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EU Kicks Off MAR Review

The European Commission has set out the elements of MAR that it wishes to consider as part of a planned review. Key Points: ..The formal review of MAR will consider not only the topics mandated for review by the...more

Will Regulatory Reform Make Cryptoassets the Next Buyout Boom for Private Equity?

Recent and upcoming regulatory guidance on cryptoassets and the regulation of companies engaged in digital currency, such as issuers, crypto-exchanges, crypto-custodians, crypto-brokers, and other service providers, could...more

MiFID II Costs and Charges - Room For Improvement

The FCA has issued feedback from its review of firms’ costs and charges disclosures under MiFID II. Key Points: ..The FCA found that, despite firms being aware of the rules and taking compliance seriously, firms are not...more

Brexit and Financial Services - FCA Issues Further Guidance For Firms

The FCA outlines how it intends to use its temporary transitional powers in a no-deal scenario. Key Points: ..The FCA has highlighted areas in which transitional relief will not be granted in a no-deal...more

Regulating Crypto-assets and ICOs? ESMA and EBA Consider the Benefits

ESMA and the EBA publish documents considering the application of the EU regulatory regime to crypto-assets and ICOs. Key Points: ..ESMA highlights the importance of taking a technology-neutral approach to regulation,...more

Brexit and Financial Services — UK Equivalence Decisions

HM Treasury has published draft legislation that will allow the UK to make timely equivalence decisions in relation to the EU. Key Points: ..Post-Brexit, HM Treasury will take on the role of making equivalence decisions...more

European Commission Report on the Operation of the AIFMD

Report concludes that the AIFMD has been helpful in building a market for AIFs, but is not free from issues. Key Points: ..The report concludes that the AIFMD has played a significant role in helping to create an...more

Brexit and Financial Services - Temporary Permissions

The UK’s temporary permissions regime appears to be a helpful concession for inbound firms, but there are some hidden challenges. Key Points: ..The UK regulators have set out further details of the rules they propose...more

FCA CP18/36 — The Second Brexit Onshoring Consultation

The FCA has published a second consultation on the Brexit onshoring project. Like the first, and many other Brexit onshoring documents, it is both long and very technical. However, a number of important policy points are...more

Brexit and Financial Services — Onshoring MiFID II

Latham & Watkins demystifies the process for onshoring the MiFID II regime, and outlines the key changes for firms operating in the UK. Key Points: ..The onshoring process is designed to preserve the status quo as much...more

FCA Supports Guidelines on the Open Banking Fall-Back Provisions Exemption

The FCA has outlined its approach to implementing key standards under the revised Payment Services Directive. The FCA has published a statement on its website relating to the European Banking Authority’s (EBA’s) Opinion...more

The MiFID II Inducements Regime

MiFID II contains a number of inducements requirements, including rules relating to conflicts of interest, research, hospitality, corporate access, and payment for order flow. This Client Alert outlines these requirements and...more

Commission Publishes Study of EU Market in Retail Investment Products

The Commission shares the results of a 2017 study into the current functioning of European markets for retail investment products. Key Points: ..The European Commission’s Final Report is the result of examining a broad...more

Cryptocurrencies and Prepaid Cards Face Closer AML Regulation in the EU

New EU anti-money laundering measures have been approved by European legislators. The European Parliament and Council have finally signed off on the text of the fifth Anti-Money Laundering Directive (known as MLD5)....more

Payments Innovation and Competition in Retail Banking Services Stay High on FCA Agenda for 2018

Driven by payments innovation and new regulation, 2018 is cited as the year for some of the most significant changes retail banking has seen. At the Westminster Business Forum for Digital Payments, Adoption, Innovation and...more

ESMA Provides Further Clarity on Initial Coin Offerings in Europe

Following our 7 November 2017 blog “Europe as a Hub for Initial Coin Offerings”, the European Securities and Markets Authority (ESMA) has published two statements on Initial Coin Offerings (ICOs). The statements underline...more

ECB Announces Support for Fintech Bank Applicants

On 15 November 2017, the European Central Bank (ECB) published a newsletter containing an article on how the ECB is dealing with the increasing number of fintech bank applications. The ECB is the banking supervisor, alongside...more

ESMA Highlights EU Regulatory Rules Applicable to ICOs

ESMA has published two statements highlighting ICO risks for investors and EU regulatory rules applicable to issuers and advisors involved with ICOs. The European Securities and Markets Authority (ESMA) published two...more

Europe as a Hub for Initial Coin Offerings?

Initial coin offerings (ICOs) involve issuers offering virtual coins or tokens that are created and disseminated using blockchain or distributed ledger technology. Virtual coins resemble cash in a number of ways but may also...more

Distributed Ledger Technology in the Financial Market Infrastructure

The Project Stella report, a European Central Bank (ECB) and Bank of Japan (BOJ) joint venture, details the applicability of distributed ledger technology for financial market infrastructure. During a one-month research...more

MiFID II – Second Policy Statement and Further Consultation

The FCA has published its second Policy Statement on MiFID II implementation, plus a further Consultation Paper on residual issues. Key Points: ..The FCA has made significant changes to some proposals, particularly in...more

Up into the Clouds?

Cloud services come with the promise of many benefits for the financial services sector. Cloud computing offers large-scale and cost-effective solutions for data storage and efficient processing and is also the underlying...more

Banking on IT

The European Banking Authority (EBA) has published its consultation document on security measures for operational and security risks under the revised Payment Services Directive (PSD2). The WannaCry ransomware attack that...more

European Parliament’s Committee on Economic and Monetary Affairs Publishes Fintech Report

On April 28th, the European Parliament’s Committee on Economic and Monetary Affairs (ECON) published a report about Fintech and the influence of technology on the future of the financial sector. The report, prepared by Cora...more

FCA’s Latest Papers on the Implementation of MiFID II

Fifth Consultation Paper and first Policy Statement issued, with the FCA’s second Policy Statement due in June. The FCA has just published two further papers on its approach to implementing MiFID II. The first, which is...more

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