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US Consumer Financial Protection Bureau Director to Step Down
11/15/2017
US Consumer Financial Protection Bureau Director Richard Cordray sent a memo to his staff announcing that he plans to leave his position by the end of the month. An interim or permanent successor has not yet been named although it has been widely reported that President Trump is considering naming OMB Director Mick Mulvaney as interim CFPB Director.Topic: Other Developments -
US Financial Crimes Enforcement Network Names Kenneth Blanco Director
11/08/2017
The US Department of the Treasury announced Kenneth A. Blanco as Director of FinCEN, a bureau in Treasury’s Office of Terrorism and Financial Intelligence. Blanco has 28 years of prosecutorial service, most recently serving as acting assistant attorney general of the US Department of Justice Criminal Division. FinCEN has been led by an acting director since Jennifer Shasky Calvery stepped down in May 2016. Blanco is expected to transition to his new role within the next month.
Topic: Other Developments -
Federal Reserve Bank of New York President Announces Retirement
11/06/2017
The US Federal Reserve Bank of New York announced that President and Chief Executive Officer William C. Dudley plans to retire in mid-2018, to ensure that a successor is appointed before his term ends in January 2019. Dudley joined the FRBNY in 2007 as executive vice president and head of the Markets Group, and was named the 10th president and CEO of the FRBNY on January 27, 2009. He was appointed for his first full term as president and CEO in 2011 and reappointed in 2016. The President of the FRBNY is limited to a ten-year term, and contemporaneously serves as Vice Chairman of the Federal Reserve’s top policy-making body, the Federal Open Market Committee.Topic: Other Developments -
Head of US Office of Financial Research Richard Berner to Step Down
11/06/2017
US Treasury Secretary Steven Mnuchin announced that Richard Berner, director of the Office of Financial Research, will step down effective December 31, 2017, one year ahead of the expiration of his term. Berner was the first director of the agency, which was created by the Dodd-Frank Act with the mission of collecting and analyzing data across financial agency jurisdictions. Berner was confirmed by the Senate on January 1, 2013, for a six-year term. Berner’s successor has not yet been named.Topic: Other Developments -
Randal K. Quarles sworn in as member of the Board of Governors of the Federal Reserve System and as Vice Chair for Supervision
11/06/2017
Randal K. Quarles was ceremonially sworn in as a member of the Board of Governors of the Federal Reserve System and as Vice Chair for Supervision. Following confirmation by the Senate, Vice Chair Quarles took office on October 13, 2017, to fill an unexpired term ending on January 31, 2018. His term as Vice Chair for Supervision ends on October 13, 2021.Topic: Other Developments -
UK Court of Appeal Grants ENRC Permission to Appeal Widely Criticised Privilege Ruling - and Law Society Seeks to Intervene
10/11/2017
On October 11, 2017, Eurasian Natural Resources Corporation was granted permission by the Court of Appeal to appeal the High Court's ruling articulating a significant restriction on the scope of legal professional privilege (in particular, litigation privilege). The Law Society of England & Wales - which has expressed concern about the High Court's ruling and its implication for when and how companies and their employees are protected by privilege - has since announced that it has applied to the Court for permission to intervene in the appeal.
Although the ENRC case was brought by the UK Serious Fraud Office, the High Court's ruling - and the future decision by the Court of Appeal - will impact upon the way investigations are conducted in the context of (prospective) criminal prosecutions by the UK Financial Conduct Authority as well.
Read more.Topic: Other Developments -
European Commission Legislative Proposals for Enhanced Powers for European Supervisory Authorities and the European Systemic Risk Board09/20/2017
The European Commission has published legislative proposals designed to strengthen and further integrate the supervisory framework of the European Union. The proposals build on contributions to the Commission's public consultation in autumn 2016 on the European Systemic Risk Board and its public consultation in spring 2017 on the European Supervisory Authorities – the European Banking Authority, the European Securities and Markets Authority and the European Insurance and Occupational Pensions Authority.
