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Our Thinking

FCA’s expectations: use of dealing commissions

by Emma Cleveland|29 March 2017|Our Thinking

In 2014, the FCA published a discussion paper on the use of dealing commission regime and a policy statement on the use of dealing commission rules. The discussion paper in particular sets out good and poor practices and on that basis, the FCA decided to visit 17 firms to assess their dealing commission arrangements and […]

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ESMA Opinion: principles for setting up share classes in UCITS funds

by Emma Cleveland|23 March 2017|Our Thinking

On 30 January 2017, ESMA issued an opinion (the “Opinion”) which discusses the extent to which different types of units or shares (“Share Classes”) of the same UCITS (or its sub-fund) can differ from one another as a result of differing approaches amongst the EU countries. We have produced a glance card which summarises the […]

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HM Treasury – Policy Statement on transposition of MiFID II

by Emma Cleveland|15 March 2017|Our Thinking

HM Treasury has published its Policy Statement (“Statement”) regarding the transposition of MiFID II. The Statement follows HM Treasury’s earlier Consultation Paper that was published in March 2015. The Statement contains a summary of the responses submitted and the government’s response to the consultation. Please click below document to access further information:

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European Commission Work Programme 2017

by Emma Cleveland|6 December 2016|Our Thinking

On 25 October 2016, the European Commission (“EC”) produced a communication on their work programme (the “Work Programme”) which set out their priorities for 2017, and was published for the European Parliament, the Council, the European Economic and Social Committee and the Committee of the regions. We have summarised the EC’s Work Programme and set […]

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FCA alert: risks of accepting business from Introducers

by Emma Cleveland|5 October 2016|Our Thinking

The FCA have recently produced an alert that highlights some of the risks that authorised firms may encounter by accepting business from unauthorised introducers, lead generators and/or other authorised introducers. We have summarised the FCA’s alert and set out a checklist of steps firms should consider, please see below to access the document. Should you have […]

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Commercial contracts – key cases of 2015

by Emma Cleveland|14 September 2016|Our Thinking

Our key cases glance card contains practical take away points and drafting tips from some of the most notable cases of 2015 in regards to commercial contracts. Please click below to access it. Should you have any questions regarding any commercial contract matter, Cleveland & Co, your ‘External in-house Counsel’, is here to help.

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FCA wins case on unauthorised collective investment scheme

by Emma Cleveland|6 July 2016|Our Thinking

The Financial Conduct Authority (“FCA”) brought proceedings against Asset Land Investment plc along with its principal owner and director, Mr. Banner-Eve (the “Appellants”). The Appellants had been found to be operating an unauthorised real estate collective investment scheme (“CIS”).

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Differences between negligence in tort and negligence in contract

by Emma Cleveland|15 March 2016|Our Thinking

While most will have a clear idea of the distinction between the law of torts and contract law, there is one particular area which continues to be discussed amongst professionals – the distinction between contractual and tortious negligence. In the attached document below, we have provided for you a key summary of both, and their […]

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ESMA work programme 2016

by Emma Cleveland|27 January 2016|Our Thinking

As 2015 is now in our shadows and attention turns towards the numerous regulatory developments expected in 2016, we have compiled a high level summary of ESMA’s work programme for this year. To view the summary of ESMA’s 2016 work programme please see below document. Should you have any questions about any of the upcoming […]

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