The following posts provide a snapshot of selected UK, EU and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructures, asset managers and corporates.
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Mansion House 2024
November 14, 2024
Rachel Reeves, the U.K. Chancellor has set out a package of reforms in her Mansion House speech. The reforms aim to drive growth and competitiveness in financial services. Ms. Reeves stated that the regulatory changes post-financial crisis created a system which sought to eliminate risk-taking that 'has gone too far' and has led to unintended consequences. Ms. Reeves hopes to maintain the U.K.'s high regulatory standards while rebalancing elements of the regulatory system to drive economic growth and competitiveness. The package includes:- A proposed Financial Services Growth and Competitiveness Strategy
- Further reforms to the U.K.'s wholesale markets framework
- A new Payments Vision
- Confirmation of the introduction of PISCES
- A consultation on a proposed U.K. Green Taxonomy
- Confirms that the provision of ESG ratings will be brought within the scope of the U.K. regulatory perimeter
- Potential credit union common bond reform
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Financial Stability Board Report on Financial Stability Implications of Artificial Intelligence
November 14, 2024
The Financial Stability Board has published a report outlining recent developments in the adoption of AI in finance and their potential implications for financial stability. The report notes that AI offers benefits from improved operational efficiency, regulatory compliance, personalised financial products, and advanced data analytics. However, AI may also amplify certain financial sector vulnerabilities and thereby pose risks to financial stability. According to the FSB, AI-related vulnerabilities with the potential to increase systemic risk include: (i) third-party dependencies and service provider concentration; (ii) market correlations; (iii) cyber risks; and (iv) model risk, data quality, and governance. In addition, GenAI could increase financial fraud and disinformation in financial markets. Misaligned AI systems that are not calibrated to operate within legal, regulatory, and ethical boundaries can also engage in behaviour that harms financial stability. From a longer-term perspective, AI uptake could drive changes in market structure, macroeconomic conditions, and energy use that may have implications for financial markets and institutions.
The report notes that existing regulatory and supervisory frameworks address many of the vulnerabilities associated with AI adoption. However, more work may be needed to ensure that these frameworks are sufficiently comprehensive.
Read more.Topic : Artificial Intelliegence -
EU Final Guidance on Implementation of EU And National Sanctions
November 14, 2024
The European Banking Authority has finalized two sets of guidelines setting common standards on the governance arrangements and the policies, procedures, and controls that financial institutions should have in place to be able to comply with EU and national restrictive measures. Restrictive measures applicable to financial institutions comprise targeted financial sanctions and sectoral measures, e.g., economic and financial measures. Both sets of guidelines will apply from December 30, 2025.
The first set of guidelines is addressed to all institutions within the EBA's supervisory remit, i.e., those regulated and supervised under the Capital Requirements Directive, the Payment Services Directive, and the Electronic Money Directive. These guidelines set out the governance and risk management systems that financial institutions should implement to address the risk of potentially breaching or evading restrictive measures.
The second set of guidelines is specific to restrictive measures under the Wire and Cryptoasset Transfer Regulation. The guidelines specify what payment service providers and crypto-asset service providers should do to be able to comply with restrictive measures when performing transfers of funds or crypto-assets. -
UK High Court Finds London Capital & Finance Plc to be a Ponzi Scheme
November 14, 2024
The U.K. High Court has handed down judgement in the civil case of London Capital & Finance Plc (in administration) and others v Michael Andrew Thomson and others [2024] EWHC 2894 (Ch). London Capital & Finance was an investment firm regulated by the Financial Conduct Authority. It was also registered as an ISA manager with HM Revenue and Customs. LCF collapsed into administration in 2019, resulting in losses of around £237 million to around 11,500 mostly retail investors. LCF and its administrators brought a civil claim against those responsible for running and administering LCF's business, alleging (among other things) that: (i) representations made to LCF bondholders regarding LCF's activities were false; (ii) the defendants misappropriated sums of over £136 million from LCF and/or associated companies; and (iii) LCF was operated as a Ponzi scheme and as a result, the defendants were knowingly party to fraudulent trading and should be liable to compensate the claimants for their losses.
The court found for that: (i) LCF had made misrepresentations which amounted to fraudulent conduct of business; (ii) there had been fraudulent misappropriation of LCF's assets; and (iii) LCF had been operated fraudulently as a Ponzi scheme. As a result, the defendants were liable to LCF for knowing participation in the fraudulent conduct of LCF's business and LCF and its administrators had established equitable proprietary claims against certain of the defendants. A subsequent hearing will be held to decide the level of compensation payable by the defendants.
Read more.Topic : Consumer Protection -
Mansion House: Response to Consultation on Future Regulatory Regime for ESG Ratings Providers
November 14, 2024
Following its consultation, HM Treasury has published its response to the consultation on the future regulatory regime for ESG ratings providers, along with the draft Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2024. HM Treasury confirms that it will be proceeding with its proposal to bring the provision of ESG ratings within the scope of the U.K. regulatory perimeter. The government welcomes technical comments on the draft regulation by January 14, 2025. The government plans to finalize the legislation in 2025, at which point the Financial Conduct Authority will consult on the specific requirements. HM Treasury expects the overall process of designing, developing and commencing the ESG ratings regulatory regime to take approximately four years.
As part of the design of the future regulatory framework for ESG ratings provision, the FCA is also considering its approach to overseas ESG ratings providers applying for U.K. authorization. This includes exploring whether, according to size, significance, or market impact in the U.K., an ESG ratings provider would be expected to be incorporated in the U.K. HM Treasury is also exploring creating overseas regimes and other access routes into the U.K. market for overseas providers, including a possible market access or overseas regime for ratings issued in overseas jurisdictions. -
Mansion House: HM Treasury Consults on UK Green Taxonomy
November 14, 2024
HM Treasury has published a consultation on developing a U.K. Green Taxonomy to classify sustainable economic activities, with the aim of increasing sustainable investment and reducing greenwashing risk. Responses to the consultation may be submitted until February 6, 2025.