Read more. -
European Commission Launches Consultation on Further Reducing Barriers to Post-Trade Services
08/23/2017
The European Commission has launched a consultation seeking views about the current state of post-trade markets, the main trends and challenges faced by post-trade services providers and their users, the existence and scale of remaining or new barriers to post-trade services used in financial transactions, the risks associated with such barriers and the best ways to address them.
Alongside the consultation, the Commission has published the report of the European Post-Trade Forum (EPTF), an expert group established by the Commission in early 2016 to assess the evolution of the EU post-trade landscape and the progress made in removing the "Giovannini barriers" to post-trade services. The EPTF report identifies those Giovannini barriers that have been successfully addressed since 2001 but cites further barriers that have arisen due to technological and market developments in the intervening fifteen years, in particular developments in derivatives markets, securities finance activities, collateral management and post-trade reporting.
The Commission consultation seeks stakeholders' views on a wide ranging set of questions, including: the relative importance of trends in post-trade in the EU; technological advances (such as distributed ledger technology and other FinTech developments); financial stability concerns arising from the susceptibility of post-trade areas to systemic risk; the means by which EU post-trade markets could become more attractive internationally; the near and longer term strategy for EU post-trade services and the challenges the markets are likely to face.
Read more.Topic: Other Developments -
European Securities and Markets Authority Consults on Guidelines on Internalised Settlement Reporting Under the Central Securities Depositaries Regulation
07/10/2017
The European Securities Markets Authority has published a consultation on proposed guidelines to ensure common, uniform and consistent application of the provisions of the Central Securities Depositaries Regulation that apply to internalized settlement reporting and to the exchange of information between ESMA and national regulators.
Read more. -
G20 Leaders Outline Action Plan Following Hamburg Summit
07/08/2017
The G20 Leaders met in Hamburg, Germany on July 7-8, 2017 and have published a Leaders' Declaration and an Action Plan setting out the G20's strategy for achieving strong, sustainable, balanced and inclusive growth. The Action Plan includes ongoing and planned work on financial sector regulation and development.
Read more. -
President Trump Re-Nominates Brian Quintenz to CFTC
05/12/2017
On May 12, 2017, President Trump re-nominated Brian Quintenz to serve as CFTC Commissioner for the remainder of a five-year term expiring April 13, 2020. Mr. Quintenz was previously nominated by President Obama but his nomination was not confirmed by the Senate.
View press release.
Topic: Other Developments -
President Trump Makes Several Appointments and Nominations to Administration Posts
05/10/2017
President Trump nominated David Kautter to serve as Assistant Secretary of the Treasury for Tax Policy. Mr. Kautter currently serves as Partner-in-Charge of the Washington National Tax practice for RSM, an audit, tax and consulting services firm.
View press release.Topic: Other Developments -
US Securities and Exchange Commission Names Director of Division of Corporate Finance
05/09/2017
The US Securities and Exchange Commission announced the appointment of William H. Hinman as director of the Division of Corporation Finance.
View press release.
Topic: Other Developments -
US House Financial Services Committee Chairman Releases Changes in Choice Act
04/26/2017
US House of Representatives Financial Services Committee Chairman Jeb Hensarling (R-TX) introduced a modified version of the financial regulatory reform legislation that he introduced in the last Congress. Among other things, the new CHOICE 2.0 includes certain stress test reforms
Read more.Topic: Other Developments -
President Trump Issues Financial Regulatory Directives
04/21/2017
President Trump issued two new directives to Treasury Secretary Mnuchin, aimed at revising federal regulations. The directives ordered Secretary Mnuchin to conduct reviews of and report back within 180 days regarding the FDIC’s Orderly Liquidation Authority, which was granted to the US Federal Deposit Insurance Corporation under Dodd-Frank, and the ability of the US Financial Stability Oversight Council to designate nonbank financial firms as systematically important financial institutions and subject to Federal Reserve oversight. Contemporaneously, the President also issued an Executive Order directing Secretary Mnuchin to examine whether any significant tax rules issued on or after January 1, 2016 would impose an undue financial burden on US taxpayers, add undue complexity to the Federal tax laws, or cause the Internal Revenue Service to exceed its statutory authority.
