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Topic: Market abuse

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ESMA updates MAR Q&As

On 1 October 2018, the European Securities and Markets Authority (ESMA) updated their Q&As on the Market Abuse Regulation (MAR). Three new Q&As have been added relating to the delayed disclosure of inside information under Article 17(5) of the MAR, which can be found on pages 13 – 15 of the Q&As.… Continue Reading

FCA Market Watch: issue 56

The FCA has published the latest issue of its newsletter Market Watch (issue 56). Market Watch is the FCA’s newsletter on market conduct and transaction reporting issues, in this issue the FCA covers: observations on market abuse surveillance; calibration of surveillance systems; assessing the risk of market abuse; fixed income surveillance; firm rationales for failings; and … Continue Reading

FCA proposed guidance on financial crime systems and controls: insider dealing and market manipulation

On 27 March 2018, the FCA issued Guidance Consultation 18/1: Proposed guidance on financial crime systems and controls: insider dealing and market manipulation (GC18/1). The FCA is proposing to update the financial crime guide for firms (Guide) with an additional chapter on insider dealing and market manipulation. The new chapter will outline the FCA’s observations … Continue Reading

Implementing Regulation on ITS on co-operation under MAR published in OJ

There has been published in the Official Journal of the EU (OJ), Commission Implementing Regulation (EU) 2018/292 of 26 February 2018 laying down implementing technical standards with regard to procedures and forms for exchange of information and assistance between competent authorities according to Regulation (EU) No 596/2014 of the European Parliament and of the Council … Continue Reading

ESMA final draft ITS on supervisory cooperation for market abuse investigations

The European Securities and Markets Authority (ESMA) has published its final draft Implementing Technical Standards (ITS) regarding the application of the Market Abuse Regulation. The final draft ITS cover the procedures and forms for exchange of information and assistance between Member State competent authorities (NCAs) and ESMA as well as with other EU authorities, entities … Continue Reading

Market Watch 55

The FCA has published the latest issue of its newsletter Market Watch (issue 55). Market Watch is the FCA’s newsletter on market conduct and transaction reporting issues, in this issue the FCA covers: transaction reporting at the block or allocation level; applicable legislation; DRSP supervision forms; transitional arrangement reminder – transaction T+1; application of the … Continue Reading

ESMA updates Q&As on MAR

The European Securities and Markets Authority (ESMA) has published an updated version of its Q&A on Market Abuse Regulation (MAR). ESMA has added answers on the following questions: How should permission to trade in a closed period, which may be granted in certain circumstances to persons discharging managerial responsibilities (PDMR) in accordance with Article 19(12) … Continue Reading

Effective compliance with the Market Abuse Regulation – a state of mind

The FCA has published a speech given by Julia Hoggett (Director of Market Oversight, FCA). The speech is entitled Effective compliance with the Market Abuse Regulation – a state of mind. Key messages in the speech include the following: Primary market oversight – it has been observed in the media that the FCA now has … Continue Reading

ESMA updates Q&A on MAR

The European Securities and Markets Authority (ESMA) has updated its Q&As on the Market Abuse Regulation (MAR). The updated Q&As include a new detailed answer on the obligations of the issuers in the particular case of delayed inside information that then loses its price sensitivity feature during the delay period. View ESMA updates Q&A on … Continue Reading

FCA Market Watch issue 53

The FCA has published Market Watch 53. In this issue of Market Watch, the FCA focusses on the MiFID II legal entity identifier (LEI). An LEI is a unique identifier for persons that are legal entities or structures including companies, charities and trusts. The obligation for legal entities or structures to have an LEI was … Continue Reading

ESMA updates Q&A on MAR

The European Securities and Markets Authority (ESMA) has updated its Questions and Answers document (Q&As) on the Market Abuse Regulation (MAR). The purpose of the Q&As is to promote common, uniform and consistent supervisory approaches and practices in the day-to-day application of MAR. New questions and answers on the following topics have been added to … Continue Reading

