On 9 January 2019, the European Banking Authority (EBA) published a report containing the results of its assessment of the applicability and suitability of EU law to crypto-assets. The report states that based on the analysis conducted by the EBA, crypto-assets typically fall outside the scope of EU financial services legislation and specific services relating … Continue Reading
On 24 July 2018, the European Banking Authority (EBA) published a report setting out the outcome of its assessment of the European Commission’s call for advice on European Secured Notes (ESNs). The report makes 5 recommendations on key aspects for consideration by the European Commission when structuring the legislative framework for ESNs: Small and medium-sized … Continue Reading
On 25 July 2018, the Bank of England (BoE) published its statement of compliance (as at 14 May 2018) with the International Organization of Securities Commission (IOSCO) principles for financial benchmarks. The IOSCO principles, which the statement shows BoE in compliance with, ensure international best practice in the BoE’s administration of the Sterling Overnight Index … Continue Reading
On 24 July 2018, HM Treasury outlined its plans to propose secondary legislation on the continuation of settlement finality protections (relating to the Settlement Finality Directive (98/26/EC) (SFD)) after Brexit. HM Treasury envisages the legislation will: Allow designations of non-UK financial market infrastructure (FMIs) under the Financial Markets and Insolvency (Settlement Finality) Regulations 1999 and … Continue Reading
On 25 July 2018, the FCA published final notices that it has issued to four former directors and shareholders of Secure My Money Limited (now dissolved), prohibiting them from performing any function relating to any regulated activity: Mark Kennedy. David Mullins. Edward Booth. Christopher Brotherton. The final notices state that that between November 2013 and … Continue Reading
On 24 July 2018, the Financial Services and Markets Act 2000 (Ring-fenced Bodies and Core Activities) (Amendment) Order 2018 (SI 2018/897) (Amendment Order) was published. The Amendment Order, which comes into force on 31 October 2018, amends the definition of “core deposit” in the Financial Services and Markets Act 2000 (Ring-fenced Bodies and Core Activities) … Continue Reading
On 24 July 2018, the FCA published its approach to the temporary permissions regime (TPR) for EEA firms and funds passporting into the UK. The TPR is designed to enable EEA firms currently operating in the UK to continue using their passport for a limited period after Brexit (the draft Regulations envisage a 3 year … Continue Reading
On 24 July 2018, HM Treasury published a draft version of the EEA Passport Rights (Amendment, etc, and Transitional Provisions) (EU Exit) Regulations 2018. Among other objectives, the draft Regulations aim to: Remove references to passporting set out in the Financial Services and Markets Act 2000 and in other UK legislation, in preparation for Brexit; … Continue Reading
On 24 July 2018, ESMA published a follow-up report to its peer review on suitability requirements under MiFID. The report looks at the actions taken by National Competent Authorities (NCAs) since April 2016, when ESMA published its previous peer review report. Follow-up work was commenced in December 2017. The key points from the follow-up report … Continue Reading
On 24 July 2018, the Payment Systems Regulator (PSR) published draft terms of reference for a proposed market review into the supply of card-acquiring services in the UK (MR18/1.1). The review is designed to ensure that card-acquiring services remain competitive and fair for both merchants and consumers. The review is prompted by concerns that card … Continue Reading
On 6 July 2018, the FCA published its response to the recommendations made by the Environment Audit Committee in its June 2018 report, Greening Finance: embedding sustainability in financial decision making. The FCA’s comments included: The FCA will consult on rule changes requiring independent governance committees to report on their firm’s policies on evaluating environmental, … Continue Reading
On 24 July 2018, the FCA published two papers relating to the way it assesses the potential impact of its policies prior to implementing rules. The theme of the papers reflect the FCA’s increased focus on impact evaluation which was established in its Mission 2017. The first paper (How we analyse the costs and benefits … Continue Reading
The Upper Tribunal has upheld the FCA’s decision to prohibit Arif Hussein, a former trader, on the basis that he failed to be candid and truthful during the enforcement process. In the decision, the Tribunal was critical of the FCA’s focus on the relatively junior trader, who was put under investigation in relation to a … Continue Reading
The Tribunal has held that third party rights do not arise in the context of Supervisory Notices, nor do the relevant provisions allow third parties to refer Supervisory Notices to the Tribunal, even where they are identified. Although Parliament has specifically provided for this right in the context of Warning and Decision Notices, it has … Continue Reading
