Europe: Final SDR rules published by FCA – Time to label your funds (maybe)
The FCA has published its final rules on the UK’s Sustainability Disclosure Requirements (SDR) regime. The key features include:
Read MoreEurope: Significant Expansion to Corporate Criminal Liability in the United Kingdom
By: Dylan Moses, Michael Ruck, Rosie Naylor and Joseph Skilton
Under the new UK Economic Crime and Corporate Transparency Act 2023, organisations that are bodies corporate or partnerships will become criminally liable for the economic crimes of their senior managers. They will also have a new liability (albeit subject to an important defence) for failure to prevent their employees and associates from committing fraud.
Read MoreESG Labelling On the Cards for Global Regulation
By: Jim Bulling and Laura McFadzean
On 2 November 2023, the Australian Treasury announced a proposal to develop a labelling system for investment products marketed as sustainable in its Sustainable Finance Strategy Consultation Paper.
Read MoreSEC Adopts Amendments to Beneficial Ownership Reporting
By: Jennifer Gonzalez, Trayne Wheeler, and Megan Clement
On 10 October 2023, the SEC adopted amendments to beneficial ownership reporting requirements under Sections 13(d) and 13(g) of the Securities Exchange Act of 1934. The amendments shorten deadlines for Schedule 13D and 13G filers, clarify Schedule 13D disclosure requirements for derivatives, and require filers to use machine readable data language.
Read MoreEurope: UK’s FCA Challenges Firms to Improve Sanction Screening Processes
By: Joseph Skilton, Michael Ruck, Rosie Naylor
The FCA has assessed and reported on the sanctions controls of over 90 financial service firms from a range of sectors including wealth management.
Read MoreEurope: At Last, the UK and EU are Due to Begin Active Post-Brexit Cooperation on Financial Services Matters
By Robert Lloyd and Philip Morgan
On 27 June 2023, the UK and the EU Commission entered into a memorandum of understanding (MoU) on regulatory cooperation in financial services triggered, it seems, by the agreement of revised arrangements on Northern Ireland. You could be forgiven for thinking that the MoU was agreed a long time ago – accordingly to a nonbinding joint declaration between the EU and the UK, the targeted date was 31 March 2021. At the end of the Brexit transition period on 31 December 2020 few people would have expected that it would take the best part of two and a half years to reach this modest objective.
Read MoreEurope: Public Marketing of Cryptocurrencies in the UK – The End is (Nearly) Nigh
Thousands of advertisements for cryptoasset-related products were displayed on London public transport, including the underground network, in 2021. There has been a drop-off since the Advertising Standards Authority (“ASA”) issued standards for crypto adverts. Nonetheless, in 2022 there were reportedly adverts for 24 crypto products on London public transport. Now, however, legislation seems likely to end much of this public advertisement of crypto in the UK.
Read MoreEurope: UK Government Proposes To Regulate ESG Ratings Providers
By Philip Morgan and Zainab Kuku
Responding to encouragement from both the FCA and IOSCO, HM Treasury has proposed regulating ESG ratings providers in a consultation paper dated 30 March 2023. It primarily aims to improve the transparency of the methodologies and governance objectives adopted by ESG ratings providers, as well as to mitigate risks arising from conflicts of interest where the rating provider also provides other services to the rated entity.
Read MoreEurope: Significant Changes Proposed to Market Abuse Regulation in the UK
By Michael Ruck and Aurelija Grubytė
HM Treasury and the FCA have completed their joint review of the criminal market abuse regime, and published a joint statement on 24 March 2023. Their observations are relevant to both the criminal and civil market abuse regimes in the UK. Most notably:
Read MoreEurope: Here’s Your Chance to Improve the UK’s Senior Managers and Certification Regime
The FCA, PRA and UK Government are looking for feedback by 1 June 2023 to guide potential changes to the Senior Managers and Certification Regime (SMCR), the UK’s regime designed to improve individual accountability and conduct standards of (mostly) senior personnel in financial services firms. To this end, the FCA and PRA jointly published a discussion paper on 30 March and HM Treasury published a call for evidence.
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