09 Dec 2022

Financial Regulation Weekly Bulletin - 8 December 2022

Includes developments in relation to: the Financial Services and Markets Bill; the Consumer Duty; financial promotions; prudential treatment of sustainability risks; and AML.

Click on the headings below to access each section:

General

  • Resolution Report 2022 – FSB takes stock
  • Sustainable finance - European Commission publishes speech
  • Financial Services and Markets Bill - Report stage in House of Commons completed
  • Improving regulatory operational effectiveness - HM Treasury publishes correspondence with the FCA and the PRA
  • Application of the Consumer Duty - FCA publishes proposed clarifications
  • Gateway for firms who approve financial promotions - FCA publishes Consultation Paper (CP22/27)
  • Cyber Coordination Group meetings - FCA publishes summary of insights
  • Section 165 request for principal firms - FCA publishes new webpage
  • Digital Regulation Cooperation Forum workplan - Call for input published

Beyond Brexit

  • NCAs’ handling of relocation to the EU following Brexit - ESMA publishes peer review

Banking and Finance

  • Climate- related financial risks - Basel Committee publishes FAQs
  • Consumer Credit Directive II - Provisional political agreement reached on proposed Directive
  • PSD2 - Commission Delegated Regulation amending RTS on strong customer authentication published in OJ
  • CRR - Commission Implementing Regulation amending ITS on mapping of credit assessments of ECAIs for securitisation published in OJ
  • Real Time Gross Settlement Service renewal programme - Bank of England publishes updated webpage
  • Support for mortgage borrowers - HM Treasury publishes statement and the FCA issues guidance
  • APP scams reporting - PSR publishes Consultation Paper (CP22/5)

Securities and Markets

  • EU Capital Markets Union - European Commission publishes package of legislative proposals on clearing, corporate insolvency and listing
  • FX Global Code - GFXC publishes statement on workplan discussions

Asset Management

  • ELTIF Regulation - Council of the European Union has published an information note on proposed Regulation
  • Financial advisers and intermediaries - FCA publishes portfolio letter

Insurance

  • Diversity, equity and inclusion and insurance supervision - IAIS publishes report
  • European Deposit Insurance Scheme - Key MEPs publish letter calling for progress on an EDIS
  • Prudential treatment of sustainability risks - EIOPA publishes Discussion Paper
  • Insurance for natural catastrophes - EIOPA publishes protection gap dashboard
  • Settlement at fair market value -  FCA urges insurance providers not to undervalue insured items
  • General insurance pricing rules - FCA publishes findings of multi- firm review

Financial Crime

  • Managing ML/TF risks when providing access to financial services - EBA publishes Consultation Paper
  • AML Regulation and MLD6 - Council of the European Union publishes position on proposed Regulation
  • AML/CTF - JMLSG publishes final revisions to Part I of guidance

Enforcement

  • Provision of unsuitable advice to transfer out of British Steel Pension Scheme -  FCA publishes Final Notice
  • Market manipulation - FCA publishes Decision Notices against three bond traders
  • Failures in market abuse surveillance systems of broker firms - FCA publishes Final Notice
  • Moneybrain Ltd v FCA [2022] UKUT 00257 (TCC)

 

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