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News & Insights

Access to financial services in the UK

by Emma Cleveland|21 July 2016|Industry News

The FCA commissioned the Occasional Paper no.17 (the “Paper”) as a means of bringing together the views and opinions from both academics and the FCA in order to stimulate ideas and solutions with the aim of improving access to retail financial services. Instigating this type of conversation plays a part in the wider issues of […]

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NURS Key Investor Information

by Emma Cleveland|20 July 2016|Industry News

The FCA’s modification by consent of its Conduct of Business Sourcebook (“COBS”), rule 14, means that any firm that is required to provide a key investor information document (“KIID”) to a client must do so after the transaction has taken place rather than before. Initially, this modification was valid until June 2016 but it will […]

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Latest MiFID II Delegated Regulations adopted by the European Commission

by Emma Cleveland|13 July 2016|Industry News

On the 8 June 2016, the European Commission (the “EC”) adopted the latest Delegated Acts to supplement MiFID II and its regulatory technical standards (“RTS”) in relation to the reporting requirements and obligation to execute orders on terms most favourable to the client (article 27). Notwithstanding the recent Brexit decision and until there is further […]

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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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ESMA’s technical standards for European Long-Term Investment Funds.

by Emma Cleveland|28 June 2016|Industry News

On 8 June 2016, ESMA published their draft regulatory technical standards (“RTS”) for the European Long Term Investment Fund (“ELTIF”) regime. An ELTIF is an Alternative Investment Fund (“AIF”) that must be managed by an Authorised Fund Manager (“AIFM”) under AIFMD. Subject to certain conditions, the ELTIF regime will allow fund managers to have access […]

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The Road to MiFID – key note speech “Towards a New Era of Innovation and Competitiveness” 9 May 2016

by Emma Cleveland|14 June 2016|Industry News

A key note speech by Verena Ross, Executive Directive of ESMA, has recently been published. In the speech, Verena notes how MiFID II/MiFIR is one of the key reform measures in response to the financial crisis, its main aim is to make financial markets more stable and more transparent for investors, therefore it is important that all the […]

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ESMA issues Opinion on MiFID II standards on ancillary activities

by Emma Cleveland|9 June 2016|Industry News

The European Securities and Markets Authority (“ESMA”) issued an Opinion on 30 May 2016 in response to a letter sent by the European Commission (“Commission”) asking to amend its draft RTS 20 under MiFID II and MiFIR. RTS 20 provides the necessary criteria to establish when a non-financial firm’s commodity derivatives trading activity is considered […]

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FCA: inducements and conflicts of interest

by Emma Cleveland|26 May 2016|Industry News

In 2015 the FCA carried out a thematic review in relation to the benefits (or inducements) provided and received by firms conducting MiFID II business and it included those firms carrying out regulated activities in relation to a retail investment product (“Firms”).

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Financial Services Act

by Emma Cleveland|20 May 2016|Industry News

The latest amendments to the Financial Services Act 2016 (the “Act”) have been published with many provisions such as sections 31, 37 and 39 to 42 having already received Royal Assent on 4 May 2016. Additionally, certain provisions of section 25 of the Act came into force on 10 May 2016 and section 32 came […]

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