Pre-2002 FLP publications are collected for reference here. FMLC publications—primarily reports and correspondence—go back to 2003. All are available to view or download as a PDF, with collected volumes on specific topics available here. The 10 most recent publications are listed below.
Use the search function to search for specific publications, or use the tag cloud to browse the most frequent tags. Please note that the practice of assigning an "issue number" to topics has been discontinued, although older publications continue to be tagged with their issue number.
Click here for a complete list of FMLC publications in reverse-chronological order.
The Law Commission has undertaken to review the law of England and Wales and consider reforms to ensure that the law can accommodate digital assets. As a first step, it has issued a Call for Evidence. Given the considerable legal …30 July 2021
The Law Commission has launched a Consultation to ascertain the topics which might constitute its 14th Programme of Law Reform. The Law Commission undertakes this public consultation with a view to submitting to the Lord Chancellor a draft Programme of Law Reform. The FMLC has submitted a response listing, in order …30 July 2021
- Response to FCA Consultation: new powers over use of critical benchmarks under the Benchmarks Regulation
this response to the FCA’s Consultation on its new powers over the use of critical benchmarks, the FMLC has highlighted uncertainties in relation to the BMR generally, which in turn lead to confusion regarding the new powers and the difficulties …17 June 2021
The Working Group has noted with interest the appointment by HM Treasury of an independent panel to review the operation of the legislation relating to ring-fencing and the publication of a Call for Evidence. As the Working Group has only …01 June 2021
- Response to Consultation: European Commission Review of the Financial Collateral Arrangements Directive: 5 May 2021
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”.07 May 2021
- 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 2008/2009.07 May 2021
- Letter: International Platform on Sustainable Finance (IPSF) and sustainable finance standards adopted in the E.U. and U.K. after Brexit: 21 April 2021
On 3 February 2021, HM Treasury announced that the U.K. would become a member of the International Platform on Sustainable Finance (IPSF). The FMLC understands that the IPSF is a forum for public authorities in charge of developing sustainable finance …21 April 2021
Together with the European Financial Markets Lawyers Group (the “EFMLG”)—a group of senior legal experts from the EU banking sector, hosted by the European Central Bank, dedicated to making analysis and undertaking initiatives intended to foster the harmonisation of laws …22 March 2021
- Response to HM Treasury Call for Evidence: Regulatory Approach to Cryptoassets and Stablecoins: 19 March 2021
The FMLC has also drawn attention to the possible overlap of the new regime for stablecoins with the existing regime under the E-Money Regulations.22 March 2021
The Committee has expressed the view that safe-harbour legislation would address the worst-case risks of frustration, avoidance or force majeure termination which, although they may have only a small chance of crystallising, would be potentially significant in their impact owing …15 March 2021