2017

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CFTC proposes interpretation on Virtual Currency “Actual Delivery” in Retail Transactions

The Commodity Futures Trading Commission (CFTC) today announced a Proposed Interpretation concerning its authority over retail commodity transactions involving virtual currency, such as bitcoin. Specifically, the Proposed Interpretation sets out the CFTC’s view regarding the “actual delivery” exception that may apply to virtual currency transactions. The Proposed Interpretation is open for public comment for 90 …

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ESMA consults on aspects of new Prospectus Regulation

The European Securities and Markets Authority (ESMA) today launches a consultation on draft Regulatory Technical Standards (RTS) under the new Prospectus Regulation (Regulation (EU) 2017/1129). These RTSs set out a number of requirements concerning the following topics: The key financial information that should appear in the summary of the prospectus; Data and machine readability of …

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ESMA provides update on Commodity Derivatives under MiFID II

The European Securities and Markets Authority (ESMA) has today updated its Questions and Answers (Q&As) regarding commodity derivatives under the Market in Financial Instruments Directive (MiFID II) and Regulation (MiFIR). This update relates to position limits and position reporting. ESMA has also updated today its list of liquid commodity derivative contracts for position limit purposes. …

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How Blockchain, Big Data and AI are helping developing countries’ businesses to access financing

The question of small and medium business (SMB) support in developing economies has never been so vital as today. Due to the fall of oil prices the majority of developing countries in Africa and Latin America are experiencing a long-lasting recession. SMBs are eager for money, but they don’t have access to financing for business …

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ESMA clarifies calculation of the CO2 equivalent emissions under MAR

The European Securities and Markets Authority (ESMA) has updated today its ;Questions & Answers (Q&A) document regarding the implementation of the Market Abuse Regulation (MAR). The Q&A clarifies the time span for the calculation of the CO2 equivalent emissions and rated thermal input that should be considered to determine whether a participant in the emission …

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EBA publishes final draft technical standards on the future EBA register under the Payment Services Directive

The European Banking Authority (EBA) published today its final draft regulatory technical standards (RTS) and implementing technical standards (ITS) on the EBA electronic central register under the Payment Services Directive (PSD2). The RTS specify the procedures competent authorities (CAs) should follow when providing information to the EBA and those that apply to the EBA when …

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EBA publishes final Guidelines on security measures under PSD2

The European Banking Authority (EBA) published today its final Guidelines on security measures for operational and security risks of payments services under the revised Payment Services Directive (PSD2). These Guidelines, which the EBA developed in close cooperation with the European Central Bank (ECB), are in support of the objective of PSD2 of contributing to an …

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The maturation of the Cryptocurrency Sector through Margin Trading and Crypto Lending

Let’s face it, many aspects of FinTech innovation are not innovations as such but more so a modification of existing models thanks to the use of new technologies. If for example you look at cryptocurrencies and some of the related services and activities, the underlying concepts can be found elsewhere in more traditional areas of …

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EU watchdogs publish draft rules for group-wide AML & CFT management

The Joint Committee of the three European Supervisory Authorities (EBA, EIOPA and ESMA – ESAs) published today its draft regulatory technical standards (RTS) specifying how credit and financial institutions should manage money laundering and terrorist financing (ML/TF) risks at group level where they have branches or majority-owned subsidiaries based in third countries whose laws do …

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