ESMA updates MAR Q&A

The European Securities and Markets Authority (ESMA) has updated its questions and answers on the Market Abuse Regulation (MAR). The update concerns a new question 7.7 which covers the topic of closely associated persons under Article 3(1)(26)(d) of MAR. An answer is provided to the following question: According to Article 3(1)(26)(d) of MAR a closely … Continue Reading

Implementing Regulation on ITS regarding procedures and forms for competent authorities exchanging information with ESMA under MAR published in OJ

There has been published in the Official Journal of the European Union (OJ), Commission Implementing Regulation (EU) 2017/1158 of 29 June 2017 laying down implementing technical standards with regards to the procedures and forms for competent authorities exchanging information with the European Securities and Markets Authority as referred to in Article 33 of the Market … Continue Reading

Market Watch 52

The FCA has published Market Watch 52. In this issue of Market Watch the FCA focuses on its requirements concerning dividend arbitrage. The intention of dividend arbitrage is to place shares in alternative tax jurisdictions around dividend dates, with the aim of minimising withholding taxes (WHT), or generating WHT reclaims. This may involve several different … Continue Reading

ESMA issues standards on regulatory cooperation regarding market abuse

The European Securities and Markets Authority (ESMA) has issued a final report containing draft Implementing Technical Standards (ITS) regarding the application of the Market Abuse Regulation (MAR). The draft ITS clarify how Member State national competent authorities should cooperate with each other under the MAR. The draft ITS set out procedures and forms for NCAs … Continue Reading

ESMA announces launch of reference data submission under MAR

The European Securities and Markets Authority (ESMA) has issued a communication regarding the launch of reference data submission under the Market Abuse Regulation (MAR). In the communication ESMA announces that its IT system for the collection of financial instrument reference data under Article 4(1) of MAR (i.e. the Financial Instrument Reference Data System – FIRDS) … Continue Reading

ESMA updates MAR Q&As

The European Securities and Markets Authority has published an updated Q&A on practical questions regarding the implementation of the Market Abuse Regulation. The updated Q&As include new answers regarding: disclosure of inside information related to Pillar II requirements; and blanket cancellation of orders policy. ESMA will periodically review the Q&As and update them when required. … Continue Reading

FMLC discussion paper on issued of legal uncertainty in the Market Abuse Regulation

The Financial Markets Law Committee (FMLC) has published a discussion paper on the issues of legal uncertainty arising in the context of the Market Abuse Regulation (MAR). The discussion paper discusses the following: the uncertainty as to the financial instruments that fall within the scope of MAR (section 3); the new EU wide market soundings … Continue Reading

ESMA opinion on points of convergence in relation to MAR accepted market practices on liquidity contracts

The Market Abuse Regulation (MAR) provides a harmonised framework for the prohibition of market manipulation. This encompasses a prohibition on entering into a transaction, placing an order to trade or engaging in behaviour which gives, or is likely to give, a false or misleading signal as to the supply of, demand for, or price of, … Continue Reading

The Financial Services and Markets Act 2000 and the Financial Services (Banking Reform) Act 2013 (Disclosure of Confidential Information) (Amendment) Regulations 2017

There has been published on the legislation.gov.uk website The Financial Services and Markets Act 2000 and the Financial Services (Banking Reform) Act 2013 (Disclosure of Confidential Information) (Amendment) Regulations 2017 (the Regulations). The Regulations amend the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 (the 2001 Regulations) and the Financial Services … Continue Reading

MAR: FCA Policy Statement on changes to DTR 2.5 (delaying disclosure of inside information)

On 29 November 2016, we blogged that the FCA released Consultation Paper 16/38: DRT 2.5 change: delay in the disclosure of inside information (CP16/38) setting out proposed amendments to its Handbook in order to comply with the European Securities and Markets Authority’s (ESMA) guidelines on the delay in the disclosure of inside information, specifically DTR … Continue Reading

ESMA updates Q&A on MAR

The European Securities and Markets Authority has published its latest Q&A on the Market Abuse Regulation. The updated Q&A include: a new Q&A relating to managers’ transactions; and new Q&As relating to investment recommendation and information recommending or suggesting an investment strategy. View ESMA updates Q&A on MAR, 27 January 2017… Continue Reading
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