European Regulation

GROUP-WIDE AML/CTF COMPLIANCE: NEW OBLIGATIONS FOR FIRMS WITH OVERSEAS BRANCHES AND SUBSIDIARIES?

In December 2017, the European Supervisory Authorities published a Report on draft Joint Regulatory Technical Standards (“RTS“) on the measures that credit and financial institutions should take to manage money laundering risk in their non-EU overseas branches and subsidiaries.┬áThe RTS … Continue reading

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Filed under Bribery and Corruption, EU, European Regulation, Sanctions and Money Laundering, Sector Updates by Herbert Smith Freehills

Corporate Crime Monthly Update January 2017

Welcome to the January 2017 edition of our corporate crime update – our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update now covers a number of jurisdictions. For the full update on each jurisdiction, … Continue reading

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Filed under Bribery and Corruption, China, Corporate Crime, Dubai, EU, European Regulation, Germany, Hong Kong, India, Indonesia, International, Investigations, Japan, Sanctions and Money Laundering, UAE, UK Government, US

No margin for error: the upcoming EMIR margin rules

EMIR is the centrepiece of the EU post financial crisis reform of derivatives markets and seeks to address perceived issues with counterparty credit risk and transparency. After a long and difficult consultation period, and some way behind other similar global … Continue reading

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Filed under Europe, European Regulation

European Commission forges ahead with bonus cap for all CRDIV firms

The European Commission has published proposed amendments to the remuneration requirements of CRDIV which would have the effect of extending the cap on variable remuneration (the "bonus cap") to all CRDIV firms, including smaller banks and all CRDIV investment firms.  … Continue reading

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Filed under Europe, European Regulation

Corporate Crime Monthly Update October 2016

Welcome to the October 2016 edition of our corporate crime update – our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update now covers a number of jurisdictions. For the full update on each jurisdiction, … Continue reading

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Filed under Bribery and Corruption, Cambodia, China, Corporate Crime, Cuba, Dubai, EU, European Regulation, Germany, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Pakistan, Sanctions and Money Laundering, Singapore, UAE, UK, US

#MAR_bitesize

Managers' Transactions – Restrictions and Notification Requirements As was the case under the previous market abuse regime, MAR imposes various obligations on persons discharging managerial responsibility (PDMRs) in listed companies and their dealings in the securities of the company which … Continue reading

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Filed under European Regulation, FCA

#MAR_bitesize

New Market Abuse powers for the FCA   The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 On 29 June 2016, the Government adopted the Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (the "regulations").  This left … Continue reading

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Filed under Estonia, EU, Europe, European Regulation, FCA, France, Germany, Italy, Liechtenstein, UK Regulations, Uncategorized

Market abuse update – July 2016

The Market Abuse Regulation (MAR) and the Criminal Sanctions (Market Abuse) Directive came into application in Europe on 3 July 2016.  Various outstanding pieces of secondary legislation were published in the Official Journal shortly before then, and further material has … Continue reading

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Filed under Americas, Asia, Australia, Europe, European Regulation, France, Hong Kong, Uncategorized, US

#MAR_bitesize

Extra-territorial scope of MAR: impact on non-EU firms Article 2(4) of MAR applies the "prohibitions and requirements" within MAR to behaviour that occurs both within the EU and in a third county.  In other words, MAR is intended to have … Continue reading

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Filed under EU, Europe, European Regulation, France, Germany, Investment banking, Italy, Spain, Ukraine

EU extends Russian sectoral sanctions

On 1 July, the Council of the EU announced that its sectoral sanctions against Russia (which were previously due to expire on 31 July 2016) will be extended for a further six months until 31 January 2017.  This extension was effected by Council … Continue reading

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Filed under Corporate Crime, EU, European Regulation, Non-UK regulation, Sanctions and Money Laundering