Cleveland & Co | External in-house counsel®

Jurisdiction

Europe

Key updates to the new Prospectus Regulation

by Leela|9 September 2019|Industry News

The new Prospectus Regulation (EU) 2017/1129 came into effect on 21 July 2019 (the “Prospectus Regulation”) which repealed and replaced the current Prospectus Directive 2003/71/EC (the “Prospectus Directive”). As a result, new prospectuses approved after 21 July 2019, must follow the new regulations and structures of the Prospectus Directive. THE REGIME The […]

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Emma Cleveland quoted in an article by Ignites Europe talking about increasing regulatory data costs

by Leela|28 August 2019|Industry News

Our Managing Director was recently quoted in an article, “Asset managers face mounting regulatory data costs” by Ignites Europe talking about exponential data costs coupled with the number of licences firms need resulting in increasing costs per year as well as the latest ESMA consultation paper looking into the issue! Check out the article on https://igniteseurope.com

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FCA publishes Consultation Paper on the prohibition of sale to Retail Clients of certain investment products that reference Cryptoassets

by Caroline Sheldon|26 July 2019|Industry News

Earlier this month the Financial Conduct Authority (“FCA”) published a consultation paper on prohibiting the sale to retail clients of investment products that reference crytpoassets (“Consultation Paper”). The Consultation Paper proposes a ban on marketing, distribution and sales of all derivatives and exchange traded notes (“ETNs”) that reference unregulated transferable cryptoassets by firms acting in, […]

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ESMA launches consultation on cost of market data and consolidated tape

by Caroline Sheldon|26 July 2019|Industry News

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 […]

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FCA Review of Principal firms and their Appointed Representatives

by Leela|8 July 2019|Industry News

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, […]

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FCA grants first licence to Crypto Hedge Fund

by Caroline Sheldon|3 July 2019|Industry News

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 […]

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The Court of Appeal rules that there is no obligation to pay negative interest under 1995 CSA

by Leela|26 June 2019|Industry News

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 […]

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REGULATORY REFORM: SONIA to replace LIBOR – ARE YOU READY?

by Caroline Sheldon|7 June 2019|Industry News

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 […]

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