United Kingdom (and EU regulation)

New PRA webpage – holding company approvals

On 12 April 2021, the PRA published on its website a holding company approvals page. Part 12B of the Financial Services and Markets Act 2000 requires certain parent financial holding companies and parent mixed financial holding companies established in the UK to apply to the PRA for approval or exemption from the new requirement to … Continue Reading

Beware the use of WhatsApp at work: practical steps for firms with a view to avoiding some common pitfalls

A year ago we wrote about the risks and challenges of using of WhatsApp at work.  Twelve months on and we have seen a number of developments including recent guidance from the FCA which stated that it has acted against individuals and firms for misconduct which involved the use of WhatsApp and other social media … Continue Reading

Latest FCA policy development update

On 9 April 2021, the FCA published its latest policy development update. The policy development update lists recently issued FCA publications and lists two forthcoming FCA publications: Consultation paper on exit fees in investment platforms and comparable firms (expected 2021). Consultation paper on FCA regulated fees and levies: rates proposals 2021/22 (expected April 2021).… 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

FCA launches new version of Financial Services Register Extract Service

On 9 April 2021, the FCA updated its webpage ‘Obtaining a data extract from the Financial Services Register’ announcing that a new version of the Register Extract Service (RES) went live that day. The FCA has also published a revised version of the Subscribers’ Handbook for RES. The Subscribers’ Handbook: Provides an overview of the … Continue Reading

GFXC publishes request for feedback on proposed changes to the Code and draft disclosure templates

On 8 April 2021, the Global Foreign Exchange Committee (GFXC) announced that as its review of the FX Global Code was nearing completion it was issuing a request for feedback on proposed changes to the Code and draft disclosure templates. The GFXC’s request for feedback covers proposals for updating the Code’s guidance in the following … Continue Reading

ESMA makes recommendations for OTFs under MiFID II/MiFIR

On 8 April 2021, the European Securities and Markets Authority (ESMA) published a final report on the functioning of Organised Trading Facilities (OTFs).  The report contains proposals aimed at clarifying the MiFID II provisions relating to OTFs and, more generally, multilateral systems to ensure efficient EU market structures and to enhance the level playing field … Continue Reading

ESMA annual peer review of EU CCP supervision

On 8 April 2021, the European Securities and Markets Authority (ESMA) issued an annual peer review report on the supervision of EU central counterparties (CCPs) by Member State national competent authorities (NCAs). The peer review measured the effectiveness of NCA supervisory practices in assessing CCP compliance with the European Markets Infrastructure Regulation (EMIR) requirements on … Continue Reading

ESMA report highlights liquidity concerns for Alternative Investment Funds

On 8 April 2021, the European Securities and Markets Authority (ESMA) issued its third annual statistical report on the alternative investment fund (AIF) sector. The report has found that the sector increased by 15% in 2019 to EUR 6.8trn in net assets from EUR 5.9trn in 2018. The main findings in the report include: The … Continue Reading

G20 – Communique of 2nd Finance Ministers and Central Bank Governors Meeting

On 7 April 2021, there was published an official communique following the second meeting of G20 Finance Ministers and Central Bank Governors under the Italian G20 Presidency. During the meeting the discussion spanned from issues covering the global economy, efforts to push forward the economic recovery and promoting more sustainable growth, to supporting the most … Continue Reading

Regulation Tomorrow Podcast – Episode 6 out now

Episode 6 of the Regulation Tomorrow Podcast is out now. In the latest edition of our monthly podcast, we take a look at some of the main regulatory news stories from across the globe in the financial services space. We begin with a look at the Woolard Review in the UK with Matthew Gregory, who … Continue Reading

PRA CP7/21 ‘Credit risk: The identification of the nature, severity and duration of an economic downturn for the purposes of IRB models’

On 7 April 2021, the PRA published Consultation Paper 7/21 ‘Credit risk: The identification of the nature, severity and duration of an economic downturn for the purposes of Internal Ratings Based (IRB) models’ (CP7/21). The PRA considers that it is important to reduce unwarranted variability from IRB models, and has previously set out its implementation … Continue Reading

EBA consults on the list of advanced economies to determine equity risk under the new market risk regime