Topic: Other Developments -
President Trump Nominates Ex-Im Bank President and Member of Board of Directors
04/14/2017
President Trump nominated former New Jersey Congressman Scott Garrett to be President of the Export-Import Bank for a term of four years expiring January 20, 2021. The President also nominated former Congressman Spencer Bachus of Alabama to be a Member of the Ex-Im Bank’s Board of Directors for a term of four years expiring January 20, 2019.
View the White House press release.Topic: Other Developments -
CFTC Announces Director of the Office of Legislative Affairs
04/12/2017
The US CFTC announced that N. Charles Thornton III has been named the CFTC’s Director of the Office of Legislative Affairs. Mr. Thornton will assume his duties on April 17, 2017.
View the CFTC press release.Topic: Other Developments -
European Commission Consults on Conflicts of Law Rules for Securities Ownership
04/07/2017
The European Commission has published a consultation paper on conflicts of law rules for securities ownership, addressing so-called third party effects of transactions in securities and claims. The consultation relates to the Commission's Capital Markets Union and the objective of creating a single market for capital by facilitating cross-border investment.
Read more. -
US Commodity Futures Trading Commission Appoints First Chief Market Intelligence Officer
04/03/2017
The US Commodity Futures Trading Commission announced that Andrew B. Busch had been named the CFTC’s first Chief Market Intelligence Officer. In a speech announcing the appointment, Acting CFTC Chairman J. Christopher Giancarlo stated that the new CMIO’s role will be to activate the CFTC’s capability for market intelligence, in order to understand, analyze and communicate dynamics in the derivatives market.
View press release announcing the appointment.Topic: Other Developments -
US Commodity Futures Trading Commission Appoints Head of Enforcement and New Chief Market Intelligence Officer
03/30/2017
US Commodity Futures Trading Commission Acting Chairman J. Christopher Giancarlo announced the appointment of federal prosecutor James McDonald as the agency’s new Director of Enforcement. Mr. McDonald, who was most recently a prosecutor in the U.S. Attorney's Office for the Southern District of New York, will assume his duties at the agency on April 10, 2017. On April 3, 2017, Acting Chairman Giancarlo announced that Andrew Busch has been named the CFTC’s first Chief Market Intelligence Officer, responsible for harnessing the CFTC’s market intelligence capabilities and, combined with industry and policy maker outreach, identifying and communicating emerging trends in the commodity futures markets and reporting directly to the CFTC Chairman.
Topic: Other Developments -
Prime Minster Theresa May Triggers Article 50 Brexit Negotiations
03/29/2017
UK Prime Minster Theresa May formally notified the European Council of the UK's intention to withdraw from the European Union in accordance with requirements set out in Article 50 of the Treaty on the European Union. Prime Minister May sent a letter to the President of the Council, Donald Tusk, which sets out the approach the UK Government seeks to take in discussing its exit from the European Union over the next two years.
View the letter.
You might like to view our Brexit resource page, which is available here. -
European Securities and Markets Authority Publishes Research Report on EU Securities Financing Transactions and Haircuts
03/27/2017
The European Securities and Markets Authority has published a research Report on securities financing transactions in the European Union and the use of collateral haircuts by firms. The purpose of ESMA's research is to outline the current level and calculation methodologies of haircuts used in the EU by SFT market participants with the overall aim of informing future discussions in the context of global regulatory policy.
Read more. -
US Federal Reserve System Publishes Annual Financial Statements
03/24/2017
The US Federal Reserve System released the 2016 combined annual audited financial statements for the Federal Reserve Banks, as well as statements for the 12 individual Federal Reserve Banks and the Board of Governors. An independent auditing firm engaged by the Federal Reserve Board has issued unqualified opinions on the financial statements and on the Federal Reserve Board’s and the Federal Reserve Banks’ internal controls over financial reporting.
