Systems and control
FCA-authorised firms must have appropriate systems and controls in place taking into account the nature, scale, and complexity of the business. This creates numerous obligations, primarily relating to:
Suitability assessment obligations
An online advice platform will need to consider whether an investment is suitable for a client when providing investment advice.
The purpose of the Shareholders Rights Directive II (“SRD II”) is to encourage long-term shareholder engagement and transparency between traded companies and investors. These changes came into force on 10 June 2019 and Member States have transposed the SRD II's provisions into national law. These require UK companies with shares admitted to trading on a regulated market in the UK or EU to have safeguards...
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...