The consultation seeks views on the use cases for a taxonomy, including complementing the U.K.'s other green initiatives, supporting the development of sustainability-focused financial products and the potential application to investment fund and investment portfolio product disclosures. It further seeks input on whether the taxonomy could support the mobilization of transition finance, following the U.K.'s Transition Finance Market Review (discussed in our blog post, "UK Transition Finance Market Review Publishes Recommendations"). The consultation also sets out proposed design features to maximize the usability of any such taxonomy, including: (i) its interoperability with other international taxonomy regimes; (ii) the environmental objectives and sectoral scope of the U.K. Taxonomy; (iii) the best way to incorporate the "do no significant harm" principle; and (iv) the desired level of governance and oversight to ensure credibility of the regime. -
Mansion House: National Payments Vision
November 14, 2024
HM Treasury has published the National Payments Vision, outlining the government's plans for bolstering the U.K. payments sector. The Vision, which is an integral part of the latest Mansion House reforms, responds to the findings of the independent Future of Payments Review 2023, led by Joe Garner, and takes action to address key issues across the landscape.
The Vision aims to "strengthen the foundations of today" by ensuring that the regulatory framework is clear, predictable and proportionate. To support this, the government has outlined its priorities for U.K. payments through a joint remit letter to the Financial Conduct Authority and the Payments Systems Regulator and welcomes the regulators' commitment to revise their existing memorandum of understanding on cooperation in relation to payments regulation. Another significant objective is ensuring infrastructure is resilient. The government has concluded that the New Payments Architecture program is not sufficiently agile. It is therefore establishing a Payments Vision Delivery Committee which will, through work led by the Bank of England and PSR, clarify the upgrades required to the existing Faster Payments System, assess longer-term requirements and the appropriate funding and governance arrangements needed to deliver this—including proposals to reform Pay.UK.
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EU Listing Act Package Published in Official Journal of the European Union
November 14, 2024
The following legislation that comprises the EU Listing Act package has been published in the Official Journal of the European Union:- Regulation (EU) 2024/2809 amending the EU Prospectus Regulation, the EU MAR and EU MiFIR (the "Listing Regulation");
- Directive (EU) 2024/2811 amending MiFID II and repealing Directive 2001/34/EC (the "Listing Directive"); and
- Directive (EU) 2024/2810 on multiple-vote share structures (the "Multiple-Vote Shares Directive").
The Listing Regulation and Directive aim to streamline the rules applicable to companies, particularly SMEs, going through a listing process or companies already listed on EU public markets, by alleviating administrative burdens and costs, while preserving a sufficient degree of transparency, investor protection and market integrity. The Listing Directive also amends the EU requirements on how payments are made for investment research. EU firms will be permitted to choose whether to make joint or separate payments for third-party research and execution services. This follows the U.K. change to its rules, which took effect in August. We discuss the EU and U.K. changes in our note, "UK allows bundled payments for third-party research and trading commissions."
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Mansion House: Report on Mutuals Sector Landscape Requested from FCA and PRA
November 14, 2024
HM Treasury has published two letters from Tulip Siddiq, Economic Secretary to the Treasury sent to the CEOs of the Financial Conduct Authority and the Prudential Regulation Authority requesting a report on the current mutuals landscape before the end of 2025. Ms. Siddiq explains that the request is part of the government's commitment to unlock the full potential of the mutual and cooperative sector in the U.K. and the importance of effective and proportional regulation in supporting this. She explains that the reports will aid the government and regulators' consideration of how best to support the mutuals sector to drive inclusive growth across the U.K., a key part of the latest Mansion House reforms. The letters also request a response from the regulators setting out their next steps in engaging with the request. -
Mansion House: Call for Evidence on Credit Union Common Bond Reform
November 14, 2024
HM Treasury has published a call for evidence on credit union common bond reform, which is part of the latest Mansion House reforms. The government is seeking views on the merits of and considerations for changing parts of the common bond requirement for membership of a credit union in Great Britain, under the Credit Unions Act 1979. The call for evidence is motivated by a wish to help credit unions grow sustainably and ensure that this aspect of the legislative framework for credit unions is fit for the 21st century. The call for evidence only seeks views on the common bond for credit unions in England, Wales, and Scotland. This is because responsibility for credit unions in Northern Ireland is a devolved matter for the Northern Ireland Executive. Responses may be submitted until March 6, 2025. Following the call for evidence, HM Treasury plans to publish a summary of responses and its proposed next steps, which may include a consultation on specific proposals. -
Mansion House: UK Government Finalizes PISCES Policy
November 14, 2024
HM Treasury has published a consultation response, policy note and draft legislation to deliver its commitment to establish the Private Intermittent Securities and Capital Exchange System (PISCES), a new innovative market for trading private company shares. The documents describe how the PISCES regime, which is a key part of the latest Mansion House reforms, will be established, reflecting the policy decisions and design choices of the government.
In its consultation response, the government notes that the proposal to establish a PISCES Sandbox was well received as an appropriate way to develop and test this new regulatory regime. The government confirms that it will proceed to establish PISCES in a sandbox, granting the Financial Conduct Authority the relevant powers to implement and operate it. The sandbox will run for five years. Firms that want to operate a PISCES platform will need to apply to the FCA for approval and those trading on such a platform will be subject to modified regulations. Future measures to make PISCES permanent will depend on the outcomes of the sandbox.
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Mansion House: UK Government Announces Further Reforms To The Wholesale Markets Framework
November 14, 2024
HM Treasury has published a policy paper announcing further reforms to the U.K.'s wholesale markets framework, a key part of the latest Mansion House reforms HM Treasury has committed to legislate to amend the Markets in Financial Instruments legislative package to achieve these changes. Where the changes involve revoking existing legislation and placing it in the Financial Conduct Authority's Handbook, the revocation will coincide with the regulator's rules taking effect.
Firstly, the FCA will be given enhanced powers of direction regarding the reporting of OTC positions. This is intended to address issues that arose in the Nickel market in 2022 by empowering the FCA to ensure that exchanges receive the right transparency about OTC positions and enable exchanges to operate their position management obligations effectively. The FCA will be able to intervene where it considers there is a risk to market stability.
Second, legislation will be introduced revoking the transaction reporting provisions in MiFIR and delegating to the FCA the responsibility for establishing rules for the regime. It is envisaged that the FCA will be in a better position to consider long-term solutions to the challenges facing firms in complying with the existing regime.
