07 May 2020

Financial Regulation Weekly Bulletin - 07 May 2020

Includes developments in relation to: COVID-19; Brexit; CRR; CRD IV; EMIR; MiFID II; Solvency II; SME finance; cyber risk; and anti-money laundering.

Click on the headings below to access each section:

General

  • Policy development update – FCA updates webpage
  • COVID-19 – FCA launch digital sandbox pilot
  • COVID-19 – FCA updates information for firms on information security
  • COVID-19 – FCA extends maximum period to cover absent senior managers under the SMCR
  • The FCA’s national and international response to COVID-19 and Brexit – speech by Nausicaa Delfas, Executive Director of International at the FCA

Brexit

  • Draft Financial Services (Miscellaneous Amendments) (EU Exit) Regulations 2020 – amended version laid before Parliament
  • Taxonomy Regulation for sustainable investment – House of Commons European Scrutiny Committee publishes letter to HM Treasury
  • Future UK-EU relationship – HM Treasury publishes letter clarifying the government’s position on financial services

Banking and Finance

  • Climate-related financial risks – Basel Committee publishes report
  • CRR – EBA publishes Guidelines on the determination of the WAM of contractual payments due under a tranche of a securitisation transaction
  • CRR – EBA published draft ITS on reporting requirements for market risk
  • CRD IV – EBA announces updates to ITS on the benchmarking of internal models
  • CRR - EBA publishes Guidelines on CRM for institutions applying the IRB approach with own estimates of LGDs
  • TARGET2 and TARGET2-Securities – ECB publishes update on consolidation project
  • Cyber risk – ESRB publishes paper on systemic risk in the financial sector
  • SME finance – EBF publishes letter to European Commission on feedback on credit applications
  • COVID-19 – HM Treasury publishes letter from Chancellor on the new BBLS
  • COVID-19 – PRA publishes statement on the CRM eligibility and leverage ratio treatment of loans made under the BBLS
  • COVID-19 – FCA publishes statement on mortgage prisoners and letter to mortgage lenders and administrators
  • COVID-19 – FCA updates information for firms on access to restricted savings
  • COVID-19 – FCA updates statement outlining its approach to the regulation of firms participating under the CBILS and BBLS
  • COVID-19 – FCA and FOS publish letter and response on the CBILS and BBLS
  • COVID-19 – PSR publishes new webpage
  • COVID-19 – LSB updates information on product sale in light of COVID-19 loan schemes
  • The Financial Services and Markets Act 2000 (Regulated Activities) (Coronavirus) (Amendment) Order 2020
  • Case C-287/19 DenizBank AG v Verein fϋr Konsumentenininformation, Opinion of Advocate General Campos Sánchez-Bordona
  • Case C-779/18 Mikrokasa S.A. w Gdyni and Revenue Niestandaryzowany Sekurytyzacyjny Fundusz Inwestycyjny Zamknięty w Warszawie v XO

Securities and Markets

  • CCP resolution – FSB publishes consultation on guidance
  • EMIR – ESAs defer implementation of bilateral margin requirements in light of COVID-19
  • COVID-19 – ESMA publishes statement on firms’ conduct of business obligations when providing services to retail investors under MiFID II
  • EMIR – trade associations publish letters to ESAs and the European Commission requesting extension of existing time-related margin exemptions
  • Personal data – FCA publishes administrative arrangements for the transfer of personal data between national regulators

Insurance

  • COVID-19 – EIOPA publishes revised timetable for its 2020 Solvency II Review
  • Digital responsibility and the role of actuaries – speech by Gabriel Bernardino, Chair of EIOPA
  • COVID-19 – FCA consults on draft guidance on product value
  • COVID-19 – FCA consults on temporary financial relief measures for customers
  • COVID-19 – FCA publishes statement on contractual uncertainties arising in relation to business interruption insurance
  • COVID-19 – FCA updates webpage on its expectations of general insurance firms

Financial Crime

  • COVID-19 – FATF publishes report on AML and CTF risks and policy responses
  • COVID-19 – FCA outlines its expectations of firms’ financial crime systems and controls

Enforcement

  • FCA handling of regulatory reviews - Complaints Commissioner publishes final report
  • PII and withdrawal of permissions – Complaints Commissioner publishes final report

 

This material is provided for general information only. It does not constitute legal or other professional advice.

Contact Information
Selmin Hakki
PSL Counsel at Slaughter and May