Our Thinking · Europe
On 16 February 2021, the Penrose Report – Power to the People (the “Report“) was published by John Penrose MP who, back in September 2020, had been requested by the government to carry out an independent review of the UK competition policy. The aim of the Report is to explore the ways in which the […]
Our Thinking · Regulatory & Compliance · Europe
The International Organisation of Securities Commissions (“IOSCO”) is an association of independent organisations regulating the global securities and futures markets. IOSCO has as its main objective the regulation of securities, and in particular investor protection. On 27th January 2021, IOSCO published a report with the aim to assist its members in developing and improving the […]
Our Thinking · Regulatory & Compliance · Europe
On 7 January 2021, Her Majesty’s Treasury (“HM Treasury“) published a consultation (the “Consultation“) that called for evidence on the Government’s approach to the regulation of cryptoassets and stablecoins. This article refers to both products, and the terms will be used interchangeably throughout it. Cryptoassets is the umbrella term used to describe digital tokens/coins issued […]
Our Thinking · Commercial & Corporate · Europe
A letter sent by the UK’s Information Commissioners Office (the “ICO”) to the US Securities Exchange Commission (the “SEC”) back in September 2020 (the “Letter”) has recently been made publicly available. In summary, the ICO provides its views on those UK firms who have regulatory obligations in the US (e.g. to prevent and/or enforce actions […]
Our Thinking · Public Funds · Regulatory & Compliance · Europe
In January 2021, HM Treasury published a call for input on its review of the UK funds regime (the “Call for Input”). The Call for Input sets out the scope and objectives of the review and invites stakeholders to provide views on which regulatory and taxation reforms should be taken forward and how these should […]
Our Thinking · Public Funds · Regulatory & Compliance · Europe
On 1 February 2021, the European Securities and Markets Authority (“ESMA”) published a final report on implementing technical standards (“ITS”) under Regulation (EU) 2019/1156 of 20 June 2019 (the “Regulation”), which amends three past regulations governing funds and key information documents relating to investments, together with Directive (EU) 2019/1160 of 20 June 2019 (the “Directive”), […]
Our News · Private Funds · Europe
Cleveland & Co Associates Limited (“Cleveland & Co”) has been appointed by Border to Coast Pensions Partnership (“Border to Coast”), one of the largest public sector pension pools in the UK, to provide external legal support services to its Alternatives Platform, which is expected to grow to over £5bn over the next 3 to 5 […]
Our Thinking · Regulatory & Compliance · Europe
In the post-Brexit period, UK firms are increasingly relying on the reverse solicitation regime to provide investment services to clients based in the European Union as a consequence of losing their passporting rights. The reverse solicitation regime is established in Article 42 of the Markets in Financial Instruments Directive (“MiFID II“) which allows firms based […]
Our Thinking · Regulatory & Compliance · Europe
In its January edition of the monthly Market Watch newsletter, the FCA focused on reiterating its expectations for firms that are required, at all times, to meet their obligations on recording telephone and electronic communications. The issue is particularly sensitive in the current circumstances, where many employees are still working remotely and therefore outside a […]
Our Thinking · Commercial & Corporate · Europe
In Altera Voyageur Production Limited v Premier Oil E&P UK Ltd [2020] EWHC 1891 (Comm), an inconsistency within the agreement called into question whether the parties should rely on a formula set out in the main body of the agreement or the worked example provided in the annex. FACTUAL BACKGROUND The case involved a dispute […]
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