Finally, the detailed firm-facing requirements contained in the MiFID Org Regulation will be revoked and replaced in the FCA's Handbook. This will give the FCA more flexibility to adjust to changing conditions requiring the standards to be updated. -
Mansion House: Financial Services Growth and Competitiveness Strategy
November 14, 2024
HM Treasury has launched a call for evidence on a proposed Financial Services Growth & Competitiveness Strategy, a key part of the latest Mansion House reforms. Once developed, the Strategy will serve as the central guiding framework for the next ten years through which the government aims to deliver sustainable, inclusive growth for the financial services sector and secure the U.K.'s competitiveness as an international financial center. To meet its objectives, the proposed strategy sets out five core policy pillars central to sustainable growth: innovation and technology, regulatory environment, regional growth, skills and access to talent, and international partnerships and trade. The proposed strategy also identified five priority growth areas within the financial services sector: fintech, sustainable finance, capital markets (including retail investment), insurance and reinsurance markets, and asset management and wholesale services. Responses to the call for evidence may be submitted is December 12, 2024. HM Treasury intends to publish the strategy in Spring 2025.
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Bank of England Publishes Updated Enforcement Policy and Procedure
November 12, 2024
The Bank of England has published a policy statement on its approach to enforcement and an updated Statement of Policy And Procedure on its approach to enforcement. The update follows the Financial Services and Markets Act 2023 which expanded existing, as well as introduced new, regulator enforcement powers. A number of changes have been made to policy as consulted on. The updated Statements of Policy And Procedure took effect on November 12, 2024. The BoE (including, where applicable, the Prudential Regulation Authority) will have regard to the policies on exercising its enforcement powers in force at the time of any breach. Consequently, when conduct which would have amounted to a breach under the updated Statement of Policy And Procedure begins before November 12, 2024 and continues after that date, the new regime applies only to the conduct from November 12, 2024 onwards.
The BoE has also published an updated version of its Enforcement Decision Making Committee's Procedures. The remit of the Enforcement Decision Making Committee's Procedures encompasses decisions in enforcement cases concerning exercise of those powers. The Enforcement Decision Making Committee's Procedures were created by the Court of the BoE to help the BoE discharge its responsibilities and strengthen its enforcement processes by ensuring a functional separation between the BoE's investigation teams and the BoE's decision makers in contested enforcement. The procedures were first published in 2018. -
UK Regulators Finalize Rules on Critical Third Parties to the UK Financial Sector
November 12, 2024
The Prudential Regulation Authority and Financial Conduct Authority have published a joint policy statement on operational resilience for critical third parties (CTPs) in the U.K. financial sector, which includes their final rules for CTPs. The overall objective of the final policy is to manage risks to the stability of, or confidence in, the U.K. financial system that may arise due to a failure in, or disruption to, the services that a CTP provides to one or more authorised persons, relevant service providers and/or financial market infrastructure entities.
The rules will take effect from January 1, 2025, but will only apply to individual CTPs from the date their HM Treasury CTP designations come into force. HM Treasury has not yet made any such CTP designations.
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Consultation on Updated Liquidity Risk Management Recommendations for Collective Investment Schemes
November 11, 2024
The International Organization of Securities Commissions has published a consultation report on its proposed revised recommendations for liquidity risk management for collective investment schemes. The Liquidity Risk Management Recommendations For Collective Investment Schemes were originally published in 2018. The revised recommendations take into consideration the Financial Stability Board's revised recommendations to address structural vulnerabilities from liquidity mismatch in open-ended funds, published in December 2023. The recommendations also take account of recent market events such as the COVID-19-induced market volatility and the conflict in Ukraine. Responses to the consultation may be submitted until February 11, 2025. IOSCO aims to publish its final report in the first half of 2025.
The proposals consist of 17 recommendations organised into a revised structure with six sections, namely: (i) the collective investment scheme design process; (ii) liquidity management tools and measures; (iii) day-to-day liquidity management practices; (iv) stress testing; (v) governance; and (vi) disclosures to investors and authorities.
The accompanying Implementation Guidance, also for consultation, sets out technical elements focusing on open-ended funds, such as the determination of asset and portfolio liquidity and considerations relating to the calibration and activation of liquidity management tools and other liquidity management measures.Topic : Funds -
UK Government Finalizes Near-Term Bank Ring-Fencing Reforms
November 11, 2024
HM Treasury has published a response to its consultation on the near-term reforms relating to the bank ring-fencing regime. Overall, there was widespread support for the proposed reforms. However, a number of policy and legal issues were identified by respondents which the government has sought to address.- as proposed, the threshold for banks to be within scope of the regime is being raised from £25 billion to £35 billion in "core deposits."
- HM Treasury is maintaining the proposal that banks that do not have major investment banking operations will be removed from the ring-fencing regime entirely. Retail-focused banks with trading assets of less than ten percent of Tier 1 capital will be exempt from the regime, except where they are part of a Global Systemically Important Bank.
- as proposed, a de minimis threshold is being introduced to allow ring-fenced banks to incur an exposure of up to £100,000 to a single "relevant financial institution" (e.g., another bank, certain insurers or an investment firm) at any one time. HM Treasury is clarifying that where an RFB's counterparty becomes a relevant financial institution, the twelve-month grace period in article 19B of the FSMA 2000 (Excluded Activities and Prohibitions) Order 2014 (EAPO) only applies where no other exemption applies.
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Updated Draft UK Short Selling Regulations Published
November 11, 2024
An updated draft version of the Short Selling Regulations 2024, alongside an explanatory memorandum and de minimis impact assessment, have been laid before Parliament. The draft Regulations establish a new legislative framework for the regulation of short selling, creating designated activities for short selling, giving the Financial Conduct Authority rulemaking powers related to these activities and powers to intervene in exceptional circumstances. The updated draft Regulations do not include any requirements for short positions in sovereign debt or sovereign CDS, including the related reporting requirements. This maintains the policy approach previously announced of revoking the short-selling regime for these instruments, for business-as-usual reporting. Sovereign debt and sovereign CDS will, however, be in scope of the FCA's powers in exceptional circumstances.
The updated draft Regulations amend some of the provisions in the original draft SSR and add new provisions.