The audited financial statements provide a significant amount of information about the assets, liabilities and earnings of the Federal Reserve Banks and the Federal Reserve Board as of December 31, 2016, including information about the composition, fair value and earnings related to the $4.4 trillion of US Treasury securities, government-sponsored enterprise (GSE) debt securities and federal agency and GSE mortgage-backed securities acquired through open market operations.
View The Federal Reserve System financial statements.Topic: Other Developments -
UK Regulator Appoints New Non-Executive Director
03/21/2017
The Financial Conduct Authority has issued a press release announcing that Nick Stace had been appointed as a Non-Executive Director Board Member. Mr. Stace commenced his initial three-year term on April 1, 2017. Mr. Stace is also Chief Executive of the Royal College of Veterinary Surgeons.
View the press release.Topic: Other Developments -
G20 Leaders Publish Communique
03/18/2017
The G20 Leaders have published a Communique from the Summit held in Germany. The G20 Leaders reiterated their commitment to finalizing the remaining elements of the financial sector reform agenda and to conducting a post-implementation evaluation of the reforms. The G20 Leaders have endorsed the Financial Stability Board's recommendations to address structural vulnerabilities arising from asset management activities and have asked the International Organization of Securities Commissions to prepare measures for timely implementation of those recommendations. Monitoring of those risks is to continue and, for the July 2017 Summit, the FSB is to assess the adequacy of monitoring and policy tools to address risks from shadow banking and to consider whether any further policy is needed. The G20 Leaders have called on their members to complete their implementation of the OTC derivatives reforms. The FSB is due to review the implementation and effects of these reforms.
Read more.Topic: Other Developments -
President Trump Makes Key Treasury Nominations
03/14/2017
President Trump made several nominations for key posts in the US Department of Treasury. Specifically, President Trump nominated James Donovan as Deputy Secretary of the Treasury and David Malpass to serve as Under Secretary for International Affairs. Sigal Mandelker was nominated as Under Secretary for Terrorism and Financial Intelligence. Brent James McIntosh was nominated to serve as General Counsel to the Treasury, and Adam Lerrick was nominated as Deputy Under Secretary for International Finance.
View the White House press release on the nominations.Topic: Other Developments -
President Trump Nominates J. Christopher Giancarlo as Chairman of the US Commodity Futures Trading Commission
03/14/2017
President Donald J. Trump nominated J. Christopher Giancarlo to serve as Chairman of the US Commodity Futures Trading Commission. The nomination of Mr. Giancarlo, who has been a Commissioner of the CFTC since 2014 and has been serving as acting CFTC Chairman since January 20, 2017, was widely expected. In speeches at various industry conferences, Acting Chairman Giancarlo has detailed his agenda for the CFTC, calling for reinterpretation of the CFTC’s regulatory mission to pursue the core goals of (i) fostering economic growth, (ii) enhancing U.S. financial markets and (iii) “right-sizing” its regulatory footprint. In pursuit of these goals, the agenda calls for an agency-wide review of CFTC rules, regulations and practices in order to make them simpler and less burdensome. In addition, the agenda advocates revising the swaps trading rules in order to allow market participants to have greater flexibility in choosing the manner of trade execution. In his remarks, Acting Chairman Giancarlo also called for greater engagement by the CFTC with its overseas regulatory counterparts on the basis of “cross-border comity, not uniformity.”
View the text of the speech.Topic: Other Developments -
Bank of England Deputy Governor for Markets & Banking and Chief Operating Officer Resigns
03/13/2017
Charlotte Hogg has formally offered her resignation to the Bank of England, which was publicly accepted on March 14, 2017. Ms. Hogg held the positions of both Deputy Governor Markets & Banking and Chief Operating Officer. She joined the Bank in 2013 and assumed the additional position of Deputy Governor on March 1, 2017. Ms. Hogg's resignation follows information being made public through hearings of the House of Commons Treasury Select Committee noting that Ms. Hogg failed to correctly disclose a conflict of interest relating to her brother holding a senior executive position at Barclays. As a consequence, during Ms. Hogg's tenure she was not compliant with the Bank's Code of Conduct which Ms. Hogg had assisted in drafting. The Treasury Select Committee has also announced that the Bank is reconfiguring reporting lines and internal structures with a view to safeguarding the governance of the Bank's Code of Conduct, Compliance and disciplinary processes.
