United States

FINRA (and selected SEC) regulatory matters at a glance: What compliance officers need to know

Access the November issue for an overview of FINRA and SEC regulatory developments of interest to broker-dealers.… Continue Reading

FSB publishes implementation progress of OTC derivatives market reforms in 2021

On 3 December 2021, the Financial Stability Board (FSB) published a report regarding the implementation progress of over-the-counter (OTC) derivatives market reforms in 2021. The report tracks the international progress in implementing G20 reforms to global OTC derivatives markets following the 2008 global financial crisis. The following progress has been made since the previous annual … Continue Reading

The UK TPR is ending – what should EU firms do next?

The recording of our recent webinar ‘The UK TPR is ending – what should EU firms do next’ is now available. The webinar, which is targeted both at standalone EU firms using the temporary permissions regime (TPR) and at EU firms using the TPR who are within those groups with a UK presence, covers the … Continue Reading

FSB report on good practices for Crisis Management Groups

On 30 November 2021, the Financial Stability Board (FSB) issued a report on good practices for Crisis Management Groups (CMGs). The report sets out good practices that have helped CMGs to enhance preparedness for the management and resolution of a cross-border financial crisis affecting a global systemically important bank (G-SIB) consistent with the FSB’s Key … Continue Reading

IOSCO and CPMI publish a discussion paper on client clearing: access and portability

On 29 November 2021, the Committee on Payments and Market Infrastructures (CPMI) and the Board of the International Organization of Securities Commissions (IOSCO) published a discussion paper on client clearing. The discussion paper considers issues concerning access to central counterparties (CCPs) and effective porting practices. The discussion paper does not intend to provide guidance on … Continue Reading

UK vs US Enforcement Approaches: A comparison

By Andrew Reeves (UK) and Annie Birch on November 26, 2021 Posted in Anti-corruption and business and human rights, Investigations and enforcement, Regulation and compliance, Regulation and compliance, United Kingdom, United States

The United States Department of Justice (DOJ) and Securities and Exchange Commission (SEC) have recently reiterated their focus on fighting corporate crime (see here and here our more detailed articles on these developments). In particular, the US authorities have: renewed their focus on holding individuals accountable for corporate crime (as well as companies); committed to … Continue Reading

2021 list of G-SIBs

By Simon Lovegrove (UK) on November 24, 2021 Posted in Africa, Asia, Australia, Banking, Banking, Banking, Banking, Banking, Banking, Banking, Banking, Banking, Banking, Canada, France, Germany, Italy, The Netherlands, United Arab Emirates, United Kingdom, United States

On 23 November 2021, the Financial Stability Board (FSB) published the 2021 list of global systematically important banks (G-SIBs) using end-2020 data and an assessment methodology designed by the Basel Committee on Banking Supervision (Basel Committee). FSB member authorities apply the following requirements to G-SIBs: Higher capital buffer. The G-SIBs have been allocated to buckets … Continue Reading

IOSCO final report ESG Ratings and Data Products Providers

By Simon Lovegrove (UK) on November 24, 2021 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 23 November 2021, the Board of the International Organisation of Securities Commissions (IOSCO) published a final report with a set of recommendations calling for oversight of ESG Ratings and Data Product Providers. The use of ESG ratings and data products has grown considerably in response to investors’ mounting interest in investing in companies that … Continue Reading

FSB statement to support preparations for LIBOR cessation

By Simon Lovegrove (UK) on November 23, 2021 Posted in Africa, Asia, Australia, Benchmarks, Canada, France, Germany, Italy, The Netherlands, United Arab Emirates, United Kingdom, United States

On 22 November 2021, the Financial Stability Board (FSB) issued a statement to support preparations for LIBOR cessation. Key points in the statement include: Significant progress has been made in transitioning to Risk-Free Rates (RFRs), but market participants still need to finalise preparations to cease new use of LIBOR by end-2021. The FSB recognises the … Continue Reading

CPMI (BIS) consultative report: Extending and aligning payment system operating hours for cross-border payments

By Simon Lovegrove (UK) on November 19, 2021 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 18 November 2021, the Committee on Payments and Market Infrastructures (CPMI) and Bank for International Settlements (BIS) published a consultative report titled Extending and aligning payment system operating hours for cross-border payments as part of the G20 cross-border payments programme. The report focuses on the operating hours of real-time gross settlement (RTGS) systems which … Continue Reading

Open banking around the world: A global comparative guide

By Simon Lovegrove (UK) on November 18, 2021 Posted in Africa, Asia, Australia, Canada, Fintech, Fintech, Fintech, FinTech, Fintech, Fintech, Fintech, Fintech, Fintech, Fintech, France, Germany, Italy, The Netherlands, United Arab Emirates, United Kingdom, United States

We are delighted to announce the launch of the 2021 version of ‘Open banking around the world: A global comparative guide’. Our guide profiles the latest developments being taken to facilitate open banking throughout key jurisdictions in 2021, covering what open banking means in each jurisdiction, applicable legislation, requirements for third party access and strong … Continue Reading

