Under the Financial Services and Markets Act 2000 (“FSMA”) a person cannot carry on any “regulated activities” unless they are authorised by the FCA, or unless it falls within an exemption or exclusion. Any contravention of this prohibition is a criminal offence.
EC: EQUIVALENCE IN THE AREA OF FINANCIAL SERVICES
The EC has set out its approach on equivalence and on recent legislative improvements in terms of how it grants equivalence to non-EU countries. It also describes how the EC and ESAs monitor the situation in those countries after equivalence decisions have been taken and how recent EU legislative changes have strengthened the equivalence framework....
The proliferation of online platforms in financial services has created a new mechanism for distributing financial services. This article sets out the legal and regulatory challenges faced by an online financial services platform.
On 31 July 2019, the UK’s Financial Conduct Authority (the “FCA”) released policy statement PS19/22 : Guidance on Cryptoassets setting out the FCA’s final guidance on cryptoassets and their treatment within the FCA’s regulatory remit (the “Guidance”). The Guidance follows the consultation paper CP19/3 (see our previous article from February 2019) released in January and the Cryptoassets Taskforce’s...
1. HMT: LAUNCH FINANCIAL SERVICES FUTURE REGULATORY FRAMEWORK REVIEW
HM Treasury has launched the first phase of the Financial Services Future Regulatory Framework review. This phase will look at how coordination between the regulatory authorities could be improved. Future phases will look at what adaptation is needed as the UK leaves the EU. The review is seeking submissions in relation to the...
The 2019 budget law introduced certain amendments to the specific Italian law on crowdfunding (Crowdfunding Regulation no. 18592/2013), in order to extend the provisions on crowdfunding, bonds and debt instruments issued by small-medium enterprises (“SME”).
SWISS- EU RELATIONS: SWITZERLAND LOSES STOCKMARKET EQUIVALENCE
The EU failed to renew its trading venue equivalence decision for Switzerland under MiFID/MiFIR. The previous short term decision expired at the end of June. The Swiss Federal Department of Finance (FDF) responded with measures announced in their press release here. The Financial Times reported on market reaction in its article of 30...
PRA:PS5/19 THE BANK OF ENGLAND'S AMENDMENTS TO FINANCIAL SERVICES LEGISLATION UNDER THE EUROPEAN UNION (WITHDRAWAL) ACT 2018
An updated version of this PS has been published. The updated version can be found here.
On 02 July 2019 IVASS (the Institute for the Supervision of Insurance) issued a letter addressed to UK Insurers pursuing business in Italy, asking to submit a plan on the measures adopted in case of hard Brexit (the “Letter”).
On 26 June 2019, the Council for the European Union published a compromise proposal in relation to the European Commission’s draft framework to regulate crowdfunding platforms in the EU (the "Crowdfunding Regulation"). The proposed regulation is part of the Council’s efforts to improve access by investors and businesses to new financing sources. The compromise proposal published follows the European...