View the letter of resignation.
View the Bank of England's response.
View the Treasury Committee second report on the appointment of Ms. Hogg.
Topic: Other Developments -
President Trump Meets with Community Bankers
03/09/2017
President Trump met with community bankers at a National Economic Council "listening session" at the White House. President Trump discussed the February 3, 2017 Executive Order, “Core Principles for Regulating the United States Financial System,” and how excessive regulation is threatening US community banking. According to a White House readout, President Trump promised to work to tailor the nation’s regulatory framework so that it accounts for the unique challenges faced by community banks.
Following the meeting, US House Financial Services Committee Chairman Jeb Hensarling released a statement noting that it is “encouraging to have a president who is listening to the concerns of community bankers who have been buried under an avalanche of burdensome regulations as a result of Dodd-Frank. Republicans on the Financial Services Committee are eager to work with the President and his administration this year to fulfill the pledge to dismantle Dodd-Frank and unclog the arteries of our financial system so the lifeblood of capital can flow more freely and create jobs.”
Read the White House readout.
Read the Statement from Representative Hensarling.Topic: Other Developments -
US Commodity Futures Trading Commission Announces Daniel J. Davis as General Counsel
03/06/2017
The CFTC announced that Daniel J. Davis has been named the agency’s General Counsel, effective immediately.
View the CFTC press release.Topic: Other Developments -
US Commodity Futures Trading Commission Announces Daniel J. Davis as General Counsel
03/06/2017
The CFTC announced that Daniel J. Davis has been named the agency’s General Counsel, effective immediately.
View the CFTC press release.Topic: Other Developments -
European Commission Launches Portal for Better Regulation
03/06/2017
The European Commission launched a new portal through which feedback can be provided on proposed EU legislation and initiatives. The portal is part of the Commission’s Better Regulation agenda. The portal is intended to provide individuals and stakeholders with the opportunity to provide input on new EU legislation from the preparation phase through to proposals for new laws and evaluations of how existing laws are performing.
View the European Commission’s portal.
Topic: Other Developments -
European Commission Requests Technical Advice for Prospectus Regulation Implementation
03/02/2017
The European Commission has published a request to the European Securities and Markets Authority for technical advice on possible delegated acts under the Prospectus Regulation. The Prospectus Regulation has been agreed but is yet to be published in the Official Journal of the European Union. It will enter into force 20 days after publication and apply two years after publication - currently expected to be June 2019. The Prospectus Regulation will replace the existing Prospectus Directive and sets out the requirements for a prospectus to be published when securities are offered to the public or admitted to trading on a regulated market. The Prospectus Regulation aims to simplify the rules and administrative obligations for companies wishing to issue shares or debt on the market and reducing the costs of preparing a prospectus, thus fostering cross-border investments in the single market, while at the same time still enabling investors to make informed investment decisions.
Read more. -
Ann Misback Appointed New Secretary of the US Federal Reserve Board
03/01/2017
The US Federal Reserve Board announced the appointment of Ann Misback as its Secretary, effective April 2, 2017. The Office of the Secretary supports the Federal Reserve Board by providing essential corporate secretary services, including the planning and execution of Federal Reserve Board meetings, as well as related support services.
Ms. Misback succeeds Robert deV. Frierson, who has served as Secretary since July 2012.
View the Federal Reserve Board press release.Topic: Other Developments -
US Department of Labor Proposes Extension to Fiduciary Rule Applicability Date
03/01/2017
The US Department of Labor proposed to extend the applicability dates of the fiduciary rule and related exemptions, including the Best Interest Contract Exemption, from April 10, 2017 to June 9, 2017.
Read more.
