Our Thinking · Regulatory & Compliance · Europe
THE CONSULTATION The European Securities and Markets Authority (“ESMA”), launches a public consultation on the development in prices for pre and post trade data and post-trade consolidated tape (“CT”) for equity instruments. Whilst MiFID II sets out the legal framework for operating a CT, to date no CT has been established, meaning MiFID II has […]
Our Thinking · Regulatory & Compliance · Europe
In May 2019, the Financial Conduct Authority (the “FCA”) published their findings of a review they carried out with respect to principal firms (“Principals”) and their appointed representatives (“ARs”) within the investment management sector (the “Review”). The Review included a survey of 338 Principals each with between 1 and 80 ARs. Of the 338 Principals, […]
Our Thinking · Private Funds · Regulatory & Compliance · Europe
A UK based crypto currency hedge fund is the first investment firm in the UK to receive full-scope authorisation from the financial regulator, the Financial Conduct Authority (“FCA”). THE LICENCE In a Bloomberg report published on 2 July 2019, it has been confirmed that the licence will enable the cryptocurrency focussed firm to operate as […]
Our Thinking · Regulatory & Compliance
With a no deal Brexit remaining a possibility, the UK, the EU and individual EU members continue to review their regimes and the measure that will be put in place in the event of a no deal scenario. This article forms part of the Cleveland & Co Brexit series and covers the no deal preparations […]
Our Thinking · Investments & Capital Markets · Europe
In the recent case of, The State of the Netherlands (the “State of the Netherlands“) and Deutsche Bank AG (“DB“)[2019], the Court of Appeal (the “Court”) has confirmed that negative interest is not payable by the party transferring cash collateral (the “Transferor”) under the standard form of the ISDA 1995 Credit Support Annex (the “CSA”). This […]
Our Thinking · Investments & Capital Markets · Europe
BACKGROUND As a consequence of the London Interbank Offered Rate (“LIBOR”) scandal in which several bankers at many major financial institutions manipulated LIBOR by reporting artificially low or high interest rates to benefit their derivative traders, undermining a major benchmark for interest rates and financial products, a Bank of England working group (the “BoE Working […]
Our Thinking · Regulatory & Compliance · Europe
The High Court (the “Court”) recently found in favour of the Financial Conduct Authority (“FCA”) resolving that an unauthorised investment scheme must pay almost £1 million to the FCA to be re-distributed to investors as a result of several breaches by both the firm and its director. THE FACTS Following an application by the FCA, […]
Our Thinking · Commercial & Corporate · Europe
On 14 May 2019, the Court of Appeals ruled the case Times Travel (UK) Ltd. (“Times Travel”) v Pakistan International Airlines Corporation (“PIAC”) and decided that the economic pressure exerted by PIAC against Times Travel in that context was lawful and not considered as economic duress. BACKGROUND From 2008 to 2012 Times Travel and PIAC […]
Our Thinking · Investments & Capital Markets · Regulatory & Compliance
The final text to amend technical aspects of the European Market Infrastructure Regulation (the “EMIR Refit”) could enter into force in May/June and will be directly applicable to the UK and to all its financial and non-financial counterparties. Changes to the definition of “financial counterparty” (“FC“) will apply immediately upon the entry into force of […]
Our Thinking · Commercial & Corporate · Europe
The execution of contracts is a task often overlooked. Even after maximum effort has been exerted to negotiate a deal, and draft a contract, a slip at the final hurdle could cost millions. Mistakes in executing a contract particularly a deed, can result in: an unenforceable contract; a non-binding contract owing to consideration not being […]
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