United Kingdom

Topic: Brexit

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Free Trade Agreement between the UK, and Norway, Iceland and Liechtenstein

On 16 July 2021, the UK announced that it had entered into a Free Trade Agreement with Norway, Iceland and Liechtenstein. Sub-section 3.5.3 of the Free Trade Agreement covers financial services. Alongside the Free Trade Agreement the following joint declarations have also been entered into: UK-Norway, Iceland, and Liechtenstein FTA: joint declaration on financial services … Continue Reading

Treasury Committee report – The Future Framework for Regulation of Financial Services

On 6 July 2021, the House of Commons’ Treasury Committee published a report on The Future Framework for Regulation of Financial Services. Among other things the Committee: Agrees with HM Treasury that the EU financial services rules that were on-shored during Brexit should be moved into the UK regulator’s rulebooks. Does not believe that there … Continue Reading

Independent report: Taskforce on Innovation, Growth and Regulatory Reform

On 15 June 2021, the  Government reported that the Taskforce on Innovation, Growth and Regulatory Reform had reported its recommendations to the Prime Minister on how the UK can reshape regulation and seize new opportunities from Brexit. The Taskforce was asked by the Government to look at ways to refresh the UK’s approach to regulation … Continue Reading

ESMA board of supervisors and FCA CEO exchange views

On 9 April 2021, the European Securities and Markets Authority (ESMA) published a summary of conclusions following its meeting of board of supervisors on 23 February 2021. Among other things the summary refers to co-operation with the UK FCA and meeting its CEO Nikhil Rathi. The summary notes that there was an exchange of views … Continue Reading

ESMA clarifies corporate disclosures obligations for UK issuers after Brexit

On 31 March 2021, the European Securities and Markets Authority (ESMA) issued a statement concerning the application of transparency requirements by UK issuers with securities admitted to trading on regulated markets in the EU under Article 4 of the Transparency Directive (TD). ESMA is issuing the statement to promote common supervisory practices among Member State … Continue Reading

Technical negotiations concluded on UK – EU Memorandum of Understanding

On 26 March 2021, HM Treasury issued a press release stating that technical discussions on the text of the Memorandum of Understanding (MoU), which was agreed in a Joint Declaration on Financial Services Regulatory Cooperation alongside the Trade and Cooperation Agreement, have now been concluded. The statement adds that formal steps need to be undertaken … Continue Reading

FCA statement on the review of the approach to the UK’s derivatives trading obligation

On 24 March 2021, the FCA issued a statement on its website concerning a review of the approach to the UK’s derivatives trading obligation (DTO). In December the FCA published a statement on its use of the Temporary Transitional Power (TTP) to modify the application of the DTO. In that statement the FCA said that … Continue Reading

New FCA webpages on TPR

On 3 March 2021, the FCA published the following webpages: Supervising firms in the TPR. This webpage provides a brief summary of how the FCA supervises firms in the temporary permissions regime (TPR). In particular, it reminds firms in the TPR that in some cases different rules apply when compared to when they were passporting … Continue Reading

Enhancing regulatory accountability through increased challenge

Executive summary The ability of firms to effectively challenge regulatory decisions on rule-making and rule application is a key part of holding regulators properly to account. Whilst there are existing review mechanisms in place for firms such as the ability to seek judicial review through the courts, some features of these mechanisms may currently be … Continue Reading

FCA publishes approach document on international firms

On 3 February 2021, the FCA published an approach document setting out the factors that it will consider when it assesses international firms. The approach document will be relevant when international firms apply for authorisation and when the FCA supervises them. It also sets out the circumstances in which international firms could present higher risks … Continue Reading

ESMA statement of reverse solicitation

On 13 January 2021, the European Securities and Markets Authority (ESMA) issued a public statement designed to remind firms of the MiFID II requirements on the provision of investment services to retail or professional clients by firms not established or situated in the EU. The public statement notes that there have been some questionable practices … Continue Reading

Commissioner McGuinness’ opening remarks at the ECON Committee Structured Dialogue

On 25 January 2021, the European Commission published Commissioner Mairead McGuinness’ opening remarks at the ECON Committee Structured Dialogue. Among other things Commissioner McGuinness covers Brexit stating that talks have not yet started on the Memorandum of Understanding that the parties have agreed to reach by March 2021. She also adds that the Commission envisages … Continue Reading

Summary of temporary transitional measures for EU27 Member States – Update

On 24 December 2020, we posted an update on the EU27 temporary transitional measures. Since posting this update, we understand that there have been further developments in several EU27 Member States as to the temporary transitional measures that are available, and we have updated our summary table to reflect these developments. The summary table reflects … Continue Reading

Inquiry on the future UK-EU relations on trade in services launched

On 15 January 2021, the House of Commons’ EU Services Sub-Committee launched its inquiry into the future of UK-EU relations on trade in services. The inquiry will examine the impact of the provisions set out in the UK-EU Trade and Cooperation Agreement on the UK’s services sector. The service sectors of interest to the Committee’s … Continue Reading

The Markets in Financial Instruments (Switzerland Equivalence) Regulations 2021

On 13 January 2021, there was published on legislation.gov.uk The Markets in Financial Instruments (Switzerland Equivalence) Regulations 2021 together with an explanatory memorandum. The statutory instrument specifies that the legal and supervisory framework for stock exchanges in Switzerland meet at least equivalent outcomes to the UK’s corresponding regime. It will allow UK investment firms subject … Continue Reading

Brexit – Reminder from the French regulator to UK financial institutions on their obligations towards customers residing in France

On 4 January 2021, the French regulator (the Autorité de Contrôle Prudentiel et de Résolution – ACPR) issued a press release reminding UK authorised financial institutions (including those located in Gibraltar) of their obligations towards customers residing in France. As of 1 January 2021, European law is no longer applicable in the United Kingdom (UK). … Continue Reading

Brexit – France clarifies the form and content of the information to be provided by UK insurers to their French insureds and policyholders following Brexit – Update

As mentioned in our previous post published in April 2019, the French Ministry of Economy and Finance passed a decree dated 22 March 2019 (the March 2019 Decree) implementing the provisions of the ordinance n°2019-75 of 6 February 2019, introducing a contingency plan for the financial services sector in connection with the withdrawal of the … Continue Reading

Update on MoUs

On 4 January 2021, the FCA issued a new webpage concerning the memoranda of understanding (MoUs) that it had entered into with European authorities and which became effective at the end of the transition period. The MoUs include: A multilateral MoU with EU and EEA national competent authorities covering supervisory cooperation, enforcement and information exchange. … Continue Reading

Gibraltar – passporting arrangements

On 31 December 2020, the FCA published a new webpage concerning passporting in and out of Gibraltar. The webpage covers how firms can passport between the UK and Gibraltar until 31 December 2021. On 4 January 2021, the PRA also published a new webpage concerning Gibraltar passporting arrangements. Passporting rights will continue for firms operating … Continue Reading