The ESAs urge the European Commission to consider a labelling rather than a disclosure regime to help consumers understand the sustainability goals of financial products....more
6/27/2024
/ Banking Sector ,
Consumer Financial Products ,
Corporate Governance ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
European Supervisory Authorities (ESAs) ,
Insurance Industry ,
Labeling ,
Marketing ,
SFDR ,
Sustainability ,
Sustainable Business Practices
The guidance was issued after ESMA and national regulators observed “high volatility episodes” in EU share prices, some of which took place shortly after pre-close calls with analysts....more
Guidelines indicate when asset managers may legitimately use ESG or sustainability-related terms in their fund names.
On 14 May 2024, ESMA published its final Guidelines on funds’ names using ESG- or...more
5/24/2024
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Climate Change ,
Corporate Governance ,
Environmental Social & Governance (ESG) ,
EU ,
European Securities and Markets Authority (ESMA) ,
Final Guidance ,
Investment Funds ,
SFDR ,
Sustainability ,
Sustainable Business Practices
The European Parliament and the Council of the EU have made some significant changes to the European Commission’s proposal.
Key Points:
..The agreed text includes important clarifications on the scope of the regime and...more
Political Agreement Reached on Corporate Sustainability Due Diligence Rules -
On 14 December 2023, the European Council (Council) and European Parliament (Parliament) reached a political agreement on the Corporate...more
Benchmark administrators should review the quality of their ESG benchmark disclosures ahead of a review by EU regulators during 2024.
On 13 December 2023, the European Securities and Markets Authority (ESMA), the EU’s...more
The changes will significantly modernise the regime and enhance consumer protections.
The EU has adopted a new Consumer Credit Directive, known as CCD2, which repeals and replaces the existing EU consumer credit regime...more
The proposal would substantially reduce the number of benchmarks in scope of the EU BMR.
On 17 October 2023, the European Commission published a legislative proposal that would significantly alter the benchmarks in scope...more
The EU regulators are reviewing the Sustainable Finance Disclosure Regulation introduced in 2021, exploring the need for potential additional adjustments.
On 14 September 2023, the European Commission initiated a...more
9/27/2023
/ Climate Change ,
Consultation ,
Disclosure Requirements ,
EU ,
European Commission ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Green Finance ,
Investment Products ,
SFDR ,
Sustainable Finance ,
UK
UK regulator follows the European Securities and Markets Authority in clarifying the scope of the trading venue perimeter.
On 5 July 2023, the FCA published its Policy Statement (PS23/11) containing final guidance on the...more
An evolving landscape of reforms in the ESG ratings sector continues to pose challenges to providers of ratings and scores.
International momentum to regulate ESG ratings continues as the European Commission released a...more
6/16/2023
/ Consultation ,
Corporate Governance ,
Data Collection ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Global Market ,
HM Treasury ,
India ,
IOSCO ,
Japan ,
Ratings ,
Regulatory Agencies ,
Regulatory Agenda
As the “most ambitious legislative proposal since the inception of EU financial regulation”, the changes would make significant amendments to MiFID II and PRIIPs.
On 24 May 2023, the European Commission (Commission)...more
6/6/2023
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Best Interest Standard ,
Capital Markets Union ,
EU ,
European Commission ,
Member State ,
MiFID ,
MiFID II ,
Packaged Retail And Insurance-Based Investment Products (PRIIPS) ,
Proposed Amendments ,
Retail Investors ,
Solvency II ,
UCITS
The spring of 2023 saw more dislocation in the global financial sector than any time since the 2008-09 financial crisis. In the US, banking institutions with over $500 billion in total assets failed, and other banks that were...more
6/5/2023
/ Banking Crisis ,
Banking Sector ,
Capital Requirements ,
Deposit Insurance ,
EU ,
Financial Crisis ,
Financial Regulatory Agencies ,
Financial Regulatory Reform ,
Global Economy ,
Liquidity ,
Regulatory Oversight ,
UK
The Commission has clarified requirements for financial product classifications and the definition of “sustainable investment” under the SFDR. ...more
5/24/2023
/ Alternative Investment Funds ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
European Supervisory Authorities (ESAs) ,
Financial Products ,
Investors ,
Market Participants ,
Marketing ,
Regulation Technical Standards (RTS) ,
SFDR ,
Sustainability ,
Sustainable Business Practices ,
UCITS
The “AIFMD II” proposals continue their progress through the EU legislative process with more detail provided, but in many areas specific criteria will not be known until Level 2 measures are developed.
