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 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...
On 12 June 2019 the PRA published a new ‘Dear CEO’ letter summarising the regulator’s findings from a review of 20 non-systemic deposit taking firms that it has undertaken over the past year. The firms reviewed are mostly growing faster than the market as a whole, so the PRA refers ...
Described as the “biggest overhaul to the overdraft market for a generation”, the FCA has announced the introduction of reforms to address what it sees as a dysfunctional overdraft market. This follows on from their consultation paper which, alongside the repeat use remedies (mentioned below), will come into force on 18 December 2019.
1. FCA/AFM: JOINT AGREEMENT FCA and the Dutch Authority for the Financial Markets (AFM) met on 3 June 2019 and have signed a joint agreement of cooperation (the text of which has not been published). FCA notes that, in addition to building cooperation and information sharing post-Brexit, the agreement also ...