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SRM Update

On 6 December 2013, the Presidency of the EU Council published its latest compromise proposal (17410/13) with respect to the single resolution mechanism (SRM). Changes to the previous compromise text (17055/13) are highlighted in bold and underlined. The Council has also published a Presidency report (17411/13)  dated 6 December 2013 detailing key outstanding issues relating to the SRM […]

FCA Legislation Update (PDU 8)

On 9 December 2013, the FCA published its policy development update for November 2013 (PDU 8) which details forthcoming FCA publications relating to a number of areas, as detailed below. High level standards Initiative Current Expected Publication Date Previous Expected Publication Date Recovery and Resolution Plans: policy statement to   CP11/16 No reference within PDU 8 TBC (PDU […]

France and Germany inch toward banking union deal

An article in today’s Financial Times reports that, today’s meeting of finance ministers in Brussels is expected to make further progress on the creation of a single banking framework union. Following a meeting of key countries and EU officials in Berlin last Friday, unsubstantiated reports that France and Germany were resolving ongoing differences and a deal […]

Ringfence Vaulting to become new sport?

As the electrified ringfence-erecting Banking Reform Bill is poised to enter the statute books, the FT reports HSBC is thinking of hiving off its UK operations in response. The global bank has proposed carving out its UK operation, and floating this retail-focussed, reconfigured bank on the London exchange. The article points out that such an […]

Swap Clearing: an Inconvenient Truth

This week’s International Financing Review reports that BNY Mellon is closing its swaps clearing service, a mere three years after its inception. “We are exiting the derivatives clearing business in the US due to market and regulatory factors that will limit our ability to grow the business in the future,” said a spokesperson for the […]

The Volcker Rule- Gary Gensler’s Goodbye Kiss

Four of the five regulatory agencies needed to enact the Volcker Rule are voting on the 10th December 2013. The SEC has said it will vote on or near the same date. The CFTC has scheduled a public meetingat 9.30 am EST to discuss proprietary trading and other business. In what is almost certain to […]

Footnote 513 – the Empire Strikes Back

A consortium of finance trade bodies have mounted a legal challenge to the CFTC’s Cross-Border Interpretive  Guidance. ISDA, SIFMA and the Institute of International Bankers (IIB) yesterday filed suit in the District of Columbia, alleging that the CFTC: Unlawfully circumvented the requirements of the Administrative Procedure Act and the Commodity Exchange Act by characterizing its regulations as […]

Towergate Insurance Misallocates £15m of Client Money

Firms continue to take inadequate steps to ensure compliance with the Client Money rules.  The latest case involving insurance broker Towergate highlights the FCA’s renewed sense of purpose and the fact that insurance brokers are not immune. The broker misallocated £15m of client and insurer money over a four year period (from November 2007 to […]

SSM MoU with ECB Approved and Inter-institutional Agreement Published in Official Journal

On 2 December 2013, the Council of the European Union published a press release announcing that it has approved the Memorandum of Understanding (MoU) (15963/13) between the Council and the European Central Bank (ECB) relating to the single supervisory mechanism (SSM).  A few days earlier on 30 November 2013, the Inter-institutional Agreement (IIA) between the […]

ISDA/FOA Assist with Ongoing EMIR Disclosure Requirements

On 29 November 2013, ISDA published its standard FOA/ISDA Clearing Member Disclosure Document, a document which facilitates clearing members’ compliance with certain obligations under Article 39(7) of EMIR to: offer clients a choice between individual client accounts or omnibus client accounts; publicly disclose the levels of protection and costs associated with different levels of segregation; […]

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