United Kingdom (and EU regulation)

Anne IX (Financial Services) to the EEA Agreement amended

On 2 July 2020, there was published in the Official Journal of the EU (OJ) the following Decisions of the EEA Joint Committee amending Annex IX (Financial Services) to the EEA Agreement: Decision 80/2019 of 29 March 2019 amending Annex IX (Financial Services) to the EEA Agreement [2020/830], which incorporates Delegated Regulations and Implementing Regulations … Continue Reading

Basel Committee reports on Basel III implementation

On 6 July 2020, the Basel Committee on Banking Supervision (Basel Committee) published a report setting out the adoption status of the Basel III standards in member jurisdictions as of end-May 2020. The report notes that as of end-May 2020, all 27 member jurisdictions have risk-based capital rules, liquidity coverage ratio regulations and capital conservation … Continue Reading

PRA statement on Libor transition and PRA resolution-related rules

On 7 July 2020, the PRA issued a statement referring to the letter from Sam Woods concerning the prudential regulatory framework and Libor transition. In the statement the PRA states that it considers that, where the sole purpose of an amendment to a liability (as defined in the Contractual Recognition of Bail-In Part of the … Continue Reading

PRA policy statement reconciling capital requirements and macro-prudential buffers under Pillar 2A

On 6 July 2020, the PRA published Policy Statement 15/20 ‘Pillar 2A: Reconciling capital requirements and macroprudential buffers’ (PS15/20). PS15/20 is relevant to PRA-authorised UK banks, building societies and PRA regulated investment firms. In PS15/20 the PRA provides feedback to responses to Consultation Paper 2/20 ‘Pillar 2A: Reconciling capital requirements and macroprudential buffers’ (CP2/20). It … Continue Reading

Private Equity firms to face increased scrutiny of their AML procedures and how they deal with AML issues

The UK Financial Conduct Authority’s (FCA) recent announcements indicate that private equity firms (PE Firms) will see increased regulatory scrutiny over their anti-money laundering (AML) systems and controls. Earlier this year, the FCA issued a “Dear CEO” letter outlining its Alternatives Supervision Strategy, including its view of the key risks of harm that PE and … Continue Reading

FCA proposals to update temporary guidance for firms

On 24 April 2020, the FCA published temporary guidance concerning: Motor finance agreements and coronavirus. High-cost short-term credit (HCSTC) and coronavirus: temporary guidance for firms. Rent-to-own, buy-now pay-later and pawnbroking agreements and coronavirus. On 3 July 2020, the FCA announced proposals to amend the above temporary guidance so to provide continued support for users of … Continue Reading

Notice of information on postponement of entry into application of MiFIR open access provisions with regard to exchange-traded derivatives

On 3 July 2020, there was published in the Official Journal of the EU (OJ) a Notice of information on postponement of entry into application of MiFIR open access provisions with regard to exchange-traded derivatives. Article 54(2) of MiFIR provides for a transitional period during which Articles 35 or 36 of MiFIR do not apply … Continue Reading

FCA Policy Development update

On 3 July 2020, the FCA published its latest Policy Development update. The update provides some information on recent and upcoming FCA publications but should not be regarded as comprehensive. In terms of future publications, the policy development update notes that the FCA will publish, among other things, a consultation paper in Q2 2020 covering … Continue Reading

Heightened risk of market abuse in a remote working context?

In a recent snapshot poll of webinar participants, 87% of our clients thought there was an increased risk of market abuse in a remote working context. The FCA appears to share this view and has identified a heightened risk of market abuse in the context of COVID-19 in the following areas: (i) in the context … Continue Reading

Horizon scan: more FCA spoofing cases in 2020/21?