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Draft Regulations on the UK Designated Activities Regime
November 11, 2024
A draft version of the Financial Services and Markets Act 2000 (Designated Activities) (Supervision and Enforcement) Regulations 2024, together with an explanatory memorandum, have been laid before Parliament. The designated activities regime is a new U.K. concept to give the Financial Conduct Authority rulemaking powers over financial sector activities, such as public offers and listing, which are not necessarily carried out by regulated firms such as banks. We discussed the DAR in our bulletin, "Financial Services and Markets Bill: The Designated Activities Regime in the UK".
The Regulations will amend the Financial Services and Markets Act 2000 with regard to the FCA's supervision and enforcement of DAR requirements. They enable the FCA to supervise designated activities by gathering information and launching investigations into persons carrying out designated activities, and to enforce its designated activity rules by publicly censuring or imposing financial penalties on persons that breach them. They also set out the procedures that will apply to the FCA giving directions concerning designated activities. The Regulations have been laid before Parliament and will enter into force on the day after they are made. -
UK Financial Services and Markets Act 2023 (Consequential Amendments) Regulations 2024 published
November 7, 2024
The Financial Services and Markets Act 2023 (Consequential Amendments) Regulations 2024 have been published, with an accompanying explanatory memorandum. Regulations 3 to 7 make consequential amendments in connection with the Financial Services and Markets Act 2023 (Commencement No. 8) Regulations 2024, which bring into force several paragraphs of Schedule 2 to FSMA 2023, granting the Financial Conduct Authority the power to make rules in relation to pre- and post-trade transparency obligations and systematic internalisers.
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UK Home Office Publishes New Guidance on Failure to Prevent Fraud
November 6, 2024
The U.K.'s Home Office has published guidance on the new corporate criminal offense of failure to prevent fraud under the Economic Crime and Corporate Transparency Act 2023. Under the offense, large organizations may be held criminally liable where an employee, agent, subsidiary, or other "associated person" commits a fraud intending to benefit the organization. In the event of prosecution, an organization would have to demonstrate to the court that it had reasonable fraud prevention measures in place at the time that the fraud was committed. The offense applies to all large, incorporated bodies and partnerships (including partnerships that are not bodies corporate).
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The UK Economic Crime and Corporate Transparency Act 2023 (Commencement No. 3) Regulations 2024 Published
November 6, 2024
The Economic Crime and Corporate Transparency Act 2023 (Commencement No. 3) Regulations 2024 have been published. The Regulations bring into force certain provisions of the Economic Crime and Corporate Transparency Act 2023. Regulation 2 brings measures relating to civil recovery of crypto-assets, which are already in force in England, Wales, and Northern Ireland, but only partially in force in Scotland, fully into force on November 7, 2024. Regulation 3 brings into force measures creating a new offense of failure to prevent fraud on September 1, 2025. -
UK Financial Conduct Authority Consults on Investment Research Payment Optionality for Fund Managers
November 5, 2024
The Financial Conduct Authority has opened a consultation on extending the new payment optionality for investment research to pooled funds. This proposal will allow asset managers to use the new payment optionality that was confirmed for MiFID firms earlier this year, in line with the recommendation made by the U.K. Investment Research Review. We discussed the new rules for MiFID firms in "UK allows bundled payments for third-party research and trading commissions."
The proposals apply to UCITS and AIF managers and residual collective investment scheme operators. Managers who take up the option will need to meet various requirements, including: (i) having a written policy on the approach of joint payments; (ii) establishing a research budget based on the expected amount of third-party research; (iii) having a cost allocation structure among research providers; (iv) assessing the price and value of research periodically; (v) allocating cost of research fairly; (vi) responsibility for operating and administering any research payment accounts; and (vii) investor disclosure.
The deadline for comments is December 16, 2024. If the FCA decides to proceed, it aims to publish any rules or guidance in the first half of 2025. -
Network for Greening the Financial System Long-Term Climate Macro-Financial Scenarios for Climate Risks Assessments
November 5, 2024
The Network for Greening the Financial System has published the fifth phase of its long-term climate macro-financial scenarios for climate risks assessments. The main development is an updated assessment of physical risk. It now incorporates a new damage function, resulting in more substantial physical impacts from climate change. The Network for Greening the Financial System scenarios have been updated with new economic and climate data, policy commitments, and model versions.
Alongside the updated scenarios, the NGFS has published: (i) a high-level overview of the updates in the publication package, with a specific focus on the new damage function used for (chronic) physical risk assessment; (ii) a more detailed explanatory note on the new damage function; and (iii) updated technical documentation that discusses the NGFS modeling framework and assumptions behind the scenarios.Topic : Climate & Sustainable Finance -
UK Financial Conduct Authority Policy Statement and Discussion Paper for Improving Transparency for Bond and Derivatives markets
November 5, 2024
Following its consultation earlier this year, the Financial Conduct Authority has published a policy statement setting out its final position on the new U.K. bond and derivative transparency regime. In response to feedback, the FCA has made multiple changes to its proposals, including:- Modifying the post-trade deferral durations for bonds;
- Refining the grouping criteria for bonds; and
- Removing systems relying on negotiation from the scope of pre-trade transparency entirely.
Read more.Topic : MiFID II -
UK Treasury Committee Call for Evidence on Acceptance of Cash
November 5, 2024
The Treasury Committee has launched a call for evidence as it examines whether rules are needed to govern the acceptance of physical cash in the U.K. The Committee explains that the Bank of England has noted that the decline in cash usage is increasing the infrastructure costs of retaining physical cash as a viable payment method, which could lead to disruption for businesses and consumers. Meanwhile, there is a concern that cash is still being used by and is essential for certain vulnerable groups to make payments, and that the U.K. becoming over reliant on digital payments could have an impact on financial stability.
Questions in the call for evidence include:- Whether there are groups in society that disproportionately rely on using cash.
- What practical challenges and costs businesses may face from a requirement to accept cash.
- Whether any sectors would face problems by a decline in cash acceptance.
