With the implementation deadline looming, the FCA has set out some additional guidance for firms.
With one month to go until the Consumer Duty (Duty) implementation deadline of 31 July 2023 (for new and existing products...more
What Is the Consumer Duty?
To recap, a core priority for the Financial Conduct Authority (FCA) is improving outcomes for consumers. The FCA has stated that it is concerned that, due to the way financial services markets...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 FCA has published the findings from its review of firms’ fair value assessment frameworks and set out implementation priorities for firms.
On 10 May 2023, the FCA published a speech by Sheldon Mills, FCA Executive...more
The Future Regulatory Framework and Consumer Duty will be key areas of focus for the coming year.
On 5 April 2023, the FCA published its Business Plan for 2023/24. The Business Plan sets out a number of priority areas...more
Consumer-facing companies face an increasingly complex UK regulatory landscape as multiple regulators place the spotlight on consumer rights and protections. A raft of new legislation is set to impact businesses and PE...more
4/5/2023
/ Buy Now Pay Later (BNPL) ,
Compliance ,
Consumer Contracts ,
Consumer Credit Protection ,
Consumer Financial Products ,
Financial Conduct Authority (FCA) ,
New Legislation ,
Portfolio Companies ,
Private Equity ,
Retail Investors ,
Sponsors ,
UK
The consultation considers what a potential regulatory regime would look like, and its proposed scope.
On 30 March 2023, HM Treasury published a consultation on regulating ESG ratings providers, which ties in with and...more
3/31/2023
/ Consultation ,
Environmental Social & Governance (ESG) ,
Financial Conduct Authority (FCA) ,
Green Finance ,
HM Treasury ,
IOSCO ,
Rating Agencies ,
Rating System ,
Ratings ,
Regulatory Oversight ,
Third Country Entities (TCEs) ,
UK
The regulator is concerned that ESG-related disclosures are not meeting expectations.
The FCA has published a Dear CEO letter sent to benchmark administrators on 20 March 2023, expressing concerns about the quality of...more
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
The letters ask senior management to prioritise implementing the Duty.
On 3 February 2023, the FCA published Dear CEO/Director letters underscoring the immediate (i.e., during the implementation period up until 31 July...more
2/7/2023
/ Consumer Credit Protection ,
Consumer Lenders ,
Dear CEO Letter ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Financial Services Industry ,
Insurance Industry ,
Investment Adviser ,
Mortgage Lenders ,
Senior Managers ,
UK
The FCA has reviewed firms’ progress to embed the Duty into their businesses, providing good and poor practice examples for firms to improve and direct their implementation work.
The Consumer Duty (Duty) rules (as set...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 FCA stated that the perpetrator’s character is key to non-financial misconduct investigations, which suggests a mismatch with recent case law.
In last year’s Frensham case, the Upper Tribunal considered how relevant...more
The FCA’s latest report into D&I highlights the need for additional metrics, social mobility, firm culture, staff development, data quality, and systematic strategies.
In 2021 and 2022, the FCA carried out a survey of...more
The guiding principles are similar to related proposals from other banking regulators, but will require further clarification through the comment process.
On December 2, 2022, the Board of Governors of the Federal...more
12/12/2022
/ Climate Change ,
Comment Period ,
Corporate Governance ,
Federal Reserve ,
Financial Institutions ,
Foreign Banks ,
Governance Standards ,
Large Financial Institutions (LFIs) ,
Proposed Regulation ,
Risk Management ,
Risk-Based Approaches ,
Strategic Planning ,
Supervision
The FCA has long since regarded non-financial misconduct as potentially relevant to the integrity and reputation elements of a regulated individual’s fitness and propriety. While not formally defined, non-financial misconduct...more
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
The FCA hopes the proposals will protect consumer trust in ESG-related financial products and help consumers navigate the increasingly complex ESG-related financial market.
On 25 October 2022, the UK’s Financial Conduct...more
The Financial Services Skills Commission has issued an insight paper outlining how companies can collect and evaluate data on employees’ socioeconomic backgrounds.
Socioeconomic backgrounds of employees and socioeconomic...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
The FCA emphasised the increasing prevalence of providers and the potential harm from lack of regulation in this area.
In June 2022, the UK’s Financial Conduct Authority (FCA) issued a Feedback Statement in response to a...more
The SEC proposals track EU requirements in certain respects, but differences in content and scope could leave advisory firms with increasingly complex compliance challenges.
Key Points:
..The proposal on ESG...more