Global Financial Regulatory Blog

Tag Archives: UK

Podcast – Brexit & Financial Services: Preparing for the End of the Transition Period

FCA’s Stephen Hanks discusses onshoring and how to ensure regulatory compliance before the year’s end. With the end of the Brexit transition period looming, many financial services firms are asking what they need to do between now and the end of the year to ensure regulatory compliance. In this episode of Connected With Latham, Anne … Continue Reading

UK Announces Climate Focused Financial Services Regime

The UK Government presents initiatives designed to green the UK economy and bolster attractiveness as an international financial centre. By Paul A. Davies and Michael D. Green On 9 November 2020, Rishi Sunak, Chancellor of the Exchequer, announced several initiatives designed to help the UK tackle climate change, while maintaining its position as an “open, … Continue Reading

ISDA Gearing up to Launch IBOR Fallbacks Protocol

Regulators and industry groups strongly encourage market participants to adopt ISDA’s much-anticipated IBOR Fallbacks Protocol and Definitions Supplement. By Yvette D. Valdez, Becky Critchley, Deric Behar, and Anna Lewis-Martinez The International Swaps and Derivatives Association (ISDA) has published a statement from its Board of Directors confirming that on October 23, 2020 it will launch its … Continue Reading

FCA Issues a Public Censure to Redcentric PLC for Committing Market Abuse

The FCA publicly censured the IT service provider for publishing false information about its net debt and holdings of cash and cash equivalents. By Chris Horton, James Inness, David Berman and Katy Sanders On 26 June 2020, the FCA issued a final notice to Redcentric PLC (Redcentric), publicly censuring Redcentric for committing market abuse, between … Continue Reading

HM Treasury Announces Welcome Proposed Amendments to the UK Benchmarks Regulation

The proposals enhance the FCA’s powers to ensure an orderly wind-down of critical benchmarks and to deal with “tough legacy” contracts that cannot transition from LIBOR. By Nicola Higgs and Ella McGinn On 23 June 2020, the FCA published a statement welcoming HM Treasury’s announcement that the Treasury intends to bring forward legislation to amend … Continue Reading

UK Delays Decision on Adopting EU Sustainable Finance Taxonomy

The delay may complicate the regulatory landscape for sustainable finance as the EU moves toward a standardized classification system.  By Paul A. Davies, Nicola Higgs, and Michael D. Green The UK government (government) has delayed a decision on whether it will adopt the EU’s taxonomy of sustainable finance activities (the Taxonomy) as the UK approaches the end of … Continue Reading

UK Government Publishes Draft UK-EU Free Trade Agreement With Financial Services Chapter

The government sets out a bold and ambitious arrangement for financial services, including free market access and a new Financial Services Committee. By Rob Moulton and Anna Lewis-Martinez On 19 May 2020, the UK government published draft legal texts of 12 documents, and an accompanying letter, setting out its approach to the UK’s future relationship … Continue Reading

Navigating Debt Repurchases in Europe: What You Need to Know

Key issues that typically arise in connection with debt repurchase programs. By Rob Moulton and Anna Lewis-Martinez Market shifts often lead companies and their affiliates to actively consider debt repurchases. Important legal considerations include: contractual restrictions; potential disclosure obligations; listing implications; the impact of tender offer rules; consequences of debt purchase transactions; how debt purchase … Continue Reading

FCA Announces Additional Primary Market Measures to Support Listed Companies

The package combines temporary policy interventions and existing options to help companies raise new share capital during the COVID-19 crisis. By Chris Horton, James Inness, Rob Moulton, and Anna Lewis-Martinez On 8 April 2020, the FCA published a Statement of Policy and related technical supplements aimed at helping companies to raise new share capital during … Continue Reading

COVID-19: Key UK Business Measures — State of Play

A summary of key COVID-19-related measures announced by the UK government to support businesses and workers. By Rob Moulton and Anna Lewis-Martinez Starting with the budget on 11 March 2020, the UK government has outlined significant measures to support British businesses and workers on an unprecedented scale during the COVID-19 outbreak. These measures include: the … Continue Reading

FCA and PSR Support CMA’s Guidance on Business Cooperation Under Competition Law

The CMA recognises that businesses may need to cooperate to ensure supply of essential products and services during the COVID-19 outbreak. By Rob Moulton, David Little, Gregory Bonné, and Anna Lewis-Martinez On 27 March 2020, the FCA and Payment Systems Regulator (PSR) announced their support for the Competition and Markets Authority’s (CMA’s) guidance on its … Continue Reading

FCA and PRA Statement on SM&CR and COVID-19: Expectations of Dual-Regulated Firms

UK Regulators announce new measures after acknowledging firms affected by COVID-19 will need to keep their governance arrangements under review. By Rob Moulton and Anna Lewis-Martinez On 3 April 2020, the FCA and the PRA released a statement announcing several new governance measures for dual-regulated firms amid the COVID-19 outbreak under the Senior Managers and … Continue Reading

