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Friday, July 3, 2020



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The Banking Conduct Authority (“FCA”) announced that the borderline for solo-regulated firms to accept undertaken the aboriginal appraisal of the fettle and accordance of their Certified Persons will be delayed from 9 December 2020 until 31 March 2021. 

The FCA appear a statement setting out its expectations to admonition criterion administrators and firms appliance Appointed Representative arrange to administer the Accustomed Persons Administration during the Covid-19 pandemic.



29 June

The European Commission has published a address on the appulse of the Interchange Fees Adjustment for card-based acquittal transactions.



The Corporate Insolvency and Governance Act 2020 (“CIGA 2020”) has acquired Royal Assent.

The FCA appear an updated version of its webpage on changes to authoritative advertisement during the COVID-19 pandemic.

The FCA published Handbook Notice 78, which sets out changes to the FCA Handbook.

Regulation (EU/2020/873) alteration the Basic Requirements Adjustment (EU/575/2013) (“CRR”) and the CRR II (EU/2019/876) as commendations assertive adjustments in acknowledgment to the COVID-19 communicable was appear in the Official Journal of the EU.

The Prudential Authoritative Authority (“PRA”) appear a statement on COVID-19 authoritative advertisement and acknowledgment amendments.

The PRA appear an updated statement on the authoritative analysis of the UK Coronavirus Business Abeyance Loan Arrangement (“CBILS”) and the UK Coronavirus Large Business Abeyance Loan Arrangement (“CLBILS”).

The FCA appear an updated webpage on barter repositories.

IOSCO appear a report (FR06/2020) on acceptable practices on processes for deference.

The FCA adapted its COVID-19 webpage to advertise added delays to some of its planned assignment for 2020 in the ablaze of the COVID-19 pandemic.

A abstract adaptation of the Equivalence Determinations for Banking Casework (Amendment etc) (EU Exit) Regulations 2020 was published.

The Bank of England appear a letter from Andrew Bailey, BoE Governor and Chairman of the Banking Policy Committee (“FPC”), responding to a letter from Rishi Sunak, Chancellor of the Exchequer, on the address and recommendations for the FPC for 2020/21.

The International Organization of Antithesis Commissions (“IOSCO”) appear a consultation document (CR02/2020) on the use of bogus intelligence and apparatus acquirements by bazaar intermediaries and asset managers, which it has articular as a key priority.

Commission Delegated Adjustment (EU/2020/866) was appear in the Official Journal of the EU.

The European Banking Authority (“EBA”) appear two final letters on abstract implementing abstruse standards (“ITS”) on public acknowledgment requirements (EBA/ITS/2020/04) (dated 24 June 2020) and supervisory advertisement requirements (EBA/ITS/2020/05)  for institutions beneath the CRR.

Commission Delegated Adjustment (EU/2020/855), which apology the account of high-risk third countries with cardinal anti-money bed-making (“AML”) and counter-terrorist costs (“CTF”) deficiencies produced beneath Commodity 9(2) of the Fourth Money Bed-making Directive (EU/2015/849) (“MLD4”), was appear in the Official Journal of the EU.

The European Systemic Accident Board (“ESRB”) appear an opinion (dated 12 June 2020) on European Antithesis and Markets Authority’s (“ESMA”) appointment on post-trade accident abridgement casework beneath the EMIR Refit Adjustment (EU/2019/834).

The European Commission appear a speech by Valdis Dombrovskis, European Commissioner for Banking Stability, Banking Casework and Basic Markets Union, on agenda finance.

The Council of the EU appear a press release announcing that it has adopted the proposed Adjustment absolute amendments to the CRR as commendations adjustments in acknowledgment to the COVID-19 pandemic.

PRA appear a statement on the appliance to UK acclaim institutions of the EBA guidelines on advertisement and acknowledgment of exposures accountable to measures activated in acknowledgment to the COVID-19 pandemic.

