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Industry News

FCA imposes requirements on principal firm

by Leela|21 June 2021|Industry News

On 24 May 2021 the Financial Conduct Authority (“FCA”) published a supervisory notice (the “Notice”) which it issued to Marshall Sterling Investment Management Ltd (“Marshall”) on 16 February 2021, which set out a number of requirements relating to their appointed representatives (“ARs”) as a result of concerns established by the FCA following its investigation into […]

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AMEX fined by ICO for breach of PECR

by Leela|16 June 2021|Industry News

American Express Service Europe Limited (“Amex”) was fined a hefty £90,000 by the Information Commissioner’s Office (“ICO”) as a result of a “serious contravention” of regulation 22 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) (“PECR”). WHAT IS PECR? PECR is a set of regulations in the United Kingdom (“UK“), which […]

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FCA second consultation: implementation of the UK investment firms prudential regime

by Leela|15 June 2021|Industry News

SUMMARY AND KEY HIGHLIGHTS On 19 April 2021, the Financial Conduct Authority (“FCA”) published the second of three consultation papers on the implementation of the Investment Firms Prudential Regime (“IFPR”) (CP21/7). Key highlights detailed from the consultation paper, but not limited to, are: own funds requirements (such as the Fixed overheads Requirement (“FOR”) and the […]

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FCA introduces new Consumer Duty

by Leela|9 June 2021|Industry News

On 14 May 2021, the Financial Conduct Authority (“FCA”) published a consultation on the introduction of a new “Consumer Duty” on firms providing financial services to consumers (the “Consultation”). The aim of this “Consumer Duty” is to set a higher expectation for the standard of care regulated firms owe to their consumers. As such, firms […]

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Will the UK join the SPAC mania?

by Leela|7 June 2021|Industry News

Special purpose acquisition companies (“SPACs“) have experienced a surge in their popularity in the recent years. In the United States (“US“) market, SPACs have raised $83 billion (£63.5 billion) in 2020 and $88 billion (£63.1 billion) in the first quarter of 2021.[1] Whilst SPAC activity has been strong in the US for a number of […]

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FCA strengthens rules on financial promotion

by Leela|27 May 2021|Industry News

The Financial Conduct Authority (“FCA”) has published its discussion paper DP21/1 regarding the strengthening of its financial promotion rules for high-risk investments and firms approving financial promotions. THE FAC’s WIDER INITIATIVES DP21/1 forms part of the response to the FCA’s wider call for input on consumer investments, which closed in December last year. According to […]

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Case Law: Benchmarking clauses and market comparison

by Leela|26 May 2021|Industry News

The recent judgment in Travelport Ltd & Ors v WEX Inc [2020] EWHC shows how important it is to use precise language when drafting a clause involving a market comparison. In this judgment, the High Court was asked to analyse a complex “material adverse effect” (“MAE”) clause and, amongst other things, to consider the impact […]

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Glass Lewis review of compliance with UK Corporate Governance Code

by Leela|20 May 2021|Industry News

Earlier this year Glass Lewis published an interesting review of the impact of the 2018 UK Corporate Governance Code (the “Code”) on governance practices, in which it sets out its approach to the most common provisions of non-compliance among FTSE 350 companies (the “Review”). Glass Lewis is one world’s largest independent providers of governance and […]

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