Implications of SEC attempt to curb indemnification for private fund managers -
The SEC spent 2022 making multiple and sweeping proposals to amend rules under the Advisers Act, many of which have the ability to...more
Amid rising interest rates, tightening credit markets, geopolitical concerns in Europe and Asia, stubborn inflation and continuing supply chain issues, there is a growing sense of economic uncertainty. This uncertainty will...more
31 March -
SFTR: The European Securities and Markets Authority (“ESMA”) published an updated version of its Q&As (ESMA74-362-893) on complying with reporting requirements under the Regulation on reporting and transparency...more
4/10/2023
/ Amended Regulation ,
AML/CFT ,
Banking Sector ,
Basel Committee on Banking Supervision (BCBS) ,
Capital Markets ,
Cryptoassets ,
Distributed Ledger Technology (DLT) ,
EMIR ,
Environmental Social & Governance (ESG) ,
EU ,
EU Benchmark Regulation ,
European Banking Authority (EBA) ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Financial Regulatory Reform ,
Financial Services Industry ,
MiFIR ,
Regulatory Agenda ,
Short Selling ,
UK
Crypto firm bankruptcies and resulting disruption in the crypto ecosystem will continue to exacerbate liquidity and regulatory concerns in this space. Signs of contagion are evident as prices of almost every cryptocurrency...more
Everything, everywhere, all at once is our risk thesis for 2023, but one must not forget about concentration risk. This issue has rocketed up diligence agendas for LPs and GPs alike as the collapse of Silicon Valley Bank...more
On 29 March 2023, the United Kingdom’s Financial Conduct Authority (“FCA”) announced a delay to the upcoming policy statement on Sustainability Disclosure Requirements (“SDR”) and investment labels....more
Everything, everywhere, all at once, as a descriptor, captures the litigation and regulatory risks for the asset management industry in 2023. Every corner of the market faces greater risks than at any time since 2008. After...more
On 17 February 2023, Commission Delegated Regulation (EU) 2023/363 (“Delegated Regulation”) was published.
The Delegated Regulation amends the regulatory technical standards (“RTS”) laid down in Delegated Regulation (EU)...more
Background On 20 February 2023, the United Kingdom’s Financial Conduct Authority (“FCA”) published a discussion paper (DP23/2) on updating and improving the UK regime for asset management (the “Discussion Paper”).
As part...more
3/6/2023
/ Asset Management ,
Discussion Draft ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Investment ,
Investors ,
Legislative Agendas ,
Regulatory Agenda ,
UK ,
UK Brexit
On 20 February 2023, the European Securities and Markets Authority’s (“ESMA”) consultation paper (ESMA34-472-373) “Guidelines on funds’ names using ESG or sustainability-related terms” (the “Consultation”) closed to comments....more
2/24/2023
/ AIFs ,
Biodiversity ,
Climate Change ,
Environmental Social & Governance (ESG) ,
EU ,
European Economic Area (EEA) ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Greenwashing ,
National Private Placement Regimes (NPPR) ,
SFDR ,
Sustainability ,
UK ,
Water
31 January -
The European Supervisory Authorities (“ESAs”) published a joint consultation paper (JC 2022 76) on the system established by the ESAs for the exchange of information relevant to the assessment of the fitness...more
Background -
In August 2022, the United Kingdom Financial Conduct Authority (“FCA”) published a policy statement titled “[s]trengthening our financial promotion rules for high-risk investments and firms approving financial...more
In February 2022, the UK Government published the Corporate Transparency and Register Reform White Paper (the “White Paper”), which set out its plans to reform Companies House and increase the transparency of UK corporate...more
1/19/2023
/ Beneficial Owner ,
Corporate Counsel ,
Corporate Structures ,
Foreign Entities ,
Fraud ,
HMRC ,
Limited Partnerships ,
Money Laundering ,
Proposed Legislation ,
Russia ,
Scotland ,
Transparency ,
UK ,
Ukraine
