18 Dec 2020

Financial Regulation Weekly Bulletin - 17 December 2020

Includes developments in relation to: COVID-19; Brexit; MiFIR; Short Selling Regulation; AIFMD; Solvency II; and anti-money laundering.

Click on the headings below to access each section:

General

  • Non-bank financial intermediation – FSB publishes its 2020 global monitoring report
  • UK financial stability – Report published by the Bank of England with Financial Policy Summary and FPC meeting record
  • Cybersecurity – European Commission presents new strategy and proposes revised NIS Directive and Directive on resilience of critical entities
  • Free trade agreements with Singapore and Vietnam – Signed by the UK
  • SMCR – PRA publishes evaluation report
  • New appointments at the FCA – Executive Director, Consumers and Competition and Chief People Officer
  • Plans and budget for 2021/22 – FOS published consultation

Brexit

  • Overseas framework – HM Government publishes call for evidence on the UK’s framework for cross border financial services
  • Greenhouse gas emissions – HM Government publishes SI amending the UK Emissions Trading Scheme
  • Banking Act 2009 – HM Treasury publishes revised special resolution regime code of practice
  • UK MiFIR – FCA updates supervisory statement on transparency regime operation at end of Brexit transition period
  • Third country CSD recognition – ESMA to recognise Euroclear UK & Ireland Limited after Brexit transition period
  • ESMA systems – ESMA publishes a reminder of plans for the end of the Brexit transition period

Banking and Finance

  • Specialised lending exposures under the CRR – Commission adopts Delegated Regulation
  • COVID-19 and NPLs – European Commission publishes action plan
  • Use of IRB Approach under the CRR – EBA publishes Opinion on Commission’s version of draft RTS
  • Basel III - EBA updates Basel III impact study following European Commission’s call for advice
  • COVID-19 and dividends – EBA urges banks to remain conservative regarding dividends
  • BRRD – EBA publishes final report on RTS to ensure effective application of stay powers under the BRRD
  • IFD and IFR – EBA publishes final report on draft RTS
  • CRR – EBA publishes report on EU banks’ compliance with liquidity measures
  • CRR II - Capitalisation of NMRFs – EBA publishes final draft technical standards on capital requirements of NMRFs under the FRTB
  • COVID-19 and dividends – ECB urges banks to further delay or limit dividends until September 2021
  • Resolution of small and medium-sized banks – ECA publishes report
  • Single Resolution Board – Final valuation data set published
  • Capital distributions by large banks – PRA publishes statement
  • Supervision – PRA publishes Dear CEO letters on its 2021 supervisory priorities for UK deposit takers and international banks
  • Dual-regulated firms Remuneration Code – FCA publishes Policy Statement PS20/16 and Guidance
  • Card-acquiring services – PSR updates on merchant survey disclosure in market review
  • Mastercard Incorporated and others (Appellants) v Walter Hugh Merricks CBE (Respondent) [2020] UKSC 51, 11 December 2020

Securities and Markets

  • MiFID II reporting requirements – European Commission adopts Delegated Regulation on thresholds for weekly position reporting
  • Prospectus Regulation – Commission publishes final version of Delegated Regulation
  • COVID-19 and MiFID II – Council of EU invites COREPER to approve final compromise text of proposals to amend MiFID II Directive
  • Recovery and resolution of CCPs – Council of EU publishes text of proposed Regulation
  • MiFIR – Implementing Decision regarding the equivalence of Singapore published in the Official Journal
  • Market share of credit rating agencies – ESMA publishes annual calculation for EU-registered CRAs
  • Euro risk-free rates – ESMA Chair, Steven Maijoor, delivers speech at third roundtable on euro risk-free rates
  • MMF Regulation – ESMA updates stress test guidance
  • COVID-19 – ESMA renews decision lowering reporting threshold for net short position holders and EFTA adopts corresponding decision
  • EMIR Refit – ESMA publishes draft technical standards under EMIR Refit
  • CRR - Collective investment undertakings – EBA consults on technical standards to calculate risk weights
  • IFD - Remuneration and internal governance – EBA launches consultations on new guidelines
  • Short Selling Regulation – HM Treasury proposes changes to notification thresholds
  • FCA Consultation Paper (CP20/24): A new UK prudential regime for MiFID investment firms

Asset Management

  • AIFMD – ESMA publishes final report on guidelines addressing leverage risks

Insurance                                                       

  • COVID-19 – IAIS publishes its 2020 global insurance market report
  • Climate change – EIOPA publishes sensitivity analysis of climate-change related transition risks
  • Solvency II – EIOPA submits its opinion on the Solvency II review to the European Commission
  • Solvency II – PRA updates webpage on its expectations for the work of external auditors on the matching adjustment
  • Supervision – PRA publishes Dear CEO letter on its 2021 insurance supervisory priorities
  • COVID-19 – FCA launches consultation to assist parties in proving presence of COVID-19 in business interruption insurance claims
  • ESG – Lloyd’s of London publishes its first report
  • Pensions Dashboard Programme – Key data standards published

Financial Crime

  • COVID-19 – FATF publishes update on money laundering and terrorist financing risks
  • EBA Regulation – EBA publishes report on risk assessment methodology
  • Strengthening connections between the AML/TF and deposit protection frameworks – EBA publishes Opinion
  • Money laundering and terrorist financing – HM Treasury and Home Office national risk assessment 2020
  • Money laundering regime – FCA announces temporary registration regime for cryptoasset businesses

Enforcement

  • IDD – EIOPA publishes report on NCA administrative sanctions
  • London Capital & Finance plc – HM Treasury publishes report on independent investigation and FCA publishes response
  • Final notice – FCA fines bank £26 million over treatment of customers in financial difficulty
  • Final notice – FCA fines and prohibits hedge fund Chief Investment Officer for market abuse

 

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