United States

US SEC prevented from expanding fraudulent scheme liability

By Kevin Harnisch (US), Sandeep Savla (US), Seth Kruglak (US), Ryan Meltzer and Anthony Lauriello on August 17, 2022 Posted in Enforcement, United States

In a decision with significant implications for securities litigation and enforcement, the United States Court of Appeals for the Second Circuit recently rebuffed an attempt by the US Securities and Exchange Commission (SEC) to broaden the scope of “scheme liability” under Section 10(b) of the Securities Exchange Act of 1934 and Section 17(a) of the … Continue Reading

US Second Circuit limits jurisdictional reach over foreign banks

By Seth Kruglak (US), Victoria Corder and Ashley Slater (US) on August 17, 2022 Posted in Banking, United States

Banks around the world routinely transmit money into and out of New York, a global financial and commercial center. The Second Circuit’s recent opinion in Daou v. BLC Bank, S.A.L. serves as a reminder that New York courts will not open their doors and exercise personal jurisdiction over foreign banks absent a specific connection between … Continue Reading

CPMI / IOSCO discussion paper on CCP practices to address non default-losses

Introduction On 4 August 2022, the Committee on Payments and Market Infrastructures (CPMI) and the International Organization of Securities Commissions (IOSCO) published a discussion paper on central counterparty (CCP) practices to address non default-losses (NDLs). Non default events can threaten a CCP’s viability as a going concern and its ability to continue providing critical services. … Continue Reading

HM Treasury: Joint statement on the UK-US Financial Regulatory Working Group meeting

By Simon Lovegrove (UK) on July 28, 2022 Posted in Regulation and compliance, Regulation and compliance, United Kingdom, United States

On 26 July 2022, HM Treasury published a joint statement on the UK-US financial regulatory working group meeting. The meeting was held on 21 July 2022 and participants included officials and senior staff from HM Treasury and the US Department of the Treasury and independent regulatory agencies from both the US and the UK. The … Continue Reading

Partnering in the Fight Against Financial Crime: Data Protection, Technology and Private Sector Information Sharing

On 20 July 2022, the Financial Action Task Force (FATF) issued a report intended to help jurisdictions enhance, design and implement information collaboration initiatives among private sector entities in accordance with data protection and privacy (DPP) rules so that the risks associated with increased sharing of personal data are appropriately taken into account. The report … Continue Reading

Progress Report on FSB Roadmap for Addressing Financial Risks from Climate Change

By Daniel Nevzat (UK) on July 15, 2022 Posted in Africa, Asia, Australia, Canada, ESG, ESG, ESG, ESG, ESG, ESG, France, Germany, Italy, The Netherlands, United Arab Emirates, United Kingdom, United States

On 14 July 2022, the Financial Stability Board (FSB) published its first report taking stock on the progress made by standard setting bodies and other international organisations on action taken on the Roadmap for Addressing Financial Risks from Climate Change. The Roadmap, which was published in July 2021, sets out a comprehensive and coordinated plan … Continue Reading

IOSCO recommendations related to the use of innovation facilitators

On 14 July 2022, the International Organization of Securities Commissions (IOSCO) issued a report on the use of innovation facilitators in growth and emerging markets. The report covers three types of innovation facilitators (IFs): innovation hubs, regulatory sandboxes, and regulatory accelerators. Chapter 1 of the report covers definitions and the risks and opportunities posed by … Continue Reading

Monthly Global FinTech regulatory updater

Every month we provide the Global Blockchain Business Council’s Post-Trade Distributed Ledger group with a global regulatory FinTech updater, the latest version of which can be found here. Post Trade Distributed Ledger (PTDL) Group is composed of over 40 prominent market infrastructure stakeholders whose shared vision of the use of distributed ledger technology has brought them … Continue Reading

CPMI and IOSCO final report on the application of the PFMIs to stablecoin arrangements

On 13 July 2022, the Committee on Payments and Market Infrastructures (CPMI) and the International Organization of Securities Commissions (IOSCO) published a report containing final guidance on the application of the Principles for Financial Market Infrastructures (PFMIs) to stablecoin arrangements (SAs) that are considered systemically important financial market infrastructures (FMIs), including the entities integral to … Continue Reading

FSB publish letter to G20 Finance Ministers and Central Bank Governors on the current outlook for financial stability

On 13 July 2022, the Financial Stability Board (FSB) published a letter to G20 Finance Ministers and Central Bank Governors regarding the current outlook for financial stability ahead of their meeting on 15-16 July. The letter warns that the combination of lower growth, rising inflation and tighter global financial conditions may crystallise pre-existing vulnerabilities in … Continue Reading

FSB interim report – Exit strategies to support equitable recovery and address effects from COVID-19 scarring in the financial sector

On 13 July 2022, the Financial Stability Board (FSB) published an interim report on exit strategies to support equitable recovery and address effects from COVID-19 and Russia’s invasion of Ukraine on the financial sector and how the FSB will address these issues going forward. It considers exit strategies in relation to financial stability and the … Continue Reading

IOSCO final report on operational resilience of trading venues and market intermediaries during the COVID-19 pandemic & lessons for future disruptions

On 11 July 2022, the International Organization of Securities Commissions (IOSCO) published a final report on the operational resilience of trading venues and market intermediaries during the COVID-19 pandemic & lessons for future disruptions. In the report IOSCO summarizes some of the existing operational resilience work by IOSCO and other international organizations and outlines how … Continue Reading

FSB statement on international regulation and supervision of crypto-asset activities

By Simon Lovegrove (UK) on July 12, 2022 Posted in Africa, Asia, Australia, Canada, Crypto assets, Crypto assets, Crypto assets, Crypto assets, Crypto assets, France, Germany, Italy, The Netherlands, United Arab Emirates, United Kingdom, United States