Following the turn of the new year, our UK Regulatory specialists have examined the key regulatory developments in 2023 impacting a range of UK and European firms within the financial services sector. The key dates have been...more
1/18/2023
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Climate Change ,
Environmental Social & Governance (ESG) ,
EU ,
Greenwashing ,
Libor ,
MiFID II ,
Money Laundering ,
SFDR ,
Sustainability ,
Taxonomy ,
UK
On 10 March 2021,the Sustainable Finance Disclosure Regulation ((EU) 2019/2088) ("SFDR") came into force. This imposes environmental, social and corporate governance (“ESG”) and reporting requirements on a wide range of...more
12/23/2022
/ AIFM ,
Climate Change ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
Fund Managers ,
Investment Firms ,
Reporting Requirements ,
SFDR ,
Sustainability ,
Taxonomy
Key developments in November 2022: The Financial Services and Markets Act 2000 (Qualifying Provisions) (Amendment) Order 2022 (SI 2022/1252) was published together with an explanatory memorandum. The amendments allow for the...more
12/6/2022
/ Capital Requirements ,
Cryptocurrency ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
European Supervisory Authorities (ESAs) ,
Financial Conduct Authority (FCA) ,
Financial Stability Board ,
MiFID II ,
Prudential Regulation Authority (PRA) ,
UK
The United Kingdom Financial Conduct Authority (“FCA”) has become concerned that too many consumers are investing in high‑risk products without fully understanding them. To combat this, in August 2022, the FCA published a...more
Welcome to the Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation.
Key developments in October 2022:...more
11/2/2022
/ Bank of England ,
Capital Requirements Regulation (CRR) ,
CSDR ,
EMIR ,
Environmental Social & Governance (ESG) ,
European Banking Authority (EBA) ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
MiFID II ,
Prudential Regulation Authority (PRA) ,
SFDR ,
UK
On 25 October 2022, the United Kingdom’s Financial Conduct Authority (“FCA”) published a consultation paper (CP22/20) on Sustainability Disclosure Requirements (“SDR”) and investment labels (the “Consultation”).
The...more
Earlier this month, the United Kingdom’s Green Technical Advisory Group (“GTAG”) published its Advice on the Development of a UK Green Taxonomy (the “Report”). This is the first stage of analysis published by the GTAG and...more
Welcome to the Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation.
...more
10/5/2022
/ Bank of England ,
Capital Requirements Regulation (CRR) ,
Commission Delegated Regulation ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
European Supervisory Authorities (ESAs) ,
Financial Conduct Authority (FCA) ,
Financial Regulatory Reform ,
Financial Services Industry ,
Infrastructure ,
MiFID ,
MiFID II ,
MiFIR ,
MREL ,
Prudential Regulation Authority (PRA) ,
TLAC ,
UK
Welcome to the Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation.
Key developments in August 2022:
24 August -
The Financial Conduct Authority...more
9/7/2022
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Cryptoassets ,
Diversity and Inclusion Standards (D&I) ,
EU ,
European Central Bank ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
New Regulations ,
Prudential Regulation Authority (PRA) ,
UK
On 3 August 2022, the UK’s Financial Conduct Authority (“FCA”) published a policy statement (PS22/11) on improvements to the appointed representatives (“ARs”) regime. The FCA consulted on amendments to the AR framework in...more
Welcome to the UK Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation.
Key developments in July 2022: ...more
8/11/2022
/ EU ,
European Banking Authority (EBA) ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Financial Services Act ,
Investment ,
Liquidity ,
MiFIR ,
Prudential Regulation Authority (PRA) ,
SFDR ,
Sustainable Finance
On 25 July 2022, Commission Delegated Regulation ((EU) 2022/1288) (“SFDR RTS”) which supplements the Sustainable Finance Disclosure Regulation ((EU) 2019/2088) ("SFDR") and Regulation on the establishment of a framework to...more