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.
- 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 basis of their recognition by the European Securities and Markets …Central Counterparties EMIR EMIR Review European Commission European Market Infrastructure Regulation Third countries Third Country CCP14 September 2018
Since the U.K. voted to withdraw from the E.U., a question which has been raised by many market participants and observers, in the context of a hard Brexit, is whether the performance of existing financial contracts would continue or whether …06 August 2018
The FMLC has sent a letter to the European Commission, drawing attention to the question of the status of Level 2 E.U. legislation in the event the relevant Level 1 act (the “Parent Act”) is repealed. As the Parent Act …31 July 2018
The FMLC has sent a letter to the Ministry of Justice, drawing attention to the question of the status of Level 2 E.U. legislation in the event the relevant Level 1 act (the “Parent Act”) is repealed. As the Parent …Brexit Eral Knight European Union (Withdrawal) Act 2018 Letter Level 2 E.U. Legislation Ministry of Justice Retained Law U.K. Withdrawal from the E.U.31 July 2018
On 13 April 2018, the FMLC published a paper entitled Bank Recovery and Resolution Directive: Legal Uncertainties in the Proposal to Amend Moratorium Powers (the “FMLC Paper”). Stakeholders subsequently contacted the FMLC to draw attention to the latest proposal being …Bail-In Bank Recovery and Resolution Bank Recovery and Resolution Directive Letter Moratorium powers31 July 2018
- Letter to European Commission: Proposed Regulation on the Law applicable to the “Third-party Effects” of the Assignment of Claims: 31 July 2018
The FMLC has sent a letter to the European Commission in relation to a new conflicts of laws proposal. On 12 March 2018, the European Commission published a proposed regulation (the “Regulation”) on the law applicable to the “third-party effects” …31 July 2018
- Letter to the Department for Exiting the European Union: Legal Uncertainties relating to Insurance Business: 12 July 2018
The FMLC has sent a letter detailing the issues of legal uncertainty which arise in relation to insurance business in the context of Brexit. The letter draws attention to the uncertainties in identifying whether and when an insurer is providing …Brexit Department for Exiting the European Union establishment of an E.U. insurer in another member FCA Financial Conduct Authority Insurance Insurance Interpretive Communication 2000 Letter Ministry of Justice Part VII of the Companies Act 1989 Part VII Transfers U.K. Withdrawal from the E.U.12 July 2018
As the U.K. and E.U. continue to negotiate their relationship in the context of the U.K.’s impending withdrawal from the E.U. (“Brexit”) and as U.K. insurers with clients in the E.U. begin to plan for the possibility that no deal …12 July 2018
On 23 November 2016, the European Commission published a package of reforms proposing fundamental changes to E.U. legislation on bank resolution and bank capital. One proposed amendment introduced additional moratorium powers giving relevant authorities new abilities to suspend payment or …2018 Bail-In Bank Recovery and Resolution Bank Recovery and Resolution Directive Moratorium powers Report13 April 2018
Distributed Ledger Technology (“DLT”) systems involve databases that are shared across digital networks. DLT systems are decentralised, borderless and span several jurisdictions, which can often lead to issues of legal uncertainty. Market infrastructures, regulated firms, members of the public and …27 March 2018