On 11 July 2022, the Financial Stability Board (FSB) published a statement on international regulation and supervision of crypto-asset activities. Key points from the statement include: Crypto-assets and markets must be subject to effective regulation and oversight commensurate to the risks they pose, both at domestic and international level. Crypto-asset service providers must at all … Continue Reading

FSB report on options to improve adoption of the LEI

On 7 July 2022, the Financial Stability Board (FSB) published a report exploring options to improve the adoption of the Legal Entity Identifier (LEI), in particular for use in cross-border payments. The report explores benefits that could accrue from the use of the LEI in cross-border payment systems and, in close coordination with the Global … Continue Reading

BIS report to G20 on interlinking payment systems and the role of application programming interfaces

By Albert Weatherill (UK) on July 11, 2022 Posted in Africa, Asia, Australia, Canada, France, Germany, Italy, Payment services, Payment Services, Payment services, Payment services, The Netherlands, United Arab Emirates, United Kingdom, United States

On 8 July 2022, the Bank for International Settlements published a report to the G20 that aims to help payment system operators and authorities understand and evaluate the benefits, challenges and risks of interlinking arrangements. In doing so, it also provides an overview of important trends in interlinking arrangements and application programming interface (API) adoption … Continue Reading

IOSCO Crypto-Asset Roadmap for 2022-2023

By Simon Lovegrove (UK) on July 8, 2022 Posted in Africa, Asia, Australia, Canada, Crypto assets, Crypto assets, Crypto assets, Crypto assets, Crypto assets, France, Germany, Italy, The Netherlands, United Arab Emirates, United Kingdom, United States

On 7 July 2022, the International Organization of Securities Commissions (IOSCO) issued its Crypto-Asset Roadmap for 2022-2023. The Roadmap sets out IOSCO’s policy agenda and work program for the crypto-asset sector over the next 12 to 24 months. Earlier this year IOSCO established a board-level fintech taskforce (FTF) which was mandated to develop, oversee, deliver … Continue Reading

FSB interim report on developing the implementation approach for the cross-border payments targets

By Albert Weatherill (UK) and Simon Lovegrove (UK) on July 8, 2022 Posted in Africa, Asia, Australia, Canada, France, Germany, Italy, Payment services, Payment Services, Payment services, Payment services, The Netherlands, United Arab Emirates, United Kingdom, United States

On 7 July 2022, the Financial Stability Board (FSB) published an interim report on the approach for monitoring progress toward meeting the targets for the G20 Roadmap for Enhancing Cross-border Payments. The report provides preliminary recommendations about key performance indicators (KPIs) that could be used to monitor progress over time, and identifies existing and potential … Continue Reading

Basel Committee issues high-level considerations on proportionality

On 7 July 2022, the Basel Committee on Banking Supervision (Basel Committee) issued high-level considerations on proportionality that are intended to provide practical support to supervisory authorities seeking to implement proportionality into their domestic regulatory and supervisory frameworks. The high-level considerations seek to support the decision-making process of proportionality in a broad variety of jurisdictions, … Continue Reading

ESG – Key regulatory risks for financial services firms in the UK and US and how to manage them

By Katie Stephen (UK), Celia Cohen (US), Joe Smallshaw, Katey Fardelmann (US), Daniel Nevzat (UK) and Catherine Pluck (UK) on July 5, 2022 Posted in Enforcement, ESG, ESG, Investigations, Investigations and enforcement, United Kingdom, United States

Investors are increasingly seeking sustainable financial products and ESG investing, traditional investing combined with sustainable or otherwise philanthropic aims, has seen huge growth in recent years. Regulated firms are also seeking to improve their own ESG performance more generally to build stronger relationships with their stakeholders, including those who use their services. Whilst the growing … Continue Reading

Basel Committee second consultation on the prudential treatment of banks’ cryptoasset exposures

On 30 June 2022, the Basel Committee on Banking Supervision (Basel Committee) issued its second public consultation paper on the prudential treatment of banks’ cryptoasset exposures. In the second consultation paper the Basel Committee continues with the basic structure outlined in its first consultation by dividing cryptoassets into two broad groups: Group 1 includes those … Continue Reading

FATF targeted update on implementation of standards on VAs and VASPs

On 30 June 2022, the Financial Action Task Force (FATF) issued a targeted update concerning the implementation of its Standards on virtual assets (VAs) and virtual asset service providers (VASPs), with a focus on FATF’s Travel Rule. The FATF has found that many countries need to strengthen understanding of money laundering / terrorist financing risks … Continue Reading

Webinar | The Buy Now Pay Later global landscape and latest trends | Wednesday 6th July @8.30am and 3pm BST

Join our global Financial services regulation team to hear about the developing regulatory approaches and trends in the BNPL sector across the world. Register here … Continue Reading

The SEC Plans to Continue Its Brisk and Broad Rule making

By Kevin Harnisch (US), Seth Kruglak (US), Todd Batson (US) and Nicholas Joynson (US) on June 28, 2022 Posted in Regulation and compliance, United States

On June 22 2022, the SEC published its Spring 2022 regulatory agenda in which it outlined the Commission’s short and long-term regulatory interests. The SEC appears intent on proceeding with its fast-paced stream of proposed rule makings that have dominated the first half of this year. The agenda includes rule making related to climate change, … Continue Reading

Anti-money laundering: Regulation Around the World

In the latest instalment of our Regulation Around the World series, financial services partners in 13 jurisdictions provide an update on anti-money laundering developments. Our global updater is accompanied by further analysis and insights in our Regulation Around the World podcast which is available now to stream and download. The podcast features speakers from the … Continue Reading