The FCA adapted its webpage on the High Court analysis case apropos business abeyance insurance.

HM Treasury appear a policy statement on prudential standards in the Banking Casework Bill 2019-21. HM Treasury intends to acquaint the IFPR and adapted prudential standards for acclaim institutions based on CRR II by summer 2021.

The House of Commons appear a written statement, fabricated by Rishi Sunak, Chancellor of the Exchequer, on the UK’s admission to implementing banking casework authoritative reforms afore the end of the Brexit alteration period.

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The Basel Committee on Banking Administration appear a consultation paper on the basic analysis of securitisations of non-performing loans.

The Bank of England has appear a summary and response to bazaar acknowledgment on its February 2020 altercation cardboard on a Sterling Overnight Base Average circuitous index.

The FCA appear a discussion paper on a new UK prudential administration for MiFID advance firms (DP20/2). Please see our update in affiliation to this.

The FCA appear a press release announcing that HM Treasury has appointed Nikhil Rathi as the new abiding Chief Executive of the FCA.

The FCA appear a press release providing admonition on its new abstracts accumulating belvedere for acquisition authoritative abstracts from firms, which will alter the accepted arrangement (“Gabriel”). The FCA has additionally appear a new webpage on the new platform, which is alleged “RegData”.

Regulation (EU) 2020/852 on the enactment of a framework to facilitate acceptable advance and alteration Adjustment (EU/2019/20880) (“Taxonomy Regulation”) was appear in the Official Journal of the EU.

The FCA appear a press release informing businesses that backpack on cryptoasset activity in the UK to annals with it by 30 June 2020.

Council of the EU appear the text of the proposed Adjustment absolute amendments to the CRR as commendations adjustments in acknowledgment to the COVID-19 pandemic.

The European Parliament appear a press release announcing that it has adopted its position at aboriginal account on the proposed Adjustment absolute amendments to the CRR as commendations adjustments in acknowledgment to the COVID-19 pandemic.

The BoE appear its annual address and accounts for 2020. The BoE sets out the afterward cardinal goals for 2020/21 (which were agreed afore the COVID-19 pandemic):

The EBA published final abstract alteration abstruse standards on authorization notification.

The EBA appear a final report on abstract authoritative abstruse standards on the belief to analyze all categories of agents whose able activities accept a actual appulse on the institutions’ accident contour (risk takers).

The PRA appear a Dear CEO letter providing acknowledgment for accepted and activity insurers that alternate in the 2019 allowance accent analysis (“IST 2019”) exercise and the PRA’s added contempo COVID-19 accent test.

The European Parliament appear a press release announcing that it has adopted the proposed Anatomy Adjustment (2018/0178(COD)) on the enactment of a framework to facilitate acceptable investment. The Adjustment will admission into force 20 canicule afterward advertisement in the Official Journal of the EU.

The FCA appear a consultation paper (CP20/8) on authoritative its acting rules on business assertive high-risk investments (including abstract mini-bonds) permanent, and extending them to some agnate securities. The appointment closes on 1 October 2020.

The House of Commons European Union Committee appear a archetype of a letter (dated 28 May 2020) from John Glen, Bread-and-butter Secretary to the Treasury, to Sir William Cash, Committee Chair, on the proposed Anatomy Adjustment on the enactment of a framework to facilitate acceptable investment.

The FCA published final guidance on its expectations for insurers and allowance intermediaries back administration claims and complaints for business allowance behavior during the analysis case.

The FCA adapted its webpage on the High Court analysis case apropos business abeyance insurance.

The European Commission has adopted a White Paper concerning accessible distortive furnishings acquired by adopted subsidies in the EU Distinct Market. The European Commission has now launched a accessible appointment for third affair angle and ascribe from all stakeholders on the options set out in the White Paper. The public consultation, which will be accessible until 23 September 2020, will admonition the European Commission to adapt for adapted aldermanic proposals in this area.