COVID-19: PRA Welcomes Suspension of Dividends, Share Buybacks, and Cash Bonuses

Seven of the largest systemically important UK deposit-takers to suspend dividends and share buybacks and to cancel payments of any outstanding 2019 dividends. By Rob Moulton and Anna Lewis-Martinez On 31 March 2020, the PRA published a statement on deposit takers’ approach to dividend payments, share buybacks, and cash bonuses in response to COVID-19. The PRA … Continue Reading

UK Government Temporarily Suspends Wrongful Trading Rules to Assist Company Directors

Proposed changes to UK insolvency laws aim to support companies under pressure due to COVID-19. By Rob Moulton and Anna Lewis-Martinez On 28 March 2020, the UK government announced a number of reforms to UK insolvency laws: The temporary suspension of existing wrongful trading rules retrospectively from 1 March 2020 for three months, so that … Continue Reading

New Draft Regulatory Technical Standards Under the EU Benchmarks Regulation

The draft RTS introduce new, potentially more onerous obligations on the administrators of all categories of benchmarks. By Nicola Higgs and Becky Critchley On 9 March 2020, ESMA published a consultation paper (CP) on draft Regulatory Technical Standards (RTS) under the EU Benchmarks Regulation (BMR). The CP covers governance arrangements, methodologies, reporting of infringements, mandatory … Continue Reading

COVID-19 Bank Lending Relief Measures

By Axel Schiemann, Marco Bonasso, Rob Moulton, Pia Naib Several countries have announced or have already implemented extensive debt relief measures for consumers and companies. In some instances these measures also include debt moratoria. The following provides a brief overview of key headlines reflecting the current status for such debt moratoria in Germany, Italy, UK, … Continue Reading

EU Regulators Outline Approach to Remote Working During COVID-19 Crisis

ESMA, BaFin, and FCA have provided guidelines on firms’ obligation to record client telephone calls. By Rob Moulton and Axel Schiemann Remote working raises uncertainties in various regulated areas as it dramatically changes institutions’ day-to-day business. In particular, institutions are confronted with practical and technical difficulties regarding client-related requirements such as the obligation to tape … Continue Reading

FCA Indicates LIBOR Transition Deadline Will Not Be Extended Due to COVID-19

The FCA, the Bank of England, and members of the Working Group on Sterling Risk-Free Reference Rates have stated that firms should still plan for the transition away from LIBOR at the end of 2021. By Becky Critchley, Jonathan Ritson-Candler, and Anna Lewis-Martinez On 25 March 2020, the Financial Conduct Authority (FCA), after discussions with … Continue Reading

Bank of England Announces Measures to Address Challenges of COVID-19

The regulator is taking immediate supervisory and policy measures to help support banks, insurers, and financial market infrastructures. By Rob Moulton and Charlotte Collins The Bank of England and the Prudential Regulation Authority (PRA) have announced a number of measures aimed at alleviating operational burdens on PRA-regulated firms, and Bank-regulated financial market infrastructures (FMIs), in … Continue Reading

HM Treasury Responds to the Call for Evidence on Regulatory Coordination

Financial Services Regulatory Initiatives Forum and the Regulatory Initiatives Grid to be introduced this summer. By: Anna Lewis-Martinez and Rob Moulton On 11 March 2020, HM Treasury published its response to the Call for Evidence on Regulatory Coordination. In the summer of 2019, the government launched HM Treasury’s Financial Services Future Regulatory Framework Review to … Continue Reading

FCA Warns of ‘Significant Weaknesses’ in Firms’ Implementation of the Conduct Rules

All firms should take note of the FCA’s latest feedback on SMCR implementation. By Rob Moulton, Charlotte Collins and David Berman In its latest piece of feedback on firms’ implementation of the SMCR, the FCA indicated that firms must improve their implementation of the Certification Regime and, most particularly, the Conduct Rules. While the FCA’s … Continue Reading

Latest UK Developments on the Regulation of Cryptoassets

FCA finalises guidance on cryptoassets and consults on product intervention measures. By Stuart Davis and Charlotte Collins FCA guidance on the regulation of cryptoassets As previously reported in this blog, the FCA consulted on guidance on cryptoassets in January 2019. This guidance is designed to help market participants understand how to classify different types of … Continue Reading

Brexit Progress Report: 1 of 10 Key Regulatory Focus Areas for UK/European Wholesale Markets in 2019

By David Berman, Carl Fernandes  Nicola Higgs, Rob Moulton and Charlotte Collins In our January publication, we highlighted what we were seeing as the top regulatory focus areas for our clients during the year ahead, focusing on wholesale market structures and conduct risk. In a series of 10 blog posts, we will take a closer look at … Continue Reading

UK and Singapore Regulators Announce Enhanced Cybersecurity Collaboration

By Andrew C. Moyle, Grace Erskine, and Charlotte Collins As leading global financial and FinTech centres, the UK and Singapore will benefit from strengthening their cybersecurity alliance. On 13 June 2019, the Bank of England, the Financial Conduct Authority, and the Monetary Authority of Singapore announced that they will be working together to strengthen cybersecurity … Continue Reading
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