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.
FCA plans for transitioning firms and individuals to the new regime.
Four months until implementation.
New requirements for trading on AIM.
Firms to review their arrangements as result of failings.
Views post implementation
The FSMA By Way of Business Order (SI 2001/1177) is to be amended, affecting P2P lenders and others that operate a loan-based crowdfunding platform which facilitates loans to lending businesses.
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.
MiFID II will introduce a new designation of “SME Growth Market” that operators of qualifying markets can voluntarily apply for. London Stock Exchange, as operator of the largest market for small and medium sized growth companies in the EU, has applied to the FCA for AIM.
The FCA is proposing to automatically convert individuals from the Approved Persons Regime to the Senior Managers and Certification Regime; the majority of firms will not need to submit applications to convert Approved Persons to Senior Managers.
Firms will have the option, but not the obligation, to continue to provide projections to retail investors outside of the Packaged Retail and Insurance-based Investment Products (PRIIPs) standardised key information document (KID), providing they are produced in line with COBS rules
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
Isle of Man Legislation widens to meet IOSCO principles