The deadline for responses is December 2, 2024. -
UK Financial Conduct Authority Seeks Views on Use of AI in UK Financial Services
November 4, 2024
The Financial Conduct Authority has launched a questionnaire on the current and future uses of AI in U.K. financial services and the financial services regulatory framework. The initiative is part of the FCA's AI Input Zone, which will help shape its future regulatory approach. Views are sought on: (i) what AI use cases firms are considering and what barriers are preventing any current or future adoption; (ii) whether current regulation is sufficient to support firms in embracing the benefits of AI in a safe and responsible way; and (iii) whether there are any specific changes to the regulatory regime or additional guidance that would be useful. The deadline for responses is January 31, 2025.
The FCA has also opened applications for the first AI Sprint, which will be taking place in January 2025.Topic : Artificial Intelliegence -
UK Conduct Authority Publishes Guidance on Pre-Contractual Disclosure Under Sustainability Disclosure Requirements and Investment Labels Regime
November 1, 2024
The U.K. Financial Conduct Authority has set out good and poor practice examples to assist firms in meeting the pre-contractual disclosure requirements under the Sustainability Disclosure Requirements and investment labels regime. The examples cover a selection of labels, but the FCA considers that much of the practice will be relevant across all investment labels. The SDR and investment labels regime enters into force on December 2, 2024, although firms have been able to use investment labels since July 31, 2024.Topic : Climate & Sustainable Finance -
UK Regulators Finalize Policy on Prudential Assessment of Acquisitions and Increases in Control
November 1, 2024
The U.K. Financial Conduct Authority and Prudential Regulation Authority have finalized their policy on the prudential assessment of acquisitions and increases of control. The regulators have published a joint policy statement, a PRA supervisory statement, and FCA non-handbook guidance. The documents cover: (i) how the regulators expect firms, acquirers, and increasing controllers to identify controllers for the purposes of the Financial Services and Markets Act 2000; (ii) the regulators' expectations for submitting the change in control notification; (iii) the assessment criteria; and (iv) how the regulators will use their respective statutory powers to impose conditions on an approval.
Read more.Topic : Corporate Governance -
UK Prudential Regulation Authority Policy Statement on the April Occasional Consultation Paper
October 31, 2024
The U.K. Prudential Regulation Authority has published a policy statement to its occasional consultation paper (CP6/24). The statement provides feedback to responses the PRA received to the consultation paper, as well as the PRA's final policy, as follows: (i) amendments to the Disclosure (CRR) Part of the PRA Rulebook; (ii) amendments to the Reporting (CRR) Part of the PRA Rulebook; (iii) amendments to the Regulatory Reporting Part of the PRA Rulebook; (iv) amendments to the Glossary of the PRA Rulebook; and (v) the addition of a new Rule 9.5A to the Policyholder Protection Part of the PRA Rulebook (Policyholder Protection).
The statement also provides feedback to responses in relation to a proposal in CP6/24, which was a joint consultation with the FCA (FCA Consultation paper 24/10). It also contains the PRA's and U.K. Financial Conduct Authority's final policy in the form of amendments to Binding Technical Standards (BTS) 2016/2251. The regulators are making consequential amendments to the BTS to ensure they reflect the expected changes to the U.K. version of the European Market Infrastructure Regulation that will be made in the Securitisation (Amendment) Regulations 2024. The implementation date for these amendments is November 4, 2024 with the exception of the amendments to U.K. Commission Delegated Regulation (EU) 2016/2251, which will be effective on November 1, 2024, which is when the final Technical Standards instrument by the PRA and FCA comes into force. -
Delegated Regulation Amending CRR Postponing Application Date of Own Funds Requirement for Market Risk Published in the OJ
October 31, 2024
Commission Delegated Regulation (EU) 2024/2795 amending the EU Capital Requirements Regulation with regard to the date of application of the own funds requirements for market risk has been published in the Official Journal of the European Union. The Delegated Regulation inserts a new Article 520a into the CRR that states, until January 1, 2026, institutions must continue to apply Part Three, Title IV, and the market risk requirements of Articles 430, 430b, 445 and 455 of the CRR. CRR III introduced into the CRR specific disclosure requirements for market risk, tailored to the requirements laid down in the fundamental review of the trading book for the calculation of own funds requirements for market risk. This Delegated Regulation delays the date of application of these provisions to January 1, 2026. For reasons of consistency, the related specific disclosure requirements will also be delayed. The Delegated Regulation will enter into force on November 1, 2024, the day after its publication in the Official Journal, and will apply from January 1, 2025. -
Bank of England Speech on Artificial Intelligence and Financial Stability
October 31, 2024
The Bank of England has published a speech by Sarah Breeden, BoE Deputy Governor, Financial Stability, on AI and financial stability. In the speech, Ms. Breeden explores the novel features of Generative AI, and how financial stability can be upheld whilst harnessing its potential benefits for economic growth.
Read more. -
Draft Financial Services and Markets Act 2023 (Addition of Relevant Enactments) Regulations 2024 Published
October 31, 2024
The draft Financial Services and Markets Act 2023 (Addition of Relevant Enactments) Regulations 2024 have been published, together with an explanatory memorandum. The Regulations add to the list of "relevant enactments" for the purposes of sections 13 to 17 of the Financial Services and Markets Act 2023. Under section 13 of FSMA 2023, HM Treasury may make regulations which may modify the effect or application of such relevant enactments for the purpose of testing the efficiency or effectiveness of new technologies or practices in the carrying on of financial markets infrastructure activities, the FMI sandbox. The Regulations will bring the following relevant enactments into scope of the FMI Sandbox powers: (i) the Stock Transfer (Gilt-edged Securities) (CGO Service) Regulations 1985; (ii) the Government Stock Regulations 2004; (iii) the Money Laundering Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017; and (iv) the Prospectus Regulation. The effect is to include new relevant enactments within the list at section 17(3) of FSMA 2023 so that these enactments can be modified by FMI sandboxes. Bringing the Stock Transfer Regulations, the Government Stock Regulations, and the Money Laundering Regulations into scope is intended to facilitate activity in the first FMI Sandbox, the "Digital Securities Sandbox" and relevant amendments will be set out in detail in a later statutory instrument and accompanying explanatory memorandum. Bringing the U.K. Prospectus Regulation into scope of the FMI Sandbox powers is designed to facilitate the creation of PISCES. The Regulations have been laid before Parliament and will come into force the day after the day on which they are made.Topic : Financial Market Infrastructure -
UK Transition Plan Taskforce Publishes Final Report on Progress Achieved and the Path Ahead
October 31, 2024The Transition Plan Taskforce has published its final report on the progress achieved and the path ahead. The report marks the end of the TPT's efforts to establish a gold standard for private sector transition plans. The report identifies key opportunities and challenges for the global adoption of transition plans, including building market capabilities, sharing best practices, developing tools for decision-makers, and fostering global consistency in transition planning norms.
