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FMLC Proposes New Rule on Governing Law for Digital Assets

Proposed rule would be implemented by statute and would give primacy to parties’ choice of governing law and jurisdiction. There is at least a tentative consensus in English law that cryptocurrencies and other digital...more

FCA Decision Offers More Regulatory Clarity for Professional Crypto Investors

Professional investors will benefit from increased exposure to cryptoassets via traditional financial instruments, though retail investors’ exposure remains limited. In the fast-paced world of cryptocurrency, regulatory...more

UK Jurisdiction Taskforce Concludes Digital Assets Compatible With English Insolvency Law

The Legal Statement applies areas of insolvency law to digital assets, providing valuable guidance on the approach English courts will take. In October 2023, the UK’s Jurisdiction Taskforce (UKJT), which is made up of...more

FCA Board Focuses on AI

A new publication from the UK’s financial regulator signals to firms that they should take steps to manage risks in the use of AI. The UK’s Financial Conduct Authority (FCA) has published its latest board minutes...more

FCA Consults on Revamped Guidance for Financial Promotions on Social Media

Regulator clarifies that existing FCA rules will continue to apply but will also reflect the evolving landscape of financial promotions on social media. On 17 July 2023, the FCA published a guidance consultation (GC23/2)...more

BIS Issues Final Guidance on Stablecoin Regulation

The global central bank cooperative body would bring stablecoins within the international standards for payment, clearing, and settlement systems....more

Rising Regulation of Fintech Innovation - Implications for PE Investments

Assertive regulators are bringing greater clarity and new challenges as they step up oversight of fintech innovation. As the fast-growing fintech industry thrives, the sector has begun to attract greater regulatory...more

UK Payments Regulation Review: Making sense of where to go now - March 2022

UK Finance, The Payments Association, and Latham & Watkins have published UK Payments Regulation Review: Making sense of where to go now, a new report examining regulation of the UK’s payments industry and its impact on the...more

UK to Regulate Cryptoasset Promotions

HM Treasury has confirmed that it will bring certain unregulated cryptoassets within scope of the financial promotions regime. On 18 January 2022, the UK government confirmed its intention to bring the promotion of certain...more

NFTs - A Digital Opportunity for PE Sponsors

Beyond creative works and consumer products, NFTs open up new avenues for IP monetisation in the technology, life sciences, and pharmaceutical industries. Non-fungible tokens (NFTs), one-of-a-kind cryptoassets stored on...more

Taskforce Proposes New Approach to Financial Regulation in the UK

A report from the Taskforce on Innovation, Growth and Regulatory Reform provides recommendations for how the UK can “re-imagine” its approach to regulation post-Brexit. On 16 June 2021, the Taskforce on Innovation,...more

FCA Consults on Rule Changes to Accommodate SPACs

Proposed changes to the UK Listing Rules would allow certain SPACs to avoid a listing suspension. Key Points: ..The FCA is proposing to amend its rules so that SPACs meeting certain conditions and disclosure...more

Second FCA Consultation on New Prudential Regime for Investment Firms

Latest FCA consultation focuses on remuneration, risk management and governance, and liquidity requirements. Key Points: The consultation: ..Sets out the FCA’s proposals for the new remuneration rules for FCA...more

UK to Regulate Buy-Now-Pay-Later Market

The Woolard Review emphasises the urgency to bring all BNPL products under FCA supervision and sets out recommendations for the unsecured credit market. The UK government has announced that interest-free buy-now-pay-later...more

PRA Publishes Findings on Its Evaluation of the SMCR

The PRA has released a largely positive report, along with nine follow-up actions and recommendations on the SMCR for PRA-regulated firms. Key Points: ..There is no need for major changes to the SMCR. ..There are...more

UK Firms Granted Extra 15 Months for Brexit Onshoring Preparations

The FCA, Bank of England, and PRA have published updated rules for firms post-Brexit and intend to delay many (but not all) onshoring changes. Key Points: ..The FCA has published an updated version of the FCA Handbook,...more

Cyber and Payments are Priority Areas for Policy Changes

Elisabeth Stheeman of the Financial Policy Committee outlined the new frameworks for building operational resilience against cyber risks and protection of payment chains. On 9 September 2020, Elisabeth Stheeman, an...more

BoE Governor Speaks: Payments Firms Should Expect Regulatory Change

Andrew Bailey outlined what payments market participants can expect from regulators seeking to address financial stability risk in the world of payments, including as part of the rise and adoption of global stablecoins. On...more

FCA Issues New Safeguarding Guidance for Payment and E-Money Firms Amid COVID-19

The additional temporary guidance aims to strengthen the arrangements for safeguarding customers’ funds and firms’ prudential risk management in light of the impact of COVID-19. On 9 July 2020, the FCA published its...more

UK Government Proposes to Strengthen Protections Around Promotion of Financial Products and Cryptoassets

HM Treasury is planning significant changes to the financial promotion regime, including expanding its scope to certain cryptoassets, and amending the approval process for promotions of unauthorised firms. On 20 July 2020,...more

UK Government Launches Major Independent Review of UK Fintech Sector

The Fintech Strategic Review aims to ensure the ongoing growth and success of UK fintech as a world leader in financial innovation. On 20 July 2020, HM Treasury announced the launch of an independent review into the UK’s...more

Bank of England Selected to Host New Innovation Hub Centre

Bank for International Settlements selects Bank of England as the UK centre to host new FinTech hub. On 30 June 2020, the Bank of England announced that it had been selected to host a centre of the Bank for International...more

FCA Consults on Post-Brexit Prudential Regime for Investment Firms

Important changes ahead for investment firms as the FCA’s Discussion Paper (DP20/2) indicates that the UK may depart from EU capital rules. Key Points: ..FCA consults on a UK capital regime that in some respects breaks...more

FCA Fails to Find Its Watersheds Moment in Adams v. Options SIPP UK LLP

The English High Court’s findings are likely to have wide implications, not just for SIPP operators but for all regulated firms. Key Points: ..Regulatory obligations are not intended to take precedence over contractual...more

Competition and Innovation in the UK’s New Payments Architecture

Call for input: market players need to engage with the process for the procurement of the NPA - This Call for Input is part of the development of the Payment Systems Regulator’s (PSR) policy for the future regulation of...more

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