Funds

AIFMs, UCITS managers and proprietary trading firms: EU MAR surveillance and STORs requirements apply

With just under 5 weeks to go before the Market Abuse Regulation comes into application across the EU, the European Securities and Markets Authority (ESMA) on Monday clarified that the obligations to detect and report market abuse under Article 16(2) … Continue reading

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Filed under Asset management, Banking, EU, Funds, Insurance, Investment banking, Investment Funds, Uncategorized

MiFID II: Where do asset managers go from here?

The one year delay to the implementation of MiFID II provided the industry with some welcome respite from the seemingly unrelenting waves of regulatory reform. European regulatory implementation timetables are always tight but the original MiFID II timetable was proving … Continue reading

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Filed under Asset management, Europe, European Regulation, Funds

UK: no Suremime-type duty of care owed directly to customer in connection with past business review

Six months after the High Court's surprising judgment in Suremime Limited v Barclays Bank plc [2015] EWHC 2277 (QB), the recent decision in CGL Group Limited v Royal Bank of Scotland [2016] EWHC 281 (QB) will be encouraging for financial … Continue reading

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Filed under Asset management, Banking, Commercial Litigation, Funds, Insurance, Investment banking

EU: Final ESMA Guidelines on UCITS V remuneration provisions: ESMA addresses the application of the proportionality principle under UCITS V and AIFMD

The European Securities and Markets Authority ("ESMA") has published its final guidelines on the remuneration requirements of the UCITS V directive (the "UCITS V Guidelines").  The key issue addressed by ESMA is the ability for smaller or less complex managers … Continue reading

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Filed under Asset management, EU, Funds

The EU Securities Financing Transactions Regulation

The Securities Financing Transactions Regulation (SFTR) entered into force on 12 January 2016.  The SFTR has a broad scope with extraterritorial and retrospective reach, and impacts on both EU and non-EU financial and non-financial counterparties.  All firms involved in securities … Continue reading

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Filed under Americas, Asia, Australia, Banking, Europe, European Regulation, Funds

Hong Kong regulator loses battle on the fight against unauthorized advertisement, but the war continues

On 20 March 2015, the Hong Kong Court of Final Appeal (CFA) allowed the appeal by Pacific Sun Advisors Limited and its Chief Executive Officer, Mantel, Andrew Pieter, which effectively confirmed their earlier acquittal by the Magistrate of offences relating … Continue reading

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Filed under Asia, Funds, Hong Kong

UK: Proposed FCA Technical Notes on closed-ended investment companies

You would be forgiven if the Financial Conduct Authority (“FCA”)’s rather plainly titled ‘Primary Market Bulletin No. 11‘ passed you by in the lead up to our, now distant, Easter break.  If that is so, and you have even a … Continue reading

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Filed under FCA, Funds, UK, UK Regulations

China plans to reshuffle foreign investment regulation

After a long wait, on 19 January 2015, China’s Ministry of Commerce (MOFCOM) released the draft Foreign Investment Law for public comment.  The draft Foreign Investment Law represents a significant step forward in China’s continuing reform and opening-up.  When it … Continue reading

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Filed under Asia, China, Funds, Investment banking

US Second Circuit confirms use of discovery in support of foreign investigations

The US Court of Appeals for the Second Circuit has interpreted 28 U.S.C. § 1782 as granting a US district court discretion to order the production of documents in support of a foreign criminal investigation.

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Filed under Americas, Asset management, Banking, Funds, Investment Funds, US

AIF and UCITS marketing in France: the AMF clarifies its regulations

The AMF has issued a position and an instruction dated 30 June 2014 clarifying the rules for marketing AIFs (alternative investment funds) and UCITS (undertakings for the collective investment of transferable securities) that derive from Directive 2011/61/EU of the European … Continue reading

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Filed under Europe, France, Funds