21 May 2021

Financial Regulation Weekly Bulletin - 20 May 2021

Includes developments in relation to: claims management phoenixing, legacy outsourcing arrangements, strong customer authentication, securitisation regulation, capital internal models, FSCS protection, derivatives regulation, short selling regulation, benchmarks regulation, pensions and anti-money laundering.

Click on the headings below to access each section.

General

  • Civil Liability Act 2018 (Financial Conduct Authority) (Whiplash) Regulations 2021 published
  • Net Zero economy – Bank of England publishes speech considering steps for UK financial services firms
  • New consumer duty – FCA publishes consultation paper
  • Preventing claims management phoenixing – FCA publishes consultation paper
  • Legacy outsourcing arrangements – FCA clarifies its expectations regarding firms’ obligations
  • Firms changing legal status – FCA updates webpage setting out improved process
  • Strong Customer Authentication – FCA publishes statement on deadline extension

Banking and Finance

  • Supervisory data collection – European Commission publishes roadmap
  • Securitisation regulation – The European Supervisory Authorities publish report
  • CRD IV – European Banking Authority publishes report on member states’ reliance on external credit ratings
  • Securitisation Regulation – European Central Bank announces it will start supervising credit institutions’ compliance
  • Single supervisory mechanism – European Central Bank adopts amendments on reporting of supervisory financial information
  • Crisis management and deposit insurance framework – Single Resolution Board publishes blueprint
  • Capital internal models – PRA publishes statement on supervisory benchmarking exercise
  • FSCS protection – FCA publishes Dear CEO letter to e-money firms
  • Financial Services Culture Board – Banking Standards Board extends membership scope

Securities and Markets

  • Derivatives regulation – International Organization of Securities Commissions publishes speech
  • Short Selling Regulation – ESMA publishes opinion recommending permanent lowering of reporting threshold for net short positions
  • European Securities and Markets Authority – Natasha Cazenave appointed as Executive Director
  • UK Securities Financing Transaction Regulation – Trade associations publish information statement
  • Sustainable finance taxonomies – International Capital Markets Association publishes overview and recommendations
  • LIBOR – Working Group on Sterling Risk-Free Reference Rates recommends successor rate
  • Benchmarks Regulation – FCA publishes consultation paper on use of new powers to support wind down of critical benchmarks
  • Benchmark transition – ICE Benchmark Administration launches GBP SONIA spread-adjusted ICE Swap Rate ‘beta’ settings

Insurance

  • Pension scams – Department for Work and Pensions publishes consultation paper on empowering trustees and protecting members
  • Insolvency arrangements for insurers under FSMA – HMT publishes consultation paper
  • Pensions consumer journey – FCA and Pensions Regulator publish joint call for input

Financial Crime

  • AML and CFT action plan – European Commission publishes speech
  • Combating money laundering and terrorist financing – IAIS publishes revised application paper
  • Financial crime – FCA publishes speech on rise in scams and their threat to a legitimate financial services industry

Enforcement

  • Fraudulent trading and carrying on regulated activities without authorisation – FCA commences criminal proceedings
  • Complaint against the PRA – Complaints Commissioner recommends PRA consider ex-gratia payments scale for complaint delays
  • Monetary penalty notice – ICO fine for sending marketing emails without valid consent

 

 

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