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Jones Day

FCA Consulting on Proposed Changes to the Derivatives Trading Obligation

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The Background: In 2021, the Financial Conduct Authority ("FCA") and HM Treasury began consulting on the Wholesale Markets Review (the "Review"), a broad review of the structure, functioning, and regulation of secondary...more

Hogan Lovells

EU Second Consumer Credit Directive: Scope and impact for buy-now pay-later (BNPL) providers

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Among the changes introduced by the Second Consumer Credit Directive ((EU) 2023/2225) (CCD II) is an expansion of the scope of the current consumer credit regime under Directive 2008/48/EC (CCD I). The aim is to increase...more

A&O Shearman

An interest-ing question: when is a default interest rate a penalty?

A&O Shearman on

The Court of Appeal has affirmed a three-step test for penalty clauses: (1) is it a secondary obligation; (2) does the clause protect a legitimate interest; and (3) is it extortionate by reference to the legitimate interest?...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights – June 2024

Explore the unique considerations for mergers and acquisitions in the AI sector, the return of IPOs, the implications of new Supreme Court decisions and other developments in this edition of Skadden’s quarterly Insights....more

Mayer Brown

Outline CRR III / CRD VI - Final Basel III Standards

Mayer Brown on

I. IMPLEMENTING BASEL III THROUGH THE CRR III REGULATION - The Basel III standards comprise a package of reforms that were largely agreed by the Basel Committee on Banking Supervision ("BCBS") in December 2017 and set out...more

White & Case LLP

Side Letters: Just Paper Tigers, Or Do They Roar?

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Side letters document bespoke arrangements between all or certain parties to a financing transaction and supplement the terms of the principal documents thereto. Becoming increasingly popular with stakeholders, and with the...more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - April 2024 #5

In this edition we discuss several updates aimed at the financial sector, including transition planning reports published by the Network for Greening the Financial System, prudential guidance from the Bank of England on how...more

Cadwalader, Wickersham & Taft LLP

Liquidity Management, Loan Origination and Credit Funds under AIFMD II

I. Background and Scope - On 7 February 2024, the European Union adopted a final text amending the AIFMD and UCITS directives (AIFMD II). This memo considers what are entirely novel requirements attaching to liquidity...more

Skadden, Arps, Slate, Meagher & Flom LLP

Fintech Focus Podcast | Are Regulators Dictating Fintech Deal Terms?

Skadden presents the inaugural episode of our podcast “Fintech Focus,” which will explore current trends, news and developments in the fintech space. European counsel and host Joseph Kamyar kicks off the series with colleague...more

Alston & Bird

EU’s Highest Court Issues Major AI Decision With Wide-Reaching Impact

Alston & Bird on

On 7 December 2023, the Court of Justice of the European Union (CJEU) issued an important decision on how the GDPR governs AI-assisted decisions. The case arose in the financial services context, with the court holding that...more

Latham & Watkins LLP

EU Revamps Consumer Credit Rules

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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

Akin Gump Strauss Hauer & Feld LLP

EU Regulatory Developments on Credit Markets

What’s New? A new European Union (EU) Directive on Credit Servicers and Credit Purchasers (the Directive) requires investors who acquire, manage, or sell non-performing loans (NPLs), issued by EU-authorised credit...more

Cadwalader, Wickersham & Taft LLP

How to Prepare for a Real Estate Enforcement in Europe, Part 4 – Challenges

In this mini-series on European real estate enforcements and restructurings, we have covered how to prepare for an enforcement in Part 1, emphasised the importance of valuation evidence in Part 2 and highlighted key...more

Goodwin

CFPB and Justice and Consumer Protection of the European Commission Announce Plans for an “Informal Dialogue”

Goodwin on

On July 17, 2023, Didier Reynders, Commissioner for Justice and Consumer Protection of the European Commission and Rohit Chopra, Director of the Consumer Financial Protection Bureau, announced the start of an “informal...more

Akin Gump Strauss Hauer & Feld LLP

EMIR - Proposed Changes to EU Derivatives Rules

European Union (EU) proposals for changes to the over-the-counter (OTC) derivatives trading rules are underway. The final rules are not yet agreed, but we set out a summary of the proposals below....more

Cadwalader, Wickersham & Taft LLP

Happy FFFourth! June 2023 - FFA European Fund Finance Symposium Review, Part 2

We reported in last week’s edition of Fund Finance Friday on some of the significant themes and topics at the FFA 7th Annual European Fund Finance Symposium....more

Hogan Lovells

EU Non-Performing Loans Directive: Potential impact of implementation in some key Member States

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The EU Directive (EU) 2021/2167 (NPL Directive), published in the Official Journal of the EU on 8 December 2021 and regulating the sale, purchase and servicing of both consumer and commercial non-performing loans (NPLs)...more

Orrick, Herrington & Sutcliffe LLP

EU says EU-US Data Privacy Framework lacks adequate protections

On February 14, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs released a draft motion for a resolution concerning the adequacy of protections afforded under the EU-US Data Privacy Framework....more

Cadwalader, Wickersham & Taft LLP

ESMA Announces Review Covering the Marketing of Financial Products across EU including Greenwashing

On January 16, 2023, the European Securities and Markets Authority (ESMA) announced the launch of a common supervisory action (CSA) in partnership with EU Member State national competent authorities (NCAs). The CSA will cover...more

A&O Shearman

UK Government Publishes Brexit Freedoms Bill Setting Deadline for Revocation of EU Law

A&O Shearman on

The U.K. Government has published the Retained EU Law (Revocation and Reform) Bill, known as the Brexit Freedoms Bill, which aims to repeal or assimilate retained EU law and abolish the principle of the supremacy of EU law in...more

Cadwalader, Wickersham & Taft LLP

In Depth: Latest Compromise Text in Relation to AIFMD2 Proposals on Loan Origination Funds

On 1 June 2022, the French Presidency published its “final” compromise text in relation to the revision to the EU Alternative Investment Fund Managers Directive (known as “AIFMD2”). According to this latest AIFMD2...more

Jones Day

Further Clarifications on Anti-Greenwashing Standards for Financial Products in the European Union

Jones Day on

In its Sustainable Finance Roadmap 2022-2024, European Securities and Markets Authority ("ESMA") has recently underscored the importance of developing a cohesive supervisory approach in the area of sustainable finance across...more

Hogan Lovells

Consumer finance regulatory news, July 2021

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CCD: European Commission adopts proposed Directive on consumer credits The European Commission has adopted a proposed Directive on consumer credits to revise and replace the Consumer Credit Directive (CCD). The Commission has...more

Hogan Lovells

Consumer finance regulatory news, June 2021

Hogan Lovells on

Recurring subscription payments: European Commission writes to major credit card companies The European Commission has updated its webpage on coordinated actions relating to consumer rights to announce that, together with the...more

Hogan Lovells

Financial institutions general regulatory news, April 2021

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UK-EU MoU on regulatory cooperation in financial services - HM Treasury has announced that technical discussions on the text of the memorandum of understanding (MoU) on UK-EU regulatory cooperation in financial services have...more

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