Directive 2009/138/EC on the taking-up and pursuit of the business of insurance and reinsurance (the “Solvency II Directive”) sets out regulatory requirements for insurance firms and groups, covering financial resources, governance and accountability, risk assessment and management, supervision, reporting and public disclosure. In February 2019,
Category: Publications
Benchmark Regulation: Response to the European Commission’s 2019 Review
On 11 October 2019, the European Commission published a public consultation document on the review of the BMR (the “Consultation”). The FMLC has submitted a response
Response to ESMA Consultation: Review of Market Abuse Regulation: 29 November 2019
On 3 October 2019, the European Securities and Markets Authority (“ESMA”) issued a Consultation Paper as part of a review of certain aspects of MAR. The FMLC submitted a response drawing attention to complexities in respect of two areas.
Letter to HM Treasury: Article 59 of BRRD II: 20 November 2019
The Bank Recovery and Resolution Directive (2014/59/EU) (the “BRRD”) was amended by Directive (EU) 2019/879 of the European Parliament and of the Council of 20 May 2019 (“BRRD II”), which […]
Letter to European Commission: Article 59 of BRRD II: 20 November 2019
The Bank Recovery and Resolution Directive (2014/59/EU) (the “BRRD”) was amended by Directive (EU) 2019/879 of the European Parliament and of the Council of 20 May 2019 (“BRRD II”), which […]
Addendum: Brexit Analysis on Third Country Regimes in E.U. Legislation: 5 November 2019
The FMLC published a report titled “Issues of Legal Uncertainty Arising in the Context of the Withdrawal of the U.K. from the E.U.–the Provision and Application of Third Country Regimes […]
Letter to European Commission: Article 5(1)(e) of the E.U. Securitisation Regulation: 5 November 2019
Article 5(1)(e) of the EUSR requires institutional investors to verify that “the originator, sponsor or SSPE has, where applicable, made available the information required by Article 7 in accordance with […]
Report: Exchange Tokens: 23 October 2019
In this paper, the FMLC explores the ways in which regulators and legislators have attempted to grapple with the many varieties of virtual currencies and in particular those which have arguably come to function as money for legal purposes. The definition of “virtual currencies” in the E.U.’s Fifth Money Laundering
Report: The Recognition of Choice of Court Agreements under the 2005 Hague Convention: 23 October 2019
The U.K.’s accession to the Hague Convention in its own right has not, however, been the panacea for which market participants and HM Government had hoped. A number of questions have arisen regarding the timing of the Convention’s entry into force in the U.K. and its application to exclusive choice-of-court agreements concluded in the period
“Onshoring” Statutory Instruments Comment Series: Benchmark Regulation: 23 October 2019
This paper considers legal uncertainties arising from the changes proposed by the Benchmarks (Amendment and Transitional Provision) (EU Exit) Regulations 2019 (the “BMR SI”).