News & Analysis as of

Regulation Technical Standards (RTS)

A&O Shearman

EBA opinion on EC's partial rejection of RTS on information required in application for authorisation of ARTs

A&O Shearman on

The European Banking Authority (EBA) has published an opinion (dated 25 February) on the European Commission's (EC's) amendments relating to the final draft regulatory technical standards (RTS) on the information to be...more

Hogan Lovells

The EUs Markets in Crypto-Assets MiCA Regulation a status update

Hogan Lovells on

The Markets in Crypto-Assets Regulation (Regulation (EU) 2023/1114) (henceforth “MiCA”), which entered into force in June 2023, seeks to establish a comprehensive regulatory framework for crypto-assets across the EU. However,...more

Katten Muchin Rosenman LLP

European Commission Rejects Draft DORA RTS on Sub-contracting

The European Commission (Commission) recently published a letter (Letter) that it sent to the European Supervisory Authorities (ESAs) rejecting certain draft regulatory technical standards (RTS) under the EU Digital...more

White & Case LLP

CRR III – Prudential treatment of crypto exposures

White & Case LLP on

Background – CRR III introduces a new transitional framework for the prudential treatment of exposures in crypto-assets. The new framework is applicable to credit institutions as of 9 July 2024 and includes own funds...more

Latham & Watkins LLP

ESAs Provide Guidelines to Harmonise the Cryptoasset Classification Under MiCA

Latham & Watkins LLP on

On 10 December 2024, the European Banking Authority (EBA), the European Insurance and Occupational Pensions Authority (EIOPA), and the European Securities and Markets Authority (ESMA) (together, ESAs) have published new joint...more

Goodwin

Loan Fund Structures under AIFMD2: ESMA’s Proposals

Goodwin on

In our recent alert Loan Origination Under AIFMD2: A Guide on loan origination under the revised Alternative Investment Fund Managers Directive (AIFMD2), we noted that the European Securities and Markets Authority (ESMA)...more

A&O Shearman

Bank of England Consults on Revocation of UK Technical Standards on Simplified Obligations

A&O Shearman on

The Bank of England has published a consultation paper on the proposed revocation of the U.K. technical standards on simplified obligations. The U.K. retained the EU framework for determining the level of information required...more

Hogan Lovells

Green STS securitisations moving forward with standardised sustainability disclosures

Hogan Lovells on

On 8 July 2024, the European Commission Delegated Regulation (EU) 2024/17001 entered into force, providing long-awaited regulatory technical standards (RTS) as mandated under Articles 22(6) and 26d(6) of the EU Securitisation...more

Goodwin

EU Commission Regulations on Digital Operational Resilience: A Reminder That DORA is Less Than Three Months Away and Will Apply to...

Goodwin on

The European Commission’s adoption on 23 October 2024 of the two regulations (Regulations) supplementing the [the Regulation on digital operational resilience for the financial sector Publications Office (europa.eu)] (DORA)...more

Morgan Lewis - Tech & Sourcing

Preparing for DORA: ESAs Publish Incident Reporting Requirements

In our latest blog post on preparing for the EU’s Digital Operational Resilience Act (DORA), entering into force on January 17, 2025, we take a look at second-level requirements under  DORA covering the classification and...more

Dechert LLP

Dechert Cyber Bits - Issue 59

Dechert LLP on

U.S. Court Axes Most of SEC's SolarWinds Data Breach Suit - The U.S. District Court for the Southern District of New York recently dismissed much of the U.S. Securities and Exchange Commission’s (“SEC”) suit against...more

Morgan Lewis - Tech & Sourcing

Preparing for DORA: Subcontracting ICT Services – Contract Requirements

Beginning January 17, 2025, financial entities based in the European Union must have in place processes and policies, and mandatory contract provisions with their third-party technology vendors, that comply with the EU...more

Goodwin

ELTIF 2.0 RTS: Second Time Lucky and A Positive Step Forward on Liquidity and Redemptions

Goodwin on

In our previous alerts (here and here), we noted critical feedback that the European Commission (Commission) gave to the European Securities and Markets Authority (ESMA) on its December 2023 draft Regulatory Technical...more

Proskauer - Regulatory & Compliance

ELTIF 2.0 – Final RTS Published

Background - On 19 July 2024, the European Commission published final regulatory technical standards (the “RTS”) in respect of Regulation EU/2023/606 relating to the European long-term investment fund (“ELTIF 2.0”). This...more

Goodwin

ESA Publications on Digital Operational Resilience: A Reminder That DORA is Less Than Six Months Away and Will Apply to US and UK...

Goodwin on

The publication by the Joint Committee of the European Supervisory Authorities (ESAs) on (a) 17 July 2024 of the second batch of implementing materials and (b) 26 July 2024 of the sub-contracting of information and...more

Hogan Lovells

Final report on DORA subcontracting RTS published

Hogan Lovells on

On 26 July 2024, the three European Supervisory Authorities (EBA, EIOPA and ESMA) published the final report on the draft Regulatory Technical Standards relating to subcontracting ICT services supporting critical or important...more

Hogan Lovells

Final DORA level 2 regulation published

Hogan Lovells on

The three European Supervisory Authorities (EBA, EIOPA and ESMA) published the second batch of level 2 rules under the Digital Operational Resilience Act (“DORA”) on 17 July 2024....more

Goodwin

Acquiring or Investing in EU Crypto-Asset Businesses: Further Clarity on MiCA

Goodwin on

In our previous alert “Acquiring or Investing in EU Crypto-Asset Businesses: MiCA’s Impact,” we discussed the impact of the European Union (EU) Markets in Crypto-Assets Regulation (MiCA) on the acquisition or investment in EU...more

Mayer Brown

European Commission adopts delegated regulation relating to sustainability disclosures for STS securitisations

Mayer Brown on

On 5 March 2024, the European Commission adopted a delegated regulation that will supplement the EU Securitisation Regulation with regulatory technical standards ("RTS") in relation to simple, transparent and standardised...more

Goodwin

ELTIF 2.0 RTS: Commission Orders ESMA to Think Again

Goodwin on

In our previous alert, we looked at the draft revised Regulatory Technical Standards (RTS) supplementing the amended ELTIF Regulation (ELTIF 2.0) published by the European Securities and Markets Authority (ESMA) in its...more

Morgan Lewis

AIFMD II - A Moderate Reform After More Than 10 Years of Application of the AIFMD

Morgan Lewis on

The Alternative Fund Managers Directive (AIFMD - Directive 2011/61/EU) came into effect in Germany on July 22, 2013 when the AIFM Implementation Act came into force and brought about fundamental changes to German investment...more

Latham & Watkins LLP

In Practice: Preparing for a New UK Securitisation Framework

Latham & Watkins LLP on

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

Goodwin

What DORA Means for Fund Managers

Goodwin on

Q: What is DORA? “DORA” stands for the Digital Operational Resilience Act, an EU regulation that creates a new framework for the EU financial sector with regard to information and communications technology (ICT)....more

Goodwin

ELTIF 2.0: ESMA Provides Some Final Details

Goodwin on

In our previous alert ELTIF Reform: A Milestone in the Development of an EU Private Fund Structure for Accessing Wholesale Markets, we discussed the EU Commission’s adoption of a revised regulation for the European Long-Term...more

Proskauer - Regulatory & Compliance

ELTIF 2.0 – what is the latest on the Draft RTS?

On 19 December 2023, the European Securities and Markets Authority (“ESMA”) published its final report setting out its draft regulatory technical standards (the “Draft RTS”) on Regulation (EU) 2023/606 (the “ELTIF 2...more

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