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The Economic Crime and Corporate Transparency bill (the "Bill"), which is currently progressing through Parliament, is reportedly due to include provisions introducing a new failure to prevent offence affecting corporates, following statements by a UK Government minister during debates surrounding the Bill. In this briefing we outline the background to this development and anticipated next steps. Read more
HM Treasury (HMT) has published its long-awaited consultation (Consultation) and call for evidence (Call for Evidence) on the regulation of cryptoassets that are not stablecoins, e-money or already regulated by virtue of amounting to a traditional financial services instrument (a share, bond, unit in a fund, derivative, etc). Its scope is broad and captures a whole swathe of cryptoassets including cryptocurrency such as Bitcoin, as well as non-fungible tokens (NFTs). Read more
On 16 December 2022, the Basel Committee on Banking Supervision (the "BCBS") published its much-anticipated standard on the prudential treatment of cryptoasset exposures (the "Standard"), which will be incorporated into the consolidated Basel Framework in due course. Read more
HM Treasury unveiled yesterday its long awaited consultation paper for a new Insurer Resolution Regime ("IRR") with the consultation set to run until 20 April 2023. Read more
On 19 December 2022 the Bank of England ("BoE") published its annual report on Financial Market Infrastructures' ("FMIs") supervision which sketches the BoE's work undertaken during 2021/22 and sets out its supervisory approach for 2022/23 ("Report"). Read more
The FCA's review of firms' progress on implementing the Consumer Duty contains some important guidance for firms to follow in the lead up to 31 July 2023. Read more
The Upper Tribunal has issued its judgment in the case of Moneybrain Ltd v The Financial Conduct Authority. The judgment is relevant to cryptoasset businesses, particularly those dealing with tokens that have some (theoretical or practical) correlation to other assets, and the promotional material in respect of these tokens. Read more
What are authorised institutions (AIs) required to do when they receive a customer complaint? On 6 January 2023, the Hong Kong Monetary Authority (HKMA) issued its updated Supervisory Policy Manual (SPM) module IC-4 on complaints handling and redress. The updated IC-4 imposes new requirements on AIs under an enhanced complaints handling framework, in line with one … Read more
Herbert Smith Freehills LLP has published an article in Butterworths Journal of International Banking and Financial Law on artificial intelligence (AI) and the Consumer Duty. Read more