Topic: Other Developments -
US Securities and Exchange Commission Approves Rules to Ease Investor Access to Exhibits in Company Filings
03/01/2017
The SEC adopted rule and form amendments to make it easier for investors and other market participants to find and access exhibits in registration statements and periodic reports that were originally provided in previous filings. The final rules will take effect on September 1, 2017.
The amendments will require issuers to include a hyperlink to each exhibit in the filing’s exhibit index. Currently, someone seeking to retrieve and access an exhibit that has been incorporated by reference must review the exhibit index to determine the filing in which the exhibit is included, and then must search through the registrant’s filings to locate the relevant filing.
View the final rule.Topic: Other Developments -
US Securities and Exchange Commission Seeks Public Comment on Possible Change to Industry Guide 3 – Statistical Disclosure by Bank Holding Companies
03/01/2017
The SEC published a request for public comment on disclosures called for by Industry Guide 3 - Statistical Disclosure by Bank Holding Companies. Stating that the financial services industry has changed drastically since Guide 3 was originally published, the SEC is soliciting public input on whether Guide 3 continues to elicit the information that investors need for informed investment and voting decisions. The SEC also seeks comment on whether there are new types of disclosures about the activities of bank holding companies that investors would find important.
The request for comment is published on the SEC website and in the Federal Register. The comment period will remain open until May 8, 2017.
View the request for comment.Topic: Other Developments -
European Commission Publishes White Paper on the Future of Europe
03/01/2017
The European Commission published a White Paper on the future of Europe. The White Paper outlines possible drivers of change and scenarios in which the current 27 member states could evolve by 2025. The White Paper reviews possible changes that could occur over the next decade, such as the impacts of new technologies on societies and jobs, doubts about globalization, security concerns and the rise of populism. The White Paper outlines a non-exhaustive list of five possible scenarios by which the EU could evolve, entitled: (i) Carrying On; (ii) Nothing But the Single Market; (iii) Those Who Want More Do More: (iv) Doing Less More Efficiently; and (v) Doing Much More Together. The White Paper forms part of the Commission’s contribution to the Rome Summit. Following the Summit, the Commission, the European Parliament and interested Member States will host a series of “Future of Europe Debates” across Europe.
View the press release.
View the Annex summarizing the scenarios.
View the White Paper.
Topic: Other Developments -
Financial Conduct Authority Proposes Changes to UK Equity IPO Process
03/01/2017
The Financial Conduct Authority launched a consultation on proposed changes to the availability of information in the UK equity IPO process. The consultation follows the discussion paper published by the FCA in April 2016. The FCA's view is that diverse and independent information is not available early enough in the IPO process. To address this issue, the FCA is proposing to amend the order in which the approved prospectus and connected research is made available to investors and to ensure that analysts from firms not supporting the IPO are provided with access to the issuer's management. In particular, the FCA is proposing that an approved prospectus or registration be published and unconnected analysts have access to the issuer's management before any connected research is released. In addition, the FCA is proposing to clarify, through supplemental guidance, that it would regard any interaction between analysts and issuers or their representatives to be participation in investment banking pitching efforts until the firm has accepted a mandate to carry out underwriting or placing services for the issuer and the firm's position in the syndicate has been determined.
The consultation closes on June 1, 2017. The FCA expects to publish a policy statement setting out the final changes, if any, before the end of 2017.
View the consultation paper.
View the discussion paper. -
UK Regulator Concerned that Loan-Based Crowdfunding Platforms may be Facilitating Loans to Lending Business that are not Properly Authorized
02/28/2017
The Financial Conduct Authority has published a letter addressed to the CEOs of firms operating a loan-based crowdfunding platform about concerns that the platforms may be facilitating loans to lending businesses that do not have the requisite regulatory permissions. According to the FCA, a lending business that borrows through a platform and then lends that money to others may be carrying on the regulatory activity of "accepting deposits". If the lending business does not have the regulatory permission to accept deposits, it would be in breach of UK legislation and may be committing a criminal offense. The FCA's view is that a loan-based crowdfunding platform that facilitates this type of behaviour is "acting in a manner inconsistent with [the FCA's] expectations for regulated firms" and may be in breach of regulatory requirements, in particular, breaching the FCA's Principles on treating customers fairly, the threshold conditions and business model requirements. Firms operating loan-based crowdfunding platforms have been asked to assess whether they are facilitating the relevant behaviour, and if so, to desist and consider the appropriate steps that should be taken to avoid facilitating such actions in the future. The FCA also requests the CEOs provide, by March 6, 2017, the details of the firms that they have concluded are accepting deposits without the requisite permission.
