In summer 2024, the Prudential Regulation Authority (PRA) published a Consultation Paper, CP11/24, on International firms: Updates to Supervisory Statement (SS5/21) and branch reporting. CP11/24 is key to understanding the booking models that the PRA will accept and reflects the debates which the branches of European banks have had in
Regulation and compliance
Global Asset Management Review: Issue 2
In the second issue of Global Asset Management Review, our cross-border team provide market updates followed by a closer look at some of the key issues impacting the asset management sector including:
The DOL’s fiduciary rule put on pause
On July 25, 2024, in the case of Federation of Americans for Consumer Choice, Inc., et al. v. United States Department of Labor, et al., (“Federation of Americans”) the United States District Court for the Eastern District of Texas issued an order staying the effective date of the DOL’s final fiduciary rule (and related amendments…
“Chevron is Overruled” Supreme Court decision upends the era of agency rule
The US Supreme Court’s ruling on the Chevron doctrine in Loper Bright Enterprises v. Raimondo (Loper), will profoundly impact multiple industries regulated by federal agencies that have grown accustomed to being the ultimate arbiter of ambiguous language in their applicable laws, rules and regulations. Those days are over—courts no longer have to defer…
FSB progress report – Enhancing the Resilience of Non-Bank Financial Intermediation
On 22 July 2024, the Financial Stability Board issued a progress report regarding enhancing the resilience of non-bank financial intermediation (NBFI).
The progress report describes recent and ongoing work by the FSB to address systemic risk of NBFI. It sets out the main findings of work over the past year to assess and…
FSB consults on recommendations related to data flows and regulation and supervision in cross-border payments
On 16 July 2024, the Financial Stability Board (FSB) issued consultation reports on proposed recommendations intended to promote greater alignment in data frameworks related to cross-border payments and consistency in the regulation and supervision of bank and non-bank payment service providers.
The recommendations regarding data frameworks follow an FSB stocktake of national and…
Investigations Podcast Series – Episode 1: Early Stages of an Investigation
In the first episode of the Global Investigations Podcast Series, Andrew Reeves (Partner, Investigations, Enforcement and Compliance team, London) is joined by Ruth Cowley (Head of Disputes and Investigations, London), Keith Rosen (Head of Risk Advisory, US) and Sharon Oded (Head of Investigations, Amsterdam) to discuss the early stages of an investigation; best practice in…
Dealing with whistleblowing investigations in light of increased media and regulatory scrutiny
Introduction
Whistleblowing is on the rise – both within organisations and to authorities. An increase in whistleblowing is positive: it shows employees feel able to speak up, allows issues to be escalated, investigated and where necessary remediated. However, the increase in whistleblowing also presents challenges for companies to ensure that they are dealing effectively and…
FSB Plenary meets in Toronto
On 14 June 2024, the Financial Stability Board (FSB) issued a press release following its Plenary in Toronto.
Key points in the press release include:
- The Plenary discussed the progress made on the key international work following up on the March 2023 turmoil. Members look forward to the completion of this work and
SEC Strikes out on “Private Fund Advisers Rule”
In a unanimous decision, the United States Court of Appeals for the Fifth Circuit vacated the SEC’s “Private Fund Advisers Rule.” The Fifth Circuit determined that existing law did not provide the SEC the authority to issue rules covering private investment funds.
Read the full US Regulatory Intelligence article, SEC Strikes out on “Private Fund…