The FCA appear a speech given by Charles Randell, FCA Chair, on accepting a banking arrangement to abutment accretion in the ablaze of the COVID-19 pandemic.

The FCA appear a statement setting out its admission to remedies beneath the complaints arrangement accustomed beneath Allotment 6 of the Banking Casework Act 2012.

The European Commission appear for appointment a draft regulation to supplement the Announcement Adjustment as commendations the minimum admonition agreeable of the certificate to be appear for a announcement absolution in affiliation with a takeover by agency of an barter offer, a alliance or a division. The appointment closes on 14 July 2020.

The FCA and the Acquittal Systems Regulator (“PSR”) appear a statement providing an amend on their collective admission on admission to cash.

The EBA appear a call for input to accept the calibration and drivers of de-risking at EU akin and its appulse on barter as allotment of EBA’s assignment to lead, according and adviser the EU banking sector’s AML and CTF efforts.

ESMA appear a revised assignment programme for 2020. ESMA’s key priorities for 2020 chronicle to implementing new mandates, authoritative convergence, accident assessment, developing the distinct rulebook and absolute supervision.

Estate abettor admiral butterfingers for roles in actionable cartel: The Antagonism and Markets Authority (“CMA”) has secured the awkwardness of two Berkshire acreage abettor admiral afterwards both took allotment in an actionable amount acclimation cartel.

The European Commission appear a consultation, calm with an impact assessment and appeal for acknowledgment on its activity for the enactment of an EU Blooming Band Standard.

The FCA appear an updated webpage on how to address doubtable bazaar corruption as a close or trading venue.

The House of Lords EU Banking Affairs Sub-Committee appear a letter (dated 27 May 2020) from John Glen, Bread-and-butter Secretary to the Treasury, to Lord Sharkey, Chair of the House of Lords EU Banking Affairs Sub-Committee, apropos to the committee’s analysis of banking casework afterwards Brexit.

The European Commission appear a report assessing the appliance and ambit of the AIFMD (EU/2011/61). Key allegation in the address include:

n  the AIFMD has bigger the ecology of risks to the banking arrangement and the cross-border adopting of basic for investments in another assets;

n  the AIFMD has played a role in creating an centralized bazaar for another advance funds (“AIFs”) and reinforcing the authoritative and authoritative framework for another advance armamentarium managers (“AIFMs”) in the EU; and

n  AIFMs are operating with added accuracy for investors and supervisors.

The European Commission appear a set of FAQs about its assignment and that of the EU abstruse able accumulation on acceptable accounts (“TEG”) on anatomy and the EU blooming band standard.

The FCA appear an Insight article on COVID-19, conduct and culture.

The FCA published finalised guidance (FG20/1) ambience out a framework answer the purpose, and its admission to the assessment, of able banking resources, and accouterment added admonition on the acceptation of “adequate banking resources” to all FCA solo-regulated firms accountable to the Threshold Conditions or the Principles for Businesses (or both).

The European Parliament’s Bread-and-butter and Budgetary Affairs Committee (“ECON”) appear a report on the proposed Adjustment absolute amendments to the CRR as commendations adjustments in acknowledgment to the COVID-19 communicable (2020/0066(COD)).

The FCA adapted its webpage on the High Court analysis case apropos business abeyance insurance.

The FCA appear a statement on the government’s abutment amalgamation for debt admonition services. The account relates to an announcement by HM Treasury that an added £37.8 actor abutment amalgamation will be fabricated accessible to debt admonition providers during 2020/2021.

The EBA appear a consultation paper on abstract authoritative abstruse standards (“RTS”) allegorical the prudential analysis of software assets beneath Commodity 36(4) of the CRR. The EBA will authority a accessible audition to altercate the abstract RTS on 23 June 2020. Comments can be fabricated on the abstract RTS until 9 July 2020.

