New Omnibus Act for Singapore's financial sector – Financial Services and Markets Act 2022 (April 2022)
A new financial-sector wide legislation, the Financial Services and Markets Act 2022, will be introduced in Singapore to enhance the regulator's