Corporate & Financial Weekly Digest

Corporate & Financial Weekly Digest

Category Archives: EU Developments

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EBA Publishes Report Regarding ITS on Reporting for Resolution Plans Under the EU BRRD

Posted in EU Developments, Financial Markets
On April 17, the European Banking Authority (EBA) published its draft implementing technical standards (ITS) on reporting for resolution plans under the EU Bank Recovery and Resolution Directive (BRRD). Under the BRRD, EU Member States must ensure that resolution authorities have the power to require investment firms and credit institutions to cooperate as much as… Continue Reading

ECON Publishes Proposed Amendments to Prudential Supervision of Investment Firms Directive

Posted in EU Developments, Financial Markets
On April 13, the European Parliament’s Committee on Economic and Monetary Affairs (ECON) published a draft report, featuring the European Parliament legislative resolution with ECON’s amendments to a proposal regarding the prudential supervision of EU investment firms. This amends the Capital Requirements Directive IV and the revised Markets in Financial Instruments Directive (MiFID II) (collectively,… Continue Reading

European Parliament Adopts Fifth Money Laundering Directive

Posted in EU Developments, Financial Markets
On April 19, the European Parliament (EP) published a press release announcing its adoption of a proposal for a fifth Anti-Money Laundering Directive (MLD5). The introduction of MLD5 forms part of the European Commission’s action plan to counter terrorist financing and money laundering, published in February 2016 (further details are available in the Corporate &… Continue Reading

ESMA Seeks EC Clarification on Ancillary Activity Test Under MiFID II

Posted in EU Developments
The European Securities and Markets Authority (ESMA) published a letter to the European Commission (EC) dated April 9, requesting clarification with respect to the exemption available to non-financial entities (NFEs) from having to be authorized as an investment firm under the revised Markets in Financial Instruments Directive (MiFID II).… Continue Reading

IOSCO Produces CCP Stress Test Framework

Posted in EU Developments
On April 10, the International Organization of Securities Commissions (IOSCO), in conjunction with the Bank for International Settlements’ (BIS) Committee on Payments and Market Infrastructures, published a framework for supervisory stress testing of central counterparties (CCPs) in a single jurisdiction or across multiple jurisdictions. The framework’s focus is stated to be the evaluation of “broad,… Continue Reading

ESMA Publishes Updated Double Volume Cap Public Register

Posted in EU Developments
On April 10, the European Securities and Markets Authority (ESMA) published updated results of the double volume cap (DVC) mechanism on its website—for the period of March 1, 2017 to February 28, 2018, and for already published DVCs. The DVC mechanism is set out in the Markets in Financial Instruments Regulation (MiFIR) and is designed… Continue Reading

ESMA Publishes Final Report: Technical Advice Under the Prospectus Regulation

Posted in EU Developments
On April 3, the European Securities and Markets Authority (ESMA) published a final report with its technical advice under the European Union Prospectus Regulation. The report covers the format and content requirements for a prospectus, the EU growth prospectus, and the scrutiny and approval process for a prospectus.… Continue Reading

ESMA Further Updates Its Q&As on the Benchmarks Regulation

Posted in Brexit, Brexit/UK Developments, EU Developments, Financial Markets, UK Developments
On March 22, the European Securities and Markets Authority (ESMA) updated its Q&As on the European Union (EU) Benchmarks Regulation (BMR). The Q&As aim to promote common supervisory approaches and practices in the day-to-day application of the BMR. The updated Q&As on the BMR add one new question and answer which considers the application of… Continue Reading

ESMA Updates MiFID II Q&As on Investor Protection

Posted in EU Developments, Financial Markets
On March 23, the European Securities and Markets Authority (ESMA) updated its Q&As relating to investor protection under the revised Markets in Financial Instruments Directive (MiFID II) and the Markets in Financial Instruments Regulation (MiFIR). The Q&As include updated existing questions and answers relating to inducements, information on costs and charges, and post-sale reporting. The… Continue Reading

ESMA Updates Q&As on Market Abuse Regulation

Posted in EU Developments, Financial Markets
On March 23, the European Securities and Markets Authority (ESMA) updated its Q&As on the Market Abuse Regulation (MAR). ESMA last updated the Q&As on December 14, 2017, as reported in the Corporate & Financial Weekly Digest edition of December 15, 2017. The updated Q&As now consider the disclosure of inside information related to the… Continue Reading

ECB Finalizes General Guide and FinTech Guide on Bank Licensing Applications

Posted in EU Developments, Financial Markets
On March 23, the European Central Bank (ECB) published two guides (together, Guides): a guide to assessing license applications (General Licence Application Guide) which covers the general application process and the assessment requirements regarding, for example, governance, risk management, capital; and a guide to assessing financial technology (FinTech) credit institution license applications (FinTech Licence Application… Continue Reading

EU Publishes RTS Supplementing ELTIF Regulation

Posted in EU Developments, Financial Markets
On March 23, the Official Journal of the European Union published the European Commission Delegated Regulation 2018/480 (Delegated Regulation). The Delegated Regulation sets out regulatory technical standards (RTS) on financial derivative instruments solely serving hedging purposes, sufficient length of the life of the European long-term investment funds (ELTIFs), assessment criteria for the market for potential… Continue Reading

ESMA Publishes List of Trading Venues and CCPs Benefitting From a Transitional Exemption From the Access Provisions of MiFIR

Posted in EU Developments, Financial Markets
On March 26, the European Securities and Markets Authority (ESMA) published a list of the trading venues and central counterparties (CCPs) benefitting from a temporary exemption from the access provisions set out in Articles 35 and 36 of the Markets in Financial Instruments Regulation (MiFIR). CCPs and trading venues had until January 3 to apply… Continue Reading

ESMA Clarifies Quoting Obligations Under MiFIR for Systematic Internalizers

Posted in EU Developments, Financial Markets
On March 26, the European Securities and Markets Authority (ESMA) published its final report on proposed amendments to the regulatory technical standards on transparency requirements for trading venues and investment firms in respect of shares, depositary receipts, exchange-traded funds, certificates and other similar financial instruments. The report included amendments regarding transaction execution obligations in respect… Continue Reading

UK Government and EC Publish Draft UK/EU Withdrawal Agreement

Posted in Brexit, Brexit/UK Developments, EU Developments, UK Developments
On March 19, the UK government and the European Commission (EC) published a draft withdrawal agreement (Latest Draft Agreement) which includes the legal text agreed by negotiators on the transition period following the UK’s withdrawal from the European Union (EU).… Continue Reading

ESMA Publishes Speech on Supervisory Convergence, Transaction Cost Transparency and Pan-European Regulators

Posted in Brexit, Brexit/UK Developments, EU Developments, Financial Markets
Steven Maijoor, Chair of the European Securities and Markets Authority (ESMA) spoke on March 20, regarding ESMA’s work during the past year. In his speech, Mr. Maijoor commented on ESMA’s work in relation to: supervisory convergence to limit the scope for regulatory arbitrage in light of the United Kingdom’s upcoming withdrawal from the European Union… Continue Reading

EC Legislative Proposals on Cross-Border Distribution of Collective Investment Funds

Posted in EU Developments, Financial Markets
On March 12, as part of the development of the EU’s Capital Markets Union (CMU), the European Commission (EC) published two legislative proposals in relation to the cross-border distribution of collective investment funds within the EU: a Regulation (Proposed Regulation) facilitating the above and amending existing Regulations on European venture capital funds and European social… Continue Reading

EC Publishes Notices on the Consequences of Brexit for the Financial Services Sector

Posted in EU Developments
On February 8, the European Commission’s Directorate General for Financial Stability, Financial Services and Capital Markets (DG FISMA) published a webpage containing a number of notices to financial services stakeholders highlighting the consequences of Brexit on: markets in financial instruments; banking and payment services; post-trade financial services; asset management; credit rating agencies; insurance/reinsurance; and statutory… Continue Reading

ESMA Publishes Trading Volumes and Calculations Regarding the Double Volume Cap Under MiFID II

Posted in EU Developments
On March 7, the European Securities and Markets Authority (ESMA) published trading volumes and calculations regarding the double volume cap (DVC) under the revised Markets in Financial Instruments Directive (MiFID II) and the Markets in Financial Instruments Regulation (MiFIR).… Continue Reading

European Commission Publishes FinTech Action Plan

Posted in EU Developments
On March 8, the European Commission issued a press release unveiling a 23-step action plan on how to harness the opportunities presented by technology-enabled innovation in financial services (FinTech). The European Commission identifies two goals: (1) capitalizing on fast-moving progress in technology to improve the European Union’s economy, and (2) incentivizing a more competitive and… Continue Reading

The EC Publishes Draft UK/EU Withdrawal Agreement

Posted in Brexit, EU Developments
On February 28, the European Commission (EC) published a draft withdrawal agreement  on the withdrawal of the United Kingdom from the European Union. The draft agreement consists of six parts and represents the EU’s attempt to reflect in a binding legal text the principles of the political agreement reached between the UK and EU in… Continue Reading

European Commission Publishes Survey About the Functioning of the AIFMD

Posted in EU Developments
On February 8, the European Commission published an online survey about the functioning of the Alternative Investment Fund Managers Directive (AIFMD). Article 69(1) of the AIFMD requires the EC to have commenced by July 22, 2017, its review of the AIFMD’s scope and application. However, the review process has started late due to the EC’s… Continue Reading

Warning to Consumers on Virtual Currency Risks Issued by EBA, EIOPA and ESMA

Posted in EU Developments
On February 12, the European Banking Authority (EBA), the European Insurance and Occupational Pensions Authority (EIOPA) and the European Securities and Markets Authority (ESMA) (collectively the three European Supervisory Authorities (three ESAs)) published a joint warning to consumers relating to the high risks of buying and/or holding virtual currencies (such as Bitcoin, Ether and Ripple).… Continue Reading