The Bank of England appear a speech by Sir Jon Cunliffe, BoE Deputy Governor Banking Stability, affiliate of the Budgetary Policy Committee, affiliate of the Banking Policy Committee and affiliate of the Prudential Adjustment Committee, on the COVID-19 communicable and banking arrangement resilience.

The FCA published Primary Bazaar Account No. 29. The account includes the final adaptation of a best convenance agenda on identifying, authoritative and admonition central admonition which is aimed at government departments, industry regulators and accessible bodies. It additionally includes a acknowledgment account afterward the appointment on the note. The abstract adaptation of the agenda was included in Primary Bazaar Account No. 25

The ESRB appear a set of accomplishments taken in acknowledgment to the COVID-19 emergency at its amazing affair on 27 May 2020. The ESRB has additionally appear a letter calling for the European Allowance and Occupational Pensions Authority (“EIOPA”) to finalise and operationalise a clamminess ecology framework for the allowance breadth in acknowledgment to the pandemic.

The BoE and the PRA appear a joint statement on the advocacy from the ESRB on the brake of distributions during the COVID-19 pandemic.

The European Commission appear for appointment abstract texts of six Commission Delegated Regulations and Directives as allotment of the EU’s activity plan on acceptable finance. The legislation incorporates sustainability issues and considerations into frameworks for the:

ESMA published final guidelines on assertive aspects of the acquiescence action requirements beneath Commodity 16(2) of the MIFID II (EU/2014/65) and Commodity 22 of Delegated Adjustment (EU/2017/565 (the “MiFID II Delegated Regulation”). The guidelines are addressed to advance firms and acclaim institutions accouterment advance casework and activities, advance firms and acclaim institutions affairs or advising audience in affiliation to structured deposits, UCITS administration companies and AIFMs.

The FCA appear its 28th quarterly consultation paper (CP20/7). CP20/7 invites comments on proposed changes to the FCA Handbook, including to the Compensation sourcebook (“COMP”) and the Consumer Acclaim sourcebook (“CONC”). The borderline for comments on these proposals is 5 July 2020.

The Banking Ombudsman Account (“FOS”) published issue 152 of ombudsman news. Items of absorption include: The FOS’ anniversary complaints abstracts and annotation on trends in complaints, capacity on the FOS’ approaching action and Assets on frauds and scams.

Europol launched its European Banking and Bread-and-butter Abomination Centre (“EFECC”) to accommodate operational abutment to EU affiliate states and EU bodies in combatting banking and bread-and-butter abomination and to advance the analytical use of banking investigations.

The FCA appear a press release on FCA v Skinner and others, breadth the High Court considered, in a case apropos (among added things) aperture of the banking advance brake in breadth 21 of FSMA, the admeasurement to which the facts on which the aperture depends accommodate the actuality that the accordant communications were not accustomed by an authorised person.

The FCA appear a speech by Megan Butler, FCA Executive Administrator of Supervision, Investment, Wholesale and Specialists, on the FCA’s acknowledgment to the COVID-19 communicable and its expectations for 2020 for the abundance administration and admonition industry. Please see our update on this.

The EBA appear a cardinal of appointment affidavit on abstract RTS and abstract ITS apropos to prudential requirements for advance firms beneath the Advance Firms Adjustment (EU/2019/2033) (“IFR”) and the Advance Firms Directive (EU/2019/2034) (“IFD”). These are as follows:

In its roadmap on advance firms, appear on 2 June 2020, the EBA declared that it advised to finalise these RTS by December 2020. The EBA intends for the RTS to administer from June 2021.

The EBA appear a template and instructions for the 2020 EBA abstracts accumulating exercise for advance firms.

ESMA appear a supervisory briefing on the administration by civic competent authorities (“NCAs”) of costs applicative to UCITS and AIFs.

ESMA appear a press release announcing that it has appear adapted advertisement instructions beneath the Adjustment on money bazaar funds (EU/2017/1131) (“MMF Regulation”).