The final report reveals that more companies than ever are disclosing their transition plans and aligning their business strategies with net-zero commitments. Financial institutions increasingly leverage these transition plans to direct transition finance, driving investments towards sustainable solutions. Internationally, momentum continues to grow to establish consistent standards and regulations on transition planning. The TPT observes that a growing number of jurisdictions are adopting the International Financial Reporting Standards (IFRS) S1 and S2 Standards. With the IFRS assuming responsibility for the TPT's disclosure materials, these will be utilized worldwide to support the emergence of a global norm on transition planning. The report also highlights four key areas where collective efforts could be focused in the future, to mainstream effective transition plans across the economy: (i) building market capabilities, practice and sharing experiences; (ii) developing enabling tools and driving thought leadership; (iii) ensuring that transition plans are integrated into decision-making; and (iv) increasing global consistency in transition planning norms and expectations. -
HM Treasury Proceeding with Introduction of Reserved Investor Funds
October 30, 2024In the U.K. government's Autumn Budget published on October 30, 2024 (paragraph 5.117), the government confirmed that it is proceeding with the introduction of the Reserved Investor Fund (Contractual Scheme). Related provisions will also make minor changes to the tax rules in respect of Co-ownership Authorised Contractual Schemes. Secondary legislation will be brought forward before the end of the tax year 2024-25. The date from which these reforms will have effect has not yet been indicated.Topic : Funds
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HM Treasury Post-Implementation Reviews on SME Credit Information and Finance Platforms Regulations
October 30, 2024
Alongside the U.K government's Autumn Budget delivered on October 30, 2024, HM Treasury has published two post-implementation reviews relating to small- and medium-sized enterprise credit.
The first review is of the Small and Medium Sized Business (Credit Information) Regulations 2015. These Regulations established commercial credit data sharing (CCDS), which aimed to lower the barriers to entry in the SME credit market by improving the availability of SMEs' credit data amongst lenders to reduce information asymmetries and therefore enable newer lenders to differentiate high and low risk SME borrowers.
The second review is of the Small and Medium Sized Business (Finance Platforms) Regulations 2015. These regulations established the bank referral scheme, placing an obligation on designated banks to refer SME business customers that they reject for finance to platforms that can match the SME with alternative finance providers.
In both reviews, HMT concludes that the schemes have broadly met their stated objectives, although the reviews identify areas where improvements could be made. In particular, feedback on the CCDS suggests that it may not be sufficiently flexible in responding to market changes such as the introduction of new products and the withdrawal of older products with low take-up. Similarly, feedback on the bank referral scheme suggests that participants in the scheme may experience frictions in the referrals process, which could be the result of significant differences in the way that designated banks have implemented referrals under the bank referral scheme. HMT plans to consult in spring 2025 on how it can further enhance the Credit Information Regulations and the Finance Platforms Regulations.Topic : Consumer Protection -
UK Government Announces PISCES Stamp Taxes on Shares Exemption
October 30, 2024
As part of the Autumn Budget delivered on October 30, 2024, the U.K. Government expressed it is committed to delivering the Private Intermittent Securities and Capital Exchange System (PISCES), a new innovative market for trading private company shares. In line with that commitment, the government announced a power-enabling HM Treasury to make Stamp Duty and Stamp Duty Reserve Tax changes in relation to financial market infrastructure sandboxes, as established under the Financial Services and Markets Act 2023. This power will be used to provide an exemption from Stamp Duty and Stamp Duty Reserve Tax for transfers on a PISCES platform and for onward transfers to end purchasers which result from trading on a PISCES platform. The exemption will be introduced on a similar timeline to the legislation establishing the PISCES regulatory framework. -
European Supervisory Authorities Publish Joint Report on Principal Adverse Impacts Disclosures under the EU Sustainable Finance Disclosure Regulation
October 30, 2024
The European Supervisory Authorities have published their third annual report on disclosures of principal adverse impacts under the EU Sustainable Finance Disclosure Regulation. The report assesses both entity and product-level PAI disclosures under the SFDR. These disclosures aim to show the negative impact of financial institutions' investments on the environment and people and the actions taken by asset managers, insurers, investment firms, banks and pension funds to mitigate them.
Overall, the report shows that financial institutions have improved the accessibility of their PAI disclosures. There has also been positive progress regarding the quality of the information disclosed by financial products, and, in general, in the quality of the PAI statements although the share of products disclosing SFDR PAI information remains quite low. A few national regulators also reported slight improvements in the compliance with the SFDR disclosures in their national markets. The ESAs state that while the level of compliance with the SFDR provisions, both at Level 1 and implementing measures is not yet fully satisfactory, it is important to recognize that both national regulators and financial market participants have made significant improvements, but additional efforts to achieve full compliance are still needed.
The ESAs conclude the report by making a number of recommendations to the European Commission and to national regulators. They also reiterate the need for national regulators to reduce the frequency of their assessment of the PAI disclosures under the SFDR to every two or three years. The ESAs believe these reports are valuable, but a less frequent reporting timeline would allow the ESAs and national regulators to focus more resources on delivering a more meaningful analysis of the PAI disclosures and to draw lessons from previous exercises. -
European Banking Authority Survey for Entities in Scope of Initial Margin Model Authorization Regime under EMIR 3
October 29, 2024
The European Banking Authority has launched, in cooperation with the European Securities and Markets Authority and the European Insurance and Occupational Pensions Authority, a survey addressed to entities within the scope of the initial margin model authorization regime introduced by the European Market Infrastructure Regulation 3.