On 9 February 2023,...more
Latham lawyers highlight key takeaways and developments in the sustainability space from the second half of the year.
...more
12/22/2022
/ Antitrust Provisions ,
Climate Change ,
Consultation ,
Corporate Governance ,
Corporate Social Responsibility ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Forced Labor ,
Greenhouse Gas Emissions ,
Investment Funds ,
Sustainability
The European Securities and Markets Authority proposes to restrict ESG- and sustainability-related terms in the naming of funds, with an eye on the US and UK fund naming regimes.
On 18 November 2022, the European...more
EU Parliament and Council reach agreement on CSRD -
European Parliament and European Council | 21 June 2022 -
The European Parliament and European Council reached a provisional political agreement on the terms of the...more
8/18/2022
/ Antitrust Provisions ,
Blocked Mergers ,
Corporate Governance ,
Due Diligence ,
EU ,
EU Directive ,
European Commission ,
European Parliament ,
Exemptions ,
Natural Gas ,
Nuclear Power ,
Reporting Requirements ,
Sustainability ,
Sustainable Business Practices ,
Sustainable Finance ,
Unfair or Deceptive Trade Practices
Special purpose acquisition companies (or SPACs) saw a significant increase in popularity in 2020, which has continued into 2021. This trend, which largely started in the United States, has spread to global capital markets...more
Proposed changes seek to reflect the integration of sustainability considerations into MiFID II.
The European Securities and Markets Authority (ESMA) is consulting on updates to its Guidelines on the MiFID II suitability...more
Truly Green? CMA Continues to Evolve Guidance and Metrics for Companies’ Environmental Claims -
The Competition and Markets Authority’s (CMA’s) Green Claims Code (the Code) and final guidance (the Guidance) on...more
12/22/2021
/ Climate Change ,
Coronavirus/COVID-19 ,
Disclosure Requirements ,
EU ,
Green Marketing ,
Net Zero ,
New Guidance ,
Regulation Technical Standards (RTS) ,
Sustainability ,
Taxonomy ,
UK ,
UK Competition and Markets Authority (CMA)
Green shoots emerge as PE firms consider new ways to incorporate ESG into dealmaking.
Market sentiment and the increasing importance of environmental, social, and governance (ESG) to firms’ competitiveness across the...more
10/7/2021
/ Climate Change ,
Consultation ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Reporting ,
General Partnerships ,
Limited Partnerships ,
Private Equity ,
Private Equity Funds ,
Publicly-Traded Companies ,
SFDR ,
Sustainable Business Practices ,
UK
The global asset management community has long been among the leaders in recognising the investment and risk management benefits of tracking the environmental, social, and governance (ESG) performance of the assets it invests...more
10/4/2021
/ Asset Management ,
Business Strategies ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Services Industry ,
Germany ,
Global Standards ,
Hong Kong ,
Investment Management ,
Multinationals ,
Publicly-Traded Companies ,
Singapore ,
Sustainability ,
UK
Delivering the European Green Deal | Fit for 55 package -
The European Commission has put forward Fit for 55, a package of legislative proposals to make its policies fit for delivering the updated 2030 greenhouse gas...more
UK rules will diverge from the much-criticised EU framework.
On 20 July 2021, the FCA published a Consultation Paper (CP21/23) on amending the UK PRIIPs Regulation. The FCA has long held concerns about the PRIIPs...more
7/22/2021
/ Consultation ,
Corporate Bonds ,
Debt Securities ,
Disclosure Requirements ,
EU ,
European Supervisory Authorities (ESAs) ,
Financial Conduct Authority (FCA) ,
Financial Instruments ,
Financial Services Industry ,
Investment Funds ,
Market Participants ,
Packaged Retail And Insurance-Based Investment Products (PRIIPS) ,
Regulation Technical Standards (RTS) ,
Retail Investors ,
UK ,
UK Brexit