On 7 April 2021, the European Banking Authority (EBA) issued a consultation paper regarding draft regulatory technical standards (RTS) on the list of countries with an advanced economy for calculating the equity risk under the alternative standardised approach (FRTB-SA). The Capital Requirements Regulation as amended by Regulation (EU) 2019/876 (CRR) implements in EU legislation the … Continue Reading

Navigating global crypto-custody requirements

29 April 2021 09:00 – 10:00 BST / 16:00 – 17:00 HKT 16:00 – 17:00 BST / 11:00 – 12:00 EDT As the global crypto-economy continues to grow and mature, one area stands out as a critical core capability: custody. In this webinar, members of our global financial services team will compare notes on their … Continue Reading

Financier Worldwide Magazine feature – Regulatory futures: challenges and opportunities in 2021

Throughout 2020 and 2021, financial services firms have had to respond and adapt to a number of regulatory challenges in an unprecedented fashion. Firms now have to navigate a diverging regulatory landscape as a result of Brexit, at the same time as continuing to respond to an array of pandemic-related risks that have arisen. Nevertheless, … Continue Reading

BoE statement on the regulatory treatment of the UK Recovery Loan Scheme

On 6 April 2021, the Bank of England (BoE) issued a statement concerning the Government’s Recovery Loan Scheme (RLS). Specifically the statement sets out the PRA’s observations on whether the guarantees provided by the Secretary of State for Business, Energy and Industrial Strategy under the RLS are eligible for recognition as unfunded credit risk mitigation … Continue Reading

ESMA updates its Q&As on SFTR data reporting

On 6 April 2021, the European Securities and Markets Authority (ESMA) updated its Q&As on reporting under the Securities Financing Transactions Regulation (SFTR). The updated Q&As complement ESMA’s guidance on reporting under the SFTR. The Q&As were updated to simplify reporting of SFTs when an external portfolio manager is used.… Continue Reading

ESMA updates its Q&As on MiFID II and MiFIR transparency topics

On 6 April 2021, the European Securities and Markets Authority (ESMA) updated its Q&As on market structures issues under MiFID II and MiFIR. ESMA has introduced changes to one of its Q&As on tick sizes to reflect the amendment introduced in Article 49(1) of MiFID II which excludes Large in Scale transactions from the mandatory … Continue Reading

Latest publications in the OJ

On 6 April 2021, there was published in the Official Journal of the EU (OJ): Regulation (EU) 2021/557 of the European Parliament and of the Council of 31 March 2021 amending Regulation (EU) 2017/2402 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation to help the … Continue Reading

ESMA publishes guidelines on periodic information for trade repositories

On 6 April 2021, the European Securities and Markets Authority (ESMA) published its final report and guidelines on reporting periodic information and material changes by trade repositories (TRs) supervised under the European Markets Infrastructure Regulation (EMIR) and the Securities Financing Transaction Regulation (SFTR). The guidelines set out the information that should be submitted by TRs … Continue Reading

FSB chair updates G20 on COVID-19 support measures, and a roadmap to address climate-related financial risks

On 6 April 2021, the Financial Stability Board (FSB) published a letter from its Chair, Randal K. Quarles, to G20 Finance Ministers and Central Bank Governors ahead of their virtual meeting on 7 April. The FSB also delivered to the G20 a report on factors to be considered in extending, amending and ending COVID-19 support … Continue Reading

Member States consider amendments to MiCA proposal

On 18 March 2021, the Portuguese Presidency of the Council hosted a meeting of a working group where representatives of Member States continued discussions over the proposed regulation on markets in crypto-assets (MiCA). The agenda for the meeting included discussion on the MiCA provisions concerning cross-border and supervision issues, as well as the Presidency’s drafting … Continue Reading

FSB final report – evaluation of the effects of too-big-to-fail reforms

On 31 March 2021, the Financial Stability Board (FSB) published the final report on its evaluation of the effects of too-big-to-fail (TBTF) reforms for systemically important banks (SIBs). The evaluation examines the extent to which the reforms have reduced the systemic and moral hazard risks associated with SIBs, as well as their broader effects on … Continue Reading
LexBlog