View the FCA's letter.Topic: Other Developments -
White House Withdraws Pair of Obama Administration Nominees for the Commodity Futures Trading Commission
02/28/2017
The White House withdrew the nominations of Brian Quintenz and Christopher Brummer to be commissioners of the US CFTC. The CFTC is currently operating with two commissioners. The full Commission consists of five commissioners appointed by the President, with the advice and consent of the Senate, to serve staggered five-year terms.
View the US Senate website noting the nominations withdrawn.Topic: Other Developments -
UK Definition of "Financial Advice" Set to Change from 2018
02/27/2017
HM Treasury published its response to its late 2016 consultation on amending the definition of regulated advice under the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 to bring it in line with the definition of "investment advice" set out in the Markets in Financial Instruments Directive. HMT is proceeding with the change as consulted on and will lay draft legislation before Parliament to give effect to the change. The Financial Conduct Authority published a statement about the change, setting out what the change will mean for firms advising on investments or providing a personal recommendation.
Read more. -
European Commission Publishes Roadmap for Addressing National Barriers to Capital Flows
02/27/2017
The European Commission published a report on accelerating the Capital Markets Union by addressing national barriers to capital flows. The report is addressed to the European Parliament and the Council of the European Union. It focuses on issues that may impede investors' cross-border operations throughout the investment cycle. The report identifies what it sees as the main barriers to investment and sets out a suggested roadmap for Member States to address these barriers, most of which are actionable in 2017. The issues identified in the report include marketing requirements, administrative arrangements, regulatory fees for cross-border marketing, different approaches to crowdfunding, residence requirements, insufficient financial literacy, differences in insolvency regimes and withholding tax relief. Member States are invited to agree on the actions set out in the roadmap although the Commission may also consider whether any legislative proposals are appropriate.
Member States have also been invited to identify other barriers in CMU-relevant areas, such as national reporting requirements imposed in addition to existing EU legislation, barriers to the online distribution of investment funds, obstacles for smaller institutional investors ineligible for a passport under the Markets in Financial Instruments Directive and challenges involved in the distribution of retail financial products.
View the Commission's report. -
President Trump Signs Executive Order on Regulatory Reform
02/24/2017
President Trump signed the Enforcing the Regulatory Reform Agenda executive order that will establish a task force and regulatory reform officer at each US federal agency, appointed by agency heads. The purpose of these new roles will be to enforce the President’s agenda going forward, including the President’s previous executive order that requires agencies to repeal two rules for every new rule that they issue. The task forces are responsible for reviewing existing regulations within 90 days to determine if any can be repealed or amended.
View the Executive Order.Topic: Other Developments -
US Securities and Exchange Commission Issues Guidance Update and Investor Bulletin on Robo-Advisers
02/23/2017
The US SEC published information and guidance for investors and the financial services industry on the use of robo-advisers, which are registered investment advisers that use computer algorithms to provide investment advisory services online. Because of the unique issues raised by robo-advisers, the SEC’s Division of Investment Management issued a Guidance Update for robo-advisers that contains suggestions for how they can meet their disclosure, suitability and compliance obligations under the Investment Advisers Act of 1940. Robo-advisers, as registered investment advisers, are subject to the substantive and fiduciary obligations of the Advisers Act. The Guidance Update notes that there may be a variety of means for a robo-adviser to meet its obligations to clients under the Advisers Act, and that not all of the issues addressed in the Guidance Update will be applicable to every robo-adviser.