Global Asset Management Quarterly – New issue

The latest issue of our Global Asset Management Quarterly publication is now available. In this issue we cover: Europe European update EU/UK regulatory roundup United Kingdom The new regime for preferential taxation of qualifying asset holding companies Luxembourg Luxembourg update Australia Australian Federal Government commits to the new corporate collective investment vehicle (CCIV) regime with … Continue Reading

Basel Committee consults on ‘Principles for the effective management and supervision of climate-related financial risks’

By Simon Lovegrove (UK) on November 17, 2021 Posted in Africa, Asia, Australia, Banking, Banking, Banking, Banking, Banking, Banking, Banking, Banking, Banking, Banking, Canada, France, Germany, Italy, The Netherlands, United Arab Emirates, United Kingdom, United States

On 16 November 2021, the Basel Committee on Banking Supervision (BCBS) issued a public consultative document titled Principles for the effective management and supervision of climate-related financial risks. The BCBS reports that a review of the existing Basel Framework has concluded that while the ‘Core Principles for Effective Banking Supervision’ (Core Principles) and the ‘Supervisory … Continue Reading

RT Plus – Recent U.S. Enforcement Developments

A new episode of RT Plus is available now to stream and download. This episode features Celia Cohen and Samuel Ramer, both of whom are partners in NRF’s US practice. This podcast will be of particular interest to US based firms but also to non-US firms that have some dealings with the US. In this … Continue Reading

Global webinar on 18 November 2021 – ESG regulation: Global themes and what’s on the horizon

We invite you to join our webinar on 18 November 2021 in which our global financial services team will discuss and examine recent ESG related developments across key jurisdictions and provide their views on what’s on the horizon. The webinar will be held on the following times during 18 November 2021: 14:00 SGT and HKT … Continue Reading

G-SIB assessment methodology review process – technical amendment finalisation

On 9 November 2021, the Basel Committee on Banking Supervision announced that it had finalised a technical amendment to the Basel Framework which relates to the process used by the Committee to review the Global Systemically Important Bank assessment methodology. The Committee has replaced the prior three year review cycle with a process of ongoing … Continue Reading

Employees’ use of off-channel communications – growing regulatory interest on both sides of the pond

By Celia Cohen (US), Katie Stephen (UK) and Simon Lovegrove (UK) on November 9, 2021 Posted in Enforcement, Investigations and enforcement, United Kingdom, United States

One of the key risks that financial institutions both sides of the pond are currently grappling with relates to the use by employees of “off-channel” communications. These are typically communications not monitored by the institution and not retained under various regulators’ business records requirements. Despite most companies having a policy that prohibits the use … Continue Reading

The Bank of England’s approach to tiering incoming CCPs

On 8 November 2021, the Bank of England (BoE) issued a Consultation Paper and a draft Statement of Policy on its approach to ‘tiering’ non-UK central counterparties (CCPs) based on the level of systemic risk they could pose to UK financial stability. The consultation closes on 25 February 2022. Under the BoE’s tiering proposals: Incoming … Continue Reading

Global webinar on 18 November 2021 – ESG regulation: Global themes and what’s on the horizon

Monthly Global FinTech regulatory updater

By Hannah Meakin (UK) on November 8, 2021 Posted in Africa, Asia, Australia, Canada, Fintech, Fintech, Fintech, FinTech, Fintech, Fintech, Fintech, Fintech, Fintech, Fintech, France, Germany, Italy, The Netherlands, United Arab Emirates, United Kingdom, United States

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

nvestment Association/Norton Rose Fulbright: Model Discretionary Investment Management Agreement (V 3.0)

On 4 November 2021, the Investment Association published version 3.0 of its model discretional investment management agreement, in co-operation with Norton Rose Fulbright. The model agreement is a template agreement relating to the appointment of a discretionary investment manager by a client that has been categorised by the manager as a professional client. The model … Continue Reading

Speech given by Erik Thedéen, Chair IOSCO Sustainable Finance Task Force at the Green Horizon Summit

By Simon Lovegrove (UK) on November 5, 2021 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 4 November 2021, Erik Thedéen, the Chair of the International Organisation of Securities Commissions (IOSCO) Sustainable Finance Task Force gave a speech at the Green Horizons Summit during COP26, to discuss the IOSCO’s recent work on sustainable finance. The IOSCO’s work has focused on issuers and asset managers’ disclosures, alongside the role of ESG … Continue Reading

Effective Implementation of FSB Principles for Sound Compensation Practices and Implementation Standards 2021 progress report

On 4 November 2021, the Financial Stability Board (FSB) issued a progress report on the implementation of its Principles for Sound Compensation Practices (Principles) and their Implementation Standards in financial institutions. The progress report focusses on: The effectiveness of compensation frameworks. While in-year adjustments and malus are commonly used, the use of clawback is not … Continue Reading

IIF launches new guidance template to support effective climate disclosures

By Daniel Nevzat (UK) on November 4, 2021 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 3 November 2021, the Institute of International Finance (IIF) launched a new TCFD Guidance Template to help financial institutions align their climate-related disclosures with the recommendations of the Task Force on Climate-related Financial Disclosures (TCFD), with a focus on the banking sector. Drawing in observed industry practices, including mapping and benchmarking of TCFD reports … Continue Reading