The FMLC has submitted a response drawing attention to previous FMLC papers on “possession” and “control”, written in 2010 and 2012, which highlight the serious issues of legal uncertainty and material difficulties arising from the definitions of “possession” and “control”.
Tag: European Commission
Response to Consultation: European Commission Review of the Settlement Finality Directive in Payment and Securities Settlement Systems: 5 May 2021
The FMLC has submitted a response drawing attention to legal uncertainties which have arisen owing to developments in the business, technological and regulatory environment since the last review of the SFD in 2008/2009.
Response to Consultation: Proposal to Amend the Benchmarks Regulation: 6 October 2020
The European Commission has published a proposal to amend the BMR (the “Legislative Proposal”) so as to ensure that regulators have the tools to guide the transition avoiding contract frustration and financial instability. The FMLC would like to draw attention to certain issues of uncertainty.
Response to European Commission Consultation: Action plan for a policy on preventing money laundering: 26 August 2020
The European Commission has launched a public consultation to gather stakeholder views on the possible enhancements to the E.U. anti-money laundering/countering the financing of terrorism framework. The FMLC would like to draw attention to two areas.
Response to European Commission Consultation: A New Digital Finance Strategy: 26 June 2020
In Q3 2020 the European Commission is scheduled to propose a new Digital Finance Strategy/FinTech Action Plan that sets out a number of areas that public policy should focus on in the coming five years. A Consultation designed to gather stakeholders’ views on policies to support digital finance, which will inform that strategy, was published in April 2020.
Response to European Commission Consultation: Framework for Markets in Cryptoassets: 17 March 2020
The FMLC has drafted a response to the Consultation in the form of two complementary reports. Part I comprises comments on the classification of cryptoassets. Part II comprises comments in response to the section of the Consultation dealing with cryptoassets which fall within the E.U. regulatory perimeter.
Benchmark Regulation: Response to the European Commission’s 2019 Review: 31 December 2019
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
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 […]
Report: the European Commission’s Legislative Proposal to Amend Procedures for recognition of Third Country Central Counterparties under EMIR
A substantial volume of financial instruments denominated in the currencies of Members States are currently cleared by central counterparties (“CCPs”), established in, and regulated by, Third Country CCPs on the […]
Letter to European Commission: Rome I/Hague Convention Conflict of Laws Rules: 28 June 2017
The FMLC wrote to the European Commission in response to its consultation on the conflict of laws rules for third party effects of transactions in securities and claims (the “Consultation”), […]