the Benchmarks Regulation in 2021. This is the first annual sanctions report pursuant to the Benchmarks Regulation published by ESMA, as this is the first time a Member State national competent authority (NCA) (Germany) imposed an … Continue Reading
On 28 November 2022, there was published in the Official Journal of the European Union(OJ) Commission Delegated Regulation (EU) 2022/2310 of 18 October 2022 amending the regulatory technical standards laid down in Delegated Regulation (EU) No 149/2013 as regards the value of the clearing threshold for positions held in over-the-counter (OTC) commodity derivative contracts and … Continue Reading
On 28 November 2022, the European Securities and Markets Authority (ESMA) published a final report on the review of the regulatory technical standards (RTS) on the form and content of an application for recognition under the Benchmarks Regulation. Under Delegated Regulation (EU) 2018/1645, an application for recognition of a third country administrator needs to include … Continue Reading
On 25 November 2022, the European Securities and Markets Authority (ESMA) published updated Q&As on: The Central Securities Depositories Regulation. ESMA has inserted a new Q&A on settlement fails. The Market Abuse Regulation. ESMA has revised the Q&A regarding the prevention and detection of market abuse (persons professionally arranging or executing transactions).… Continue Reading