Commentators sometimes compare the FCA’s spoofing case record unfavourably with that of its US counterparts. Where the FCA has pursued cases, typically the FCA has used its civil powers in relation to market manipulation rather than its criminal powers to prosecute those who create false or misleading impressions in relation to the market in or … Continue Reading

FCA Policy Statement on regulated fees and levies 2020/21

On 2 July 2020, the FCA published Policy Statement 20/7: FCA regulated fees and levies 2020/21: including feedback on CP20/06 and made rules (PS20/7). In PS20/7 the FCA sets out its feedback to its earlier consultation on regulated fees and levies for 2020/21 and confirms its final fees and levies. All FCA fee payers are … Continue Reading

Basel Committee finalises AML/CFT guidelines on supervisory cooperation

On 2 July 2020, the Basel Committee on Banking Supervision issued an updated version of its guidelines on ‘Sound management of risks related to money laundering and financing of terrorism’. The updated version of the guidelines contains a new paragraph 96 in Part IV (role of supervisors) and Annex 5 (interaction and cooperation between prudential … Continue Reading

Commission decides to refer Austria, Belgium and the Netherlands to the Court of Justice of the EU for failing to fully implement EU anti-money laundering rules

On 2 July 2020, the European Commission announced that it had referred Austria, Belgium and the Netherlands to the Court of Justice of the European Union, with a request for financial sanctions, for failing to fully implement the Fourth Anti-Money Laundering Directive into their national law. The Commission states that incomplete transposition concerns fundamental aspects … Continue Reading

Lloyd’s announces timetable for the launch of its new third-party oversight regime

In July 2019 Lloyd’s announced (in Market Bulletin Y5257) proposals to introduce a new oversight framework for third-parties operating in the market.  On 1 July 2020, Lloyd’s announced in a further Market Bulletin (Y5296) that the framework would be brought into effect on 30 September 2020. The new framework aims to ensure that arrangements with … Continue Reading

FSCP discussion paper on digital advertising in financial services

On 1 July 2020, the Financial Services Consumer Panel (FSCP) issued a discussion paper on digital advertising in financial services. The discussion paper sets out potential consumer protection issues highlighted in two earlier FSCP exploratory research studies covering the digital customer journey for high-cost consumer lending and pensions encashment and online marketing strategies used by … Continue Reading

ACER updates REMIT guidance documentation

On 30 June 2020, the Agency for the Co-operation of Energy Regulators (ACER) updated the following documents concerning the Regulation on wholesale energy market integrity and transparency (REMIT): Q&As on REMIT (23rd edition). The new Q&As cover inside information, REMIT definitions, obligations and prohibitions for market participants. In particular, it deals with the question of … Continue Reading

ECB consultation on supervisory approach to consolidation for banks in the SSM

On 1 July 2020, the European Central Bank (ECB) published for consultation a guide intended to clarify its supervisory approach to consolidation projects involving euro area banks. With the guide the ECB intends to clarify, within the current regulatory framework, the principles underpinning the prudential supervisory approach it follows when determining whether the arrangements implemented … Continue Reading

EBA guidelines on treatment of structural FX under the CRR

On 1 July 2020, the European Banking Authority (EBA) issued final guidelines concerning the treatment of structural foreign exchange (FX) under the Capital Requirements Regulation (CRR). The purpose of the guidelines is to ensure harmonised EU interpretation and implementation of Article 352(2) of the CRR which deals with the concept and specific application of structural … Continue Reading

FSB statement on the impact of COVID-19 on global benchmark reform

On 1 July 2020, the Financial Stability Board (FSB) issued a statement concerning the impact of the COVID-19 pandemic on global benchmark transition. The statement notes that it is likely that some firms’ transition plans are likely to be temporarily disrupted or delayed, whilst others are continuing. The FSB maintains its view that financial and … Continue Reading

FCA extends fitness and propriety assessment deadline for solo regulated firms

The Treasury has agreed to delay the date on which solo regulated firms are required to have assessed their certified staff as fit and proper, from 31 December 2020 to 31 March 2021. To ensure SM&CR deadlines remain consistent, and to provide extra time for firms that need it, the FCA intend to consult on … Continue Reading

FCA sets out expectations on the Approved Persons Regime during coronavirus

The Approved Persons Regime (APER) continues to be used by Benchmark Administrators and Appointed Representatives (ARs). In recognition that firms may need longer periods of temporary arrangements if, for example, an Approved Person is absent because of coronavirus, or if recruitment to replace an Approved Person has been delayed due to the pandemic, the FCA … Continue Reading

Climate Financial Risk Forum publishes guide on climate-related financial risk management

On 29 June, the Climate Financial Risk Forum (CFRF) published its guide to climate-related financial risk management. The CFRF, which is co-chaired by the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA), aims to build capacity and share best practice across financial regulators and industry to advance the sector’s approach to understanding and mitigating … Continue Reading