Europe: ELTIF 2.0 Has Been Published
On 15 March 2023, amendments to the EU Regulation on the European Long-Term Investment Fund (ELTIF) were published in the Official Journal of the European Union. They will apply from 10 January 2024.
Read MoreSingapore: Financial Institution Guidance to Enhance Vigilance Over Money Laundering and Terrorism Financing
By Edward Bennett and Jordan Seah
The Monetary Authority of Singapore (MAS), Singapore’s central bank and financial regulatory authority, is, amongst many other things, responsible for the development of Singapore as an international financial hub.
As part of its constant drive to uphold and improve the integrity of the nation’s financial ecosystem, the MAS issued a circular in early March 2023 to remind financial institutions (FIs) on the importance of staying vigilant to money laundering and terrorism financing (ML/TF) risk, including steps FIs may take to navigate ML/TF risk inherent in the wealth management sector, including private fund management.
Read MorePeople’s Republic of China: CSRC Released New Cybersecurity and Data Privacy Rules for Securities and Futures Institutions
By Chloe Duan and Grace Ye
The China Securities Regulatory Commission (CSRC) released the Administrative Measures for Network and Information Security in Securities and Futures Sectors (Measures) on 27 February 2023, which will become effective on 1 May 2023.
Read MoreAustralia: Greenwashing Crackdown – ASIC Sues Superannuation Giant in Landmark Case
By Matthew Watts, Rebecca Mangos and Bernard Sia
For the first time, the Australian Securities and Investments Commission (ASIC) has launched court action against a major superannuation trustee for allegedly making misleading statements about the sustainable nature and characteristics of some of its investment products (known as “greenwashing”). ASIC claims the corporate pension fund misled consumers by investing in companies involved with the alcohol, gambling and fossil fuel sectors, contrary to the fund’s marketed sustainable and ethical credentials.
Read MorePeople’s Republic of China: Standard Contractual Clauses for Export of Personal Information Were Officially Released
By Grace Ye and Chloe Duan
China has promulgated a series of laws and regulations governing data protection, in particular data export in past years.
The People’s Republic of China (PRC) law currently provides three routes for data export, i.e., (1) Cybersecurity Administration of China (CAC) assessment, (2) certification (by professional institutions), and (3) standard contractual clauses (SCC). Depending on the nature and volume of data to be exported and the identity of the exporter, the exporter must pick at least one route in order to export data.
Read MoreEurope: Is ELTIF 2.0 a More Viable Structure for Long-Term Investment in the EU?
Version 1 of the European Long-Term Investment Fund (ELTIF) has not been a huge success story with only a few relatively small funds launched to date. However the development of a well-supported fund structure for retail investors to invest in illiquid long-term assets remains a key priority for EU legislators.
Read MoreEurope: Important Issues Still Open for Debate in EU’s AIFMD and UCITS Reviews
On 24 January 2023, the ECON Committee of the EU Parliament adopted its report on proposed amendments to the EU’s main fund rules, AIFMD and the UCITS Directive, ahead of trilogue negotiations with the EU Council and Commission set to begin in March. When agreed, the revised Directives are expected to come into force in 2025 in light of the 24 months transposition period. Notable proposals include:
Read MoreEurope: FCA Sets Ambitious Goal to Improve Asset Management Regulation in the UK
By Robert Lloyd, Maya Ffrench-Adam and Philip Morgan
On 20 February 2023, the FCA published a discussion paper (DP23/2) on improving the UK asset management regime. Key themes include:
Alignment with Relevant International Standards
The FCA does not want to create unnecessary complexity for firms operating in multiple jurisdictions. It aims to develop the regime to interact effectively with international requirements, while promoting the international competitiveness of the UK economy.
Read MoreAustralia: Quality of Advice Report to be Stress Tested
By Jim Bulling, Anabelle Weinberg and Oliver Herrmann
The Australian Government has released Michelle Levy’s Quality of Advice Review Final Report (Final Report) after a year-long consultation process that includes 22 recommendations across 13 areas to improve the regulatory framework of financial advice.
Read MoreAustralia: ASIC Reveals 2023 Enforcement Priorities
By Matthew Watts and Rebecca Mangos
The Australian Securities and Investments Commission (ASIC) has revealed its key enforcement priorities for 2023. This year, ASIC has signalled an expanded focus on enforcement activity targeting:
- sustainable finance practices and disclosure of climate risks;
- financial scams;
- cyber and operational resilience; and
- investor harms involving crypto-assets.