In this issue: this month's roundup of developments affecting banks, wealth managers, brokers and funds saw the passing of a legislative package delaying the implementation of MiFID 2, delegated legislation published in relation to the Market Abuse Regulation, and the publication of a post implementation review of the UCITS Regulations 2011 by the Treasury.
General Developments
- Top 10 Brexit Myths for Financial Services Firms
- Memorandum of understanding with FSB of South Africa published by ESMA
- OJ publishes Benchmarks Regulation
- ESMA chair gives speech on issues relating to availability of collateral and reporting of repos
- CEMMI revises documents for evolution of EURIBOR
- Investment and savings industry unite to solve diversity levels
- Responses: CPMI and IOSCO consultation on cyber resilience guidance for FMIs
- ESMA 2015 annual report
- ESMA updates list of third-country central counterparties list
- FCA board minutes discussing Europe and retail investment
- Order duplication and liquidity measurement in EU equity markets – ESMA Economic Report
- ESMA discussion paper on distributed ledger technology
EMIR & Derivatives
- Delay in adopting draft RTS – concern expressed by ESAs
- MiFIR supplemented by regulations on RTS obligation to clear derivatives traded on regulated markets and timing of acceptance for clearing
- Concerns raised by ISDA over timetable for introducing global margining framework for non-cleared derivatives
- Delegated Regulation on RTS on clearing obligation under EMIR adopted
- Implementing Regulation extending transitional periods related to own fund requirements for CCP exposures published
- ESMA and CFTC sign MoU
- Q&A on EMIR implementation updated by ESMA
Disputes & Enforcement
- Five charged by the FCA in alleged investment fraud
- FCA final notice - breaches of PRIN 4, COND and INPRU-INV
- FCA final notice - breaches of FIT
Funds
- Post implementation review of UCITS Regulations 2011 published by HM Treasury
- ESMA Discussion Paper on UCITS: responses published
- FSB proposes policy recommendations to address structural vulnerabilities from asset management activities that could lead to financial instability
- COREPER agrees Council of EU's negotiating mandate on MMF Regulation
- ESMA final report - Draft RTS under ELTIF Regulation
- Q&A on the application of AIFMD updated by ESMA
- FCA carries out spot checks at UK fund managers
- IMA publishes monthly statistics
- ESMA Q&A on application of EuVECA and EuSEF regulations updated
Investments & Investment Services
- Package delaying application of MiFID II published
- EC adopts Delegated Regulation supplementing Regulation on key information documents
- Delegated Regulation on RTS supplementing the MiFID II Directive
- Corrigendum to MiFIR published by the Council of the EU
- Investment Association launches new sector to accommodate outcome-based funds
- EC Delegated Regulation on RTS relating to maintenance of relevant data regarding orders in financial instruments adopted
- EC Delegated Regulation on RTS relating to clearing access in respect of trading venues and central counterparties adopted
- Corrigendum to MiFID II Directive published by Council of EU
- Steven Maijoor gives speech on CCP Recovery and Resolution
- ESMA - Waivers from pre-trade transparency requirements document updated
- Steven Maijoor gives MiFID II speech
- Delegated Regulation on RTS for market-making agreements and schemes supplementing MiFID II adopted
- Delegated Regulation on RTS on effect of derivative contracts within the EU and prevention of evasions of rules and obligations supplementing MiFIR adopted
- Delegated Regulation on RTS on volume cap mechanism and provision of information for the purposes of transparency and other calculations supplementing MiFIR adopted
- Delegated Regulations on RTS relating to execution venues under MiFID II adopted by the Commission
- Delegated Regulation on RTS for level of accuracy of business clocks under MiFID II adopted
- Delegated Regulation on RTS on requirements to ensure fair and non-discriminatory co-location services and fee structures adopted
- Commission adopts Delegated Regulation on RTS on data reporting services providers
- Commission consultation paper on cross-border distribution of investment funds
- Commission adopts Delegated Regulation on RTS on access to benchmarks
- Commission adopts Delegated Regulation on RTS on offering data
- ESMA statement clarifying MiFID requirements when selling bail-in securities
- Regulation extending exemptions for commodity dealers under CRR adopted
- ESMA opinion - draft RTS on criteria for establishing when an activity is to be considered ancillary to the main business under MiFID II
Market Conduct
- FMSB publishes draft standard for wholesale FICC markets
- End of term report from ESMA's SMSG
- ICSA, GC100 & QCA guidance: MAR - Dealing code and policy documents
- Guidance on the application of REMIT updated by ACER
- ESMA rejects European Commission amendments to ITS on public disclosure of inside information
- Delegated Regulation on RTS on abusive practices or suspicious orders or transactions under MAR
- Delegated Regulation on RTS on presentation of investment recommendations and disclosure of conflicts of interest under MAR
- European Commission writes to ESMA on draft ITS under MAR
- European Delegated Regulations under MAR published
- Law Society and CLLS publish joint letter to EC on implementation of MAR
- ESMA publishes responses on MAR guidelines
- ESMA Q&A – Market Abuse Regulation