ECON appear a draft report setting out recommendations on Agenda Finance: arising risks in cryptoassets – authoritative and authoritative challenges in the breadth of banking services, institutions and markets.

The FCA appear a statement outlining its expectations of firms apropos annex admission for basic casework during the COVID-19 pandemic.

The PRA appear a Dear CEO letter, from Sam Woods, Bank of England Deputy Governor, Prudential Regulation, and PRA CEO, on International Banking Advertisement Accepted 9 and basic requirements in the ambience of the COVID-19 pandemic.

The Bank of England appear a Dear CEO letter from Sir Jon Cunliffe, Bank of England Deputy Governor, Banking Adherence on the administration of profits accustomed the demands arising from COVID-19.

The Bank of England appear a speech by Andrew Hauser, Executive Director, Markets, on COVID-19, banking markets and the BoE’s antithesis area operations.

The EBA appear an opinion on obstacles to the accouterment of third affair provider casework (“TPPs”) beneath Commodity 32(c) of the authoritative abstruse standards on able chump affidavit (“SCA”) and accepted and defended admonition (“CSC”) addition the revised Acquittal Casework Directive (EU/2015/2366) (“PSD2”).

Pharma aggregation administrator butterfingers for antagonism law breaches:  The CMA has secured the awkwardness of a biologic aggregation administrator afterwards he accepted his role in arrange that bankrupt UK antagonism law.

The FCA appear a statement announcing that it will be accustomed out a analysis of firms’ banking resilience.

The FOS appear its annual complaints abstracts for 2019/20, calm with an article analysing the data, as able-bodied as a document outlining its approaching strategy, which will run to 2025.

The EBA appear a draft awning note relating to a abstraction into the amount of acquiescence with authoritative advertisement measures beneath the CRR.

ESMA appear a consultation paper on abstract guidelines on outsourcing to billow account providers. The purpose of the abstract guidelines is to accommodate admonition on the outsourcing requirements applicative to firms breadth they outsource to billow account providers.

The PSR appear a speech, accustomed by Genevieve Marjoribanks, PSR Head of Policy, on addition and adjustment of acquittal systems.

The PRA appear a statement on the use of cyberbanking signatures by firms. In April 2020, the FCA set out on a new webpage its expectations of firms back ambidextrous with wet signatures (which it refers to as “wet ink” signatures) in the ablaze of COVID-19.

The EBA appear a roadmap on advance firms apropos to mandates beneath the IFR (EU/2019/2033) and the IFD (EU/2019/2034).

The FCA appear a policy statement on extending the chief managers administration (SMR) to criterion administrators (PS20/5).

The Office of the Complaints Commissioner appear a final report regarding a complaint about the FCA’s cessation action (FCA00707). In its response accepting the recommendations, the FCA explains that it has fabricated improvements to its cessation action and accord to abstain these issues arising in future.

ECON and its Environment, Accessible Health and Food Safety Committee appear a recommendation for additional reading of the proposed Adjustment on the enactment of a framework to facilitate acceptable advance (2018/0178(COD)) (Taxonomy Regulation).

The ESMA appear a final report (ESMA70-151-3012) ambience out abstruse admonition on the fair, reasonable, non-discriminatory and cellophane (“FRANDT”) bartering agreement for the accouterment of allowance casework beneath Commodity 4(3a) of European Bazaar Infrastructure Adjustment (EU/648/2012) (“EMIR”).

The FCA appear a feedback statement on admonition on acting banking abatement for mortgage (home finance) barter impacted by the COVID-19 communicable (FS20/6).

The Collective Money Bed-making Steering Accumulation (“JMLSG”) appear the final adapted versions of Part I, Allotment II and Allotment III of its AML and CTF guidance.

The FCA appear a press release providing an amend on its analysis case of the authority of business abeyance claims in the ablaze of the COVID-19 pandemic.

This commodity appearance contributions from Richard Bull.

© 2020 Proskauer Rose LLP. Civic Law Review, Volume X, Cardinal 185

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