The Financial Conduct Authority (“FCA”) have stated that compliance with the EU General Data Protection Regulation (“GDPR”) is now a board level responsibility, and that firms must be able to produce evidence to demonstrate the steps that they have taken to comply.
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The FCA is consulting in CP18/4 on the EU Money Market Funds (“MMF”) Regulation, which came into force on 21 July 2017 and applies to new MMFs from 21 July 2018 and to existing MMFs from 21 January 2019. The FCA and the Treasury have identified areas of the UK regulatory framework that require changes.
The UK will become a 'third country' on 30 March 2019, unless a ratified withdrawal agreement establishes another date. The EC have issued two Notices to Stakeholders reminding managers of investment funds and investors of the legal repercussions which need to be considered.
The London Stock Exchange ("LSE") requires all AIM companies with securities admitted to trading on AIM to have a Legal Entity Identifier (“LEI”) code. This is in order to ensure compliance with the obligations under Markets in Financial Instrument Directive (“MiFID II") and Market Abuse Regulation, which require market operators, such as London Stock Exchange, to collate LEI codes for each issuer with securities admitted to trading.
The Global Legal Entity Identifier Foundation (GLEIF) has published its first Entity Legal Forms (ELF) Code List, showing more than 1,600 entity legal forms across over 50 jurisdictions. These form the basis of the unique Legal Identity Identifier (LEI), required from 3 January 2018 for any firm subject to MiFID II transaction reporting obligations - otherwise they will not be able to execute a trade on behalf of a client eligible for a LEI and does not have one.
The PRIIPs Regulation requires those manufacturing a packaged retail and insurance-based investment product (“PRIIP”) to draw up a key information document ("KID") containing standard information, and requires persons advising on or selling PRIIPs to provide the KID to retail investors, with effect from 1 January 2018.
The biggest change to Europe’s Data Protection rules in 20 years will come into force in May 2018. The General Data Protection Regulation (“GDPR”) will give people new rights to access the information companies hold on them, require firms to better manage the data they have and bring new (and potentially much higher) fines. Having been discussed for the past four years, companies will need to be ready to adhere to the rules under GDPR from 25 May 2018.
ESMA Q&As to promote consistency in the application of the Market Abuse Regulation (MAR) framework in Europe
Transaction reporting obligations for firms subject to MiFID II
ESA (including ESMA) guidelines on changes in control
The increasing need for firms to have an LEI
Additional European legislation to apply from January 2018
Alternative Investment Fund Managers (AIFMs) and MiFID firms need to consider the impact that Brexit will have on their business in the light of recent opinion issued by ESMA to relevant EU national regulators.
European Parliament rejects proposed PRIIPs Regulatory Technical Standards
The European Commission proposes amending regulations covering EuVECAs and EuSEFs.
ESMA's second review of the extension of AIFMD passports has now been published.
The ‘risks and consequences’ disclosure obligation arising under the Securities Financing Transactions Regulation (2015/2365) (SFTR) applies from 13 July 2016