Read more.Topic: Other Developments -
US House Financial Services Committee Chairman Jeb Hensarling Sends Letter to Janet Yellen Regarding New Rulemakings
02/23/2017
US House Financial Services Committee Chairman Jeb Hensarling and the other 33 Republican members of the Committee sent a letter to US Board of Governors of the Federal Reserve System Chair Janet Yellen. Although Chair Yellen had stated in recent testimony that the Federal Reserve Board would abide by President Trump’s January 30, 2017 regulatory freeze, the letter further urged the Chair to refrain from proposing or adopting any new rules, absent an emergency, until the Senate confirms a Vice Chairman for Supervision of the Federal Reserve Board. The letter stated that if the Federal Reserve Board proceeded with adopting rules prior to the confirmation of a Vice Chairman, the lawmakers would work to “ensure that Congress scrutinizes the Federal Reserve’s actions - and, if appropriate, overturns them - pursuant to the Congressional Review Act.”
View the letter.
Topic: Other Developments -
UK Regulator Proposes Changes to UK Listing Rules
02/14/2017
The Financial Conduct Authority has published a consultation paper proposing amendments to the Listing Rules of the FCA's Handbook. The FCA is proposing to, among other matters, (i) clarify the premium listing eligibility requirements and introduce new technical notes and additional guidance to give more context to the rules; (ii) introduce a new concessionary route to premium listing for certain property companies that cannot meet the track record requirements so that a property valuation report may be used to assess the company's eligibility for a premium listing; (iii) introduce new technical notes on the concessionary routes; (iv) amendments to the profit test within the class tests which are used to determine which governance requirements a premium listed issuer must comply with for certain large transactions; and (v) in the context of reverse takeovers, reversing the assumption of insufficient information being available to the market where a target issuer cannot provide that information so that the assumption will be that the market can operate smoothly on the basis of information that listed companies make publicly available as part of their disclosure of inside information requirements under MAR.
The FCA's discussion paper on the review of the effectiveness of the UK primary markets should be read in conjunction with the consultation paper. Responses to the FCA's proposed rule changes are requested by May 14, 2017. The FCA intends to publish its final rules in a Policy Statement in the second half of 2017.
View the consultation paper.
View the discussion paper. -
UK Regulator Launches Review of UK Primary Markets
02/14/2017
The Financial Conduct Authority launched its review into the effectiveness of primary markets by publishing a discussion paper on the UK primary markets landscape. The FCA is seeking views on how the UK primary capital markets can meet the needs of investors and operate effectively. It includes an overview of the UK's primary markets, how the listing regime fits in, the FCA's regulatory role and key trends in the UK's primary equity markets.
Read more. -
Legislation Introduced in the US Congress to Repeal and Reform the Consumer Financial Protection Bureau
02/13/2017
H.R. 1018 was introduced in the US House of Representatives which would alter the current governance structure of the Bureau of Consumer Financial Protection. Like a comparable bill that was introduced in the US Senate (S. 105), H.R. 1018 would replace the role of director of the Bureau with a 5-person commission. Other notable provisions that members of the commission will serve staggered terms, and that no more than 3 members can be from a single political party.
On February 17, 2017, H.R. 1031 was introduced in the US House of Representatives which seeks to repeal the Bureau of Consumer Financial Protection. A corresponding version of the bill, which calls for the Bureau to be eliminated by repealing title X of Dodd-Frank, was introduced in the US Senate (S. 370).
View H.R. 1031.
View H.R. 1018. -
Steven T. Mnuchin Sworn in as US Secretary of Treasury
02/13/2017
Steven T. Mnuchin was sworn in to serve as the 77th Secretary of the US Treasury. In this role, Secretary Mnuchin will be the principal economic advisor to President Trump on domestic and international financial, economic and tax issues. Secretary Mnuchin succeeds Jacob J. Lew, who served in the position under President Obama.
View Treasury’s press release.Topic: Other Developments
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.