EMIR 3 will introduce new requirements such as: (i) an authorization regime for IM models used by counterparties in the EU; (ii) a new EBA central validation function for pro-forma margin models; and (iii) a supervision of IM models with greater focus on larger counterparties. The survey is seeking general information on entities within the scope of IM model authorization, as well as specific information relevant for fee calculation and on initial margins and IM models used. The information gathered will guide the EBA in the setup of its central validation function and inform the EBA's response to the European Commission's July call for advice on a possible Delegated Act on fees. The information will also be used to develop proportionate requirements for entities within the scope of IM model authorization, especially for smaller entities (the so called "Phase 5" and "Phase 6" entities) as part of upcoming mandates under EMIR 3.
The deadline for responses to the survey is November 29. Closer to the EMIR 3 publication, the EBA will publish on its website operational clarifications aimed to ensure a smooth, convergent entry into force of EMIR 3 requirements in the EU.Topic : Financial Market Infrastructure -
Glasgow Financial Alliance for Net Zero Consults on Guidance on Nature in Net-Zero Transition Plans and Index Guidance to Support Real-Economy Decarbonization
October 29, 2024
The Glasgow Financial Alliance for Net Zero has published a consultation paper on nature in net-zero transition plans, which supplements the guidance provided in its November 2022 financial institution net-zero transition plans report. The proposed guidance covers opportunities to reduce nature emissions or increase nature sinks (natural climate mitigation), as well as opportunities to support emissions reductions and sequestration through nature-related activities (natural climate enablers). GFANZ explains that collectively, these nature-related levers expand the toolkit for financial institutions to achieve their net-zero commitments and may identify more potential net-zero financing opportunities. GFANZ notes that general impacts on nature from climate change are beyond the scope of the proposed guidance but are discussed in the consultation paper as an area for ongoing consideration, which may lead to integrated transition planning in the future. The deadline for comments is January 27, 2025. GFANZ expects to publish the final supplemental guidance in Q1 2025.
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European Securities and Markets Authority Consults on Amendments to Markets in Financial Instruments Directive Research Regime
October 28, 2024
The European Securities and Markets Authority has published a consultation on amendments to the research provisions in the revised Markets in Financial Instruments Directive following changes introduced by the Listing Act. The Listing Act introduces changes that enable joint payments for execution services and research for all issuers, irrespective of the market capitalization of the issuers covered by the research. The consultation paper includes proposals to amend Article 13 of MiFID II to align it with the new payment option offered. The proposals aim to ensure that the annual assessment of research quality is based on robust criteria and that the remuneration methodology for joint payments for execution services and research does not prevent firms from complying with best execution requirements. The deadline for comments is January 28, 2025. ESMA aims to provide its technical advice to the Commission in Q2 2025.Topic : Financial Market Infrastructure -
Financial Action Taskforce Publishes Consultation on Changes to AML/CFT and Financial Inclusion Standards
October 28, 2024
The Financial Action Taskforce has published a consultation paper on revisions to its anti-money laundering and counterterrorism financing standards relating to financial inclusion. The consultation is part of FATF's program of work to address the unintended consequences of AML/CFT measures.
The revisions focus on recommendation 1 (assessing ML/TF risks and applying a risk-based approach) and its Interpretive Note, with corresponding changes to recommendations 10 (customer due-diligence) and 15 (new technologies) and related Glossary definitions. The proposed revisions aim to better promote financial inclusion through increased focus on proportionality and simplified measures in the risk-based approach, and to give countries, supervisors, and financial institutions greater confidence and assurance when implementing simplified measures.
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European Securities and Markets Authority Consultation on Technical Advice under the Prospectus Regulation and Call for Evidence
October 28, 2024
The European Securities and Markets Authority has published a consultation paper on draft technical advice under the EU Prospectus Regulation and a call for evidence on prospectus liability. The consultation recommendations aim to facilitate European capital market activity by streamlining and reducing regulatory burden. It also puts forward proposals for non-equity securities that are advertised with ESG features and proposals to update the data reporting requirements to consider the changes introduced by the Listing Act. The Listing Act calls for an analysis of the liability of the information given in a prospectus and an assessment of whether further harmonization is warranted in this regard. It also calls for proposals of amendments to the liability provisions to be presented if relevant. As such the call for evidence on prospectus liability aims to gather input to provide technical advice on whether further harmonization should be considered. The deadline for comments on both publications is December 31, 2024. ESMA aims to publish its final technical advice to the EC in two separate final reports based on feedback received in Q2 2025. -
Financial Services and Markets Act 2023 (Commencement No 8) Regulations 2024 Published
October 28, 2024
The U.K. Financial Services and Markets Act 2023 (Commencement No. 8) Regulations 2024 have been made. The Regulations revoke certain pieces of EU law retained in the U.K. post-Brexit as well as bringing into force amendments made by the Financial Services and Markets Act 2023 to other such assimilated law. The regulations also bring into force amendments to FSMA 2000 made by FSMA 2023 giving HM Treasury the power to make regulations about unauthorized co-ownership alternative investment funds.
Revocations include: (i) removing LIBOR as a critical benchmark for the purpose of the U.K. Benchmark Regulations effective October 29, 2024; and (ii) revoking assimilated law versions of Commission Implementing Regulations (EU) 2018/33 and 2018/34 on October 29, 2024, which contain Implementing Technical Standards on the standardized presentation format of the statement of fees and the fee information document and their common symbol. These ITS supplement parts of the Payment Accounts Regulations 2015 that were revoked on January 1, 2024.
Read more.Topic : Brexit for Financial Services -
Taskforce on Nature-Related Financial Disclosures Publishes Draft Guidance on Nature Transition Planning at COP16
October 27, 2024
The Taskforce on Nature-related Financial Disclosures has published a discussion paper setting out draft guidance on nature transition planning for corporates and financial institutions developing and disclosing a transition plan in line with the TNFD recommended disclosures. The TNFD explains that delivering the transition implied by the Kunming-Montreal Global Biodiversity Framework (GBF) requires significant changes to business practices across all sectors. The guidance covers all aspects of nature apart from climate change and greenhouse gas emissions as drivers of nature loss, and natural carbon stocks. The TNFD explains that transition planning for these topics is covered in guidance from organizations such as GFANZ.
Key focus areas of the discussion paper are: (i) a definition of a nature transition plan; (ii) an overview of related initiatives; (iii) guidance on what a nature transition plan should include; (iv) guidance on how a plan should be presented and disclosed; and (v) areas of further work needed to support development and assessment of nature transition plans. TNFD aims for the discussion paper to inform the development of TNFD guidance on the content and disclosure of nature transition plans, stimulate further work and collaboration to support nature transition plans including on transition pathways and transition finance categories and encourage organizations to pilot test the TNFD draft guidance. The deadline for comments is February 1, 2025 and the Taskforce plans to publish final TNFD guidance on nature transition plans in 2025. -
Delegated Regulation on Regulatory Technical Standards under Revised European Long-Term Investment Funds Regulation Published in Official Journal of the European Union
October 25, 2024
Commission Delegated Regulation (EU) 2024/2759 supplementing the European Long-Term Investment Funds Regulation with regard to certain regulatory technical standards was published in the Official Journal of the European Union. It covers RTS on circumstances in which the use of financial derivative instruments for hedging purposes is considered as solely serving the purpose of hedging the risks inherent to the investments of the ELTIF, the requirements for an ELTIF's redemption policy and liquidity management tools, the circumstances for the matching of transfer requests of units or shares of the ELTIF, certain criteria for the disposal of ELTIF assets, and certain elements of the costs disclosure. The Delegated Regulation entered into force on October 26, 2024, the day after its publication in the Official Journal.Topic : Funds -
Outcomes from Financial Action Taskforce Plenary: October 2024
October 25, 2024
The Financial Action Taskforce has published the outcomes from its plenary meeting, which took place between October 23 and 25, 2024. Outcomes include:- the approval of the last two assessment reports in the FATF's fourth cycle of assessments. FATF will now focus on its new round which will deliver more focused, risk-based mutual evaluations;
- the release for public consultation of proposed revisions to the standards related to FATF's ongoing focus on financial inclusion (see update above). FATF also approved new guidance on national risk assessments to support countries to understand the illicit finance risks they face;
- discussing standards changes related to cross-border payment systems and progressing work to identify the latest terrorist financing and proliferation financing risks. FATF also commenced a project to review its processes to ensure that countries do not misuse the FATF requirements to restrict the activities of non-profit organizations;
- reporting on the value of the horizontal review of designated non-financial businesses and professional compliance related to corruption to support necessary reforms. FATF decided to continue discussing follow-up on this issue at its next meeting; and
- taking stock of actions taken to improve gender diversity in the FATF, discussing further proposals to strengthen this work. FATF plans to launch a second mentoring program to strengthen inclusivity and diversity within the FATF and Global Network, building on the WFGN initiative under the Singapore Presidency. The next FATF plenary will be held in February 2025.
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Outcomes from Financial Action Taskforce Plenary: October 2024
October 25, 2024
The Financial Action Taskforce has published the outcomes from its plenary meeting, which took place between October 23 and 25, 2024. Outcomes include:- the approval of the last two assessment reports in the FATF's fourth cycle of assessments. FATF will now focus on its new round which will deliver more focused, risk-based mutual evaluations; the release for public consultation of proposed revisions to the standards related to FATF's ongoing focus on financial inclusion (see update above). FATF also approved new guidance on national risk assessments to support countries to understand the illicit finance risks they face; discussing standards changes related to cross-border payment systems and progressing work to identify the latest terrorist financing and proliferation financing risks. FATF also commenced a project to review its processes to ensure that countries do not misuse the FATF requirements to restrict the activities of non-profit organizations; reporting on the value of the horizontal review of designated non-financial businesses and professional compliance related to corruption to support necessary reforms. FATF decided to continue discussing follow-up on this issue at its next meeting; and< taking stock of actions taken to improve gender diversity in the FATF, discussing further proposals to strengthen this work. FATF plans to launch a second mentoring program to strengthen inclusivity and diversity within the FATF and Global Network, building on the WFGN initiative under the Singapore Presidency. The next FATF plenary will be held in February 2025.
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UK Financial Conduct Authority Publishes Portfolio Letters Setting Out Key Concerns and Priorities for 2025
October 25, 2024
The U.K. Financial Conduct Authority has published a series of portfolio letters it has sent to: (i) lifetime mortgage providers, which includes firms that provide lifetime mortgages, home reversion and later life lending products; (ii) non-bank mortgage lenders and mortgage third-party administrators; (iii) retail banks; and (iv) building societies, in each case setting out its key concerns and priorities in respect of each such portfolio in 2025.
The letters explain that the FCA plans to engage with relevant firms on their cultures and controls, focusing on the following consistent priority areas: (a) the Consumer Duty and for non-bank mortgage lenders, mortgage third-party administrators, retail banks and building societies, the treatment of customers in financial difficulty; (b) financial resilience (for non-dual regulated firms); (c) operational resilience; (d) financial crime and fraud; and (e) sustainable finance. For retail banks and building societies, the FCA identifies access as an additional priority; as firms transform their channels, products and services, it is vital that consumers are not unreasonably or unlawfully excluded from payment accounts and banking services.
Read more.Topic : Consumer Protection -
FCA Financial Promotions Quarterly Data 2024 Q3
October 25, 2024
The U.K. Financial Conduct Authority has published its financial promotions quarterly data for Q3 2024. The FCA summarizes the data collected between July 1 and September 30, 2024 and the action it took against firms breaching financial promotion rules, and referrals and investigations into unregulated activity. The FCA also shows where it is working to improve standards across the market so that consumers are provided with clear and fair financial promotions which are not misleading.
Key messages include:- the FCA's interventions in Q3 resulted in 10,593 promotions being amended or withdrawn by authorized firms, including one firm who withdrew 6,792 promotions, many of which were historical promotions withdrawn as a precaution;
- the FCA issued 552 alerts on unauthorized firms and individuals, 12% of which were clone scams;
- the cryptoasset financial promotions regime came into force on October 8, 2023 and has now been live for a year. Over the last year the FCA has issued 1,702 consumer alerts about illegal crypto promotions, which has resulted in the take down of over 900 scam crypto websites and the removal of 56 apps from U.K. apps stores. The FCA are continuing to work with social media companies to remove and block illegal content on their platforms; and
- the FCA is actively engaging with firms who appear to be providing and advertising unauthorized debt advice and debt solutions to consumers via online promotions. The FCA continues to observe trends of aggressive sponsored promotions placed by unauthorized firms, particularly through TikTok and paid-for Google advertisements.