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Financial Conduct Authority (FCA) Due Diligence United Kingdom

Alston & Bird

Structured Finance Spectrum - Summer 2024

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Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the new UK securitization regime, eHELOCs, and climate risk disclosures....more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - July 2024 #4

In this week’s edition we discuss the implications of a decision against the National Crime Agency, which the UK’s Court of Appeal held had misinterpreted the law when it refused to investigate whether imported cotton was...more

Cadwalader, Wickersham & Taft LLP

The New UK Securitisation Rules : A Practical Overview and Comparison

On 30 April 2024, the Financial Conduct Authority (the “FCA”) published Policy Statement PS24/4 (“PS24/4”) setting out the final FCA Securitisation Sourcebook (“SECN”). Subject to the repeal of the Securitisation Regulation...more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - May 2024

In this week’s edition, we take a detailed look at the Financial Conduct Authority’s guidance on the anti-greenwashing rule, which requires in-scope firms to ensure that their sustainability claims are consistent, fair, clear...more

A&O Shearman

UK Publishes Draft Securitisation (Amendment) Regulations 2024

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The draft Securitisation (Amendment) Regulations 2024 were published on April 22, 2024. In combination with the Securitisation Regulations (S.I. 2024/102), the draft Regulations will provide the U.K.'s new regulatory...more

Latham & Watkins LLP

In Practice: Preparing for a New UK Securitisation Framework

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The start of 2024 heralds the rollout of a new suite of rules for securitisation in the UK, which once adopted, will replace the existing on-shored UK Securitisation Regulation (the “UKSR”). Originally published in...more

Proskauer - Blockchain and the Law

The Investment Association Publishes a “Blueprint” for Fund Tokenisation in the UK

On 24 November 2023, the Investment Association published a report on behalf of the wider Technology Working Group to the UK Government’s Asset Management Taskforce (the “Working Group”) on a “Blueprint” for the...more

Paul Hastings LLP

Financial Sanctions—Ten Key Due Diligence Principles

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This Note is the second part of our look at regulatory expectations for sanctions compliance in the U.K. The first part of our review looked at Financial Conduct Authority (“FCA”) systems and controls requirements. The focus...more

Dechert LLP

UK Government Proceeds with Comprehensive Regulatory Regime for Cryptoassets

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The definition of a “cryptoasset” is unchanged from the February Consultation. The cryptoasset activities that will come into scope of the new regime are unchanged from those in the February Consultation, with amendments...more

Dechert LLP

EU Regulatory Technical Standards on Risk Retention Finalized

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After years of waiting and multiple drafts, the final version of the EU Regulatory Technical Standards on risk retention was published in the Official Journal of the European Union on 18 October 2023. In addition, we have...more

Paul Hastings LLP

Financial Sanctions—Systems and Controls for FCA Firms

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Enforcement and legal risks relating to sanctions compliance remain high and all firms should continue to exercise care in meeting regulatory expectations. The promulgation of new sanctions relating to Russia has slowed but...more

Morgan Lewis

HM Treasury Publishes Near-Final Draft of UK Securitisation Regulations 2023

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HM Treasury recently published a near-final draft of a statutory instrument that, together with rules to be made by the UK regulators, will replace the UK Securitisation Regulation. This will result in some noteworthy changes...more

BCLP

Corporate Briefing - July 2023

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Welcome to the Corporate Briefing, where we review the latest developments in UK corporate law that you need to know about. In this month’s issue, we discuss...more

K2 Integrity

Cryptoassets and the Premier League: Are the Premier League and Its Member Clubs Protecting Fans’ Interests?

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The Collins Dictionary word of the Year for 2021 was NFT (Non-Fungible Token), defined as “a unique digital certificate, registered in a blockchain, that is used to record ownership of an asset such as an artwork or a...more

WilmerHale

OFSI Issues Updated Guidance Relating to Assessments of due Diligence Conducted in Relation to the “Ownership and Control” Test,...

WilmerHale on

The Office of Financial Sanctions Implementation (OFSI) has updated its ‘enforcement and monetary penalties for breaches of financial sanctions’ guidance, which was last updated in June 2022. ...more

Dechert LLP

Treating Crypto Fairly: The New UK Government Consults on a Comprehensive Regulatory Regime for Cryptoassets

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The United Kingdom HM Treasury (“HMT”) on 1 February 2023 launched its first consultation on the future regulatory regime for cryptoassets (the “Cryptoassets Consultation”). At the same time, it also published a response to...more

K2 Integrity

ESG Certification: Assisting in Mitigating Greenwashing for Investors, Managers, Funds and Regulators

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There have been numerous positive developments in the evolution of ESG investing. Still, the research needed to assess which investments are truly ESG-compliant and which are tantamount to greenwashing is burdensome...more

Goodwin

Buying a UK Crypto Business: The New Regulatory Hurdles

Goodwin on

​​​​​​​The advance of the regulation of crypto-assets and crypto-related service providers has been piecemeal in the U.K. The latest round of changes took place in the Money Laundering Regulations 2017 (MLR) on 1 September...more

Jenner & Block

Systems and controls failings lead to criminal charges for UK NatWest Bank

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NatWest pleaded guilty on Thursday 7 October 2021 to criminal charges brought by the UK financial services regulator, the Financial Conduct Authority (the “FCA”). The FCA had charged NatWest with failing to properly monitor...more

Latham & Watkins LLP

ESG Toolkit Expands for European PE

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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

American Conference Institute (ACI)

[Event] Anti-Corruption London - November 2nd - 3rd, London, United Kingdom

C5's 15th International Conference on Anti-Corruption London will take place November 2 – 3, 2021 in Millennium Hotel London Knightsbridge, London. Join your peers for the IN-PERSON reunion of the legal and compliance...more

K2 Integrity

Regulatory Tolerance Wearing Thin When it Comes to AML Deficiencies

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The Financial Conduct Authority’s (FCA’s) inaugural use of its criminal money laundering powers under Regulation 45 of the UK Money Laundering Regulations 2007 (MLR) against NatWest is viewed by many as a warning shot to...more

Latham & Watkins LLP

FCA Publishes Review of Asset Managers’ Implementation of MiFID II Product Governance Rules

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FCA found instances of non-compliance with the product governance rules which, in its view, increases the risk of investor harm. Background - On 26 February 2021, the FCA published a webpage setting out eight asset...more

Hogan Lovells

UK FCA becomes AML/CFT crypto supervisor

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The UK Financial Conduct Authority (FCA) has become the anti-money laundering and countering the financing of terrorism (AML/CFT) supervisor for some types of cryptoasset businesses. These will need to meet certain...more

A&O Shearman

UK Regulator Publishes Thematic Review of Money-Laundering Risks in Capital Markets

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The U.K. Financial Conduct Authority has published a report on its thematic review assessing money-laundering risks posed to capital markets. The review involved 19 participants including investment banks, recognised...more

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