Financial Regulation Weekly Bulletin - 27 March 2024

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Includes developments in relation to: MiCA; financial stability; financial promotions on social media; Smarter Regulatory Framework; MRELs; MiFIR; EMIR 3; ELTIF Regulation; fund tokenisation; EU taxonomy; pensions dashboard; motor claims handling; APP fraud; sanctions; SARs Portal; internal models; and CRA Regulation.

General

  • MiCA - Draft technical standards and guidelines published
  • Financial stability - FPC publishes record of meeting and outlines approach to operational resilience
  • Approach to appointment of statutory panel members - FCA publishes statement of policy
  • Financial promotions on social media - FCA publishes finalised guidance

Beyond Brexit

  • Smarter Regulatory Framework - HM Treasury publishes policy paper on next phase

Banking and Finance

  • MREL reforms - Council of the EU adopts proposed Directive
  • Specific direction 12 and maintenance of free-to-use ATMs - PSR calls for views
  • Farol Holdings Ltd and others v Clydesdale Bank Plc and another, [2024] EWHC 593 (Ch)

Securities and Markets

  • MiFIR Amending Regulation transitional provision - European Commission interpretative notice and ESMA guidance published
  • EMIR 3 - ESMA publishes guidance on clearing obligation for third-country pension scheme arrangements

Asset Management

  • ELTIF Regulation - European Commission announces intention to adopt amended draft RTS
  • Using a host model to manage AIFs - FCA publishes findings from review
  • Fund tokenisation in UK asset management - report published

Insurance

  • Reporting taxonomy - EIOPA launches survey on implementation date
  • Pensions dashboard - FCA publishes further Consultation Paper (CP24/4) and DWP publishes guidance on connection
  • Claims-handling processes for total-loss claims - FCA publishes multi-firm review findings

Financial Crime

  • CCP Graduate School Ltd v National Westminster Bank plc and another, [2024] EWHC 581 (KB)
  • Financial sanctions compliance in the UK - OFSI publishes survey
  • SARs Portal - NCA updates guidance

Enforcement

  • Internal model breaches - ECB imposes fines
  • Conflicts of interest failures under CRA Regulation - ESMA issues fine
  • Unauthorised investment scheme - FCA charges four individuals