January 2019

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Market Making, Leveraged Products and Investor Protection– Finance for Compliance Professionals

Last week, the German financial regulator BaFin, felt compelled to publish a notice on investor protection with regard to Market Making with a focus on derivatives and structured products. The increasing number of complaints the financial watchdog had received from investors in particular in respect of leveraged products such as Contracts for difference (CFDs), Forex …

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Innovation Hubs v Regulatory Sandboxes and the Future of Innovation Facilitators

The ESAs joint report on innovation facilitators analysis the different kinds of innovation hubs and regulatory sandboxes that have been established in European member states. What better time to take stock, compare the two and confront some of the major argument as well as think about a way forward? Recently, the European Supervisory Authorities (ESAs) set …

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FCA consults on cryptoassets guidance

The FCA is today consulting on guidance, which, once finalised, will set out the cryptoasset activities it regulates. The guidance will help firms understand whether their cryptoasset activities fall under FCA regulation. Firms will have a better understanding of whether they need to be authorised and can ensure they are compliant and have appropriate consumer …

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ESMA publishes annual report on accepted market practices under MAR

The European Securities and Markets Authority (ESMA) has published today its annual report on the application of accepted market practices (AMP) in accordance with the Market Abuse Regulation (MAR). AMPs are a defence against allegations of market manipulation. In particular, dealings in financial markets which are carried out for legitimate reasons and in conformity with an established …

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EBA publishes report on cost and performance of structured deposits

The European Banking Authority (EBA) published today a report on the costs and performance of structured deposits in the European Union (EU). The report is a response to a request the EBA had received from the EU Commission as part of the implementation of it Capital Market Union Action Plan and concludes that the market …

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More clarity on EU regulation for Crypto-Assets?

Yesterday brought the publication of two reports by two of the three European Supervisory Authorities (ESAs), ESMA and EBA on the matter of crypto regulation. ESMA provided Advice on Initial Coin Offerings and Crypto-Assets, while the EBA published a Report on Crypto-Assets. These two documents in particular together with the general European and Global approach …

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Performance of Investments depends highly on Charges according to ESMA

The European Securities and Markets Authority (ESMA) today publishes its first Annual Statistical Report (Report) on the cost and performance of retail investment products. The Report covers Undertakings for Collective Investment in Transferable Securities (UCITS), Alternative Investment Funds sold to retail investors (retail AIFs) and Structured Retail Products (SRPs). The analysis complements ESMA’s risk assessment, supervisory …

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ESAs publish report on Regulatory Sandboxes and Innovation Hubs

The European Supervisory Authorities (ESAs) published today a joint report on innovation facilitators (regulatory sandboxes and innovation hubs). The report sets out a comparative analysis of the innovation facilitators established to date within the EU. The ESAs also set out best practices for the design and operation of innovation facilitators. ​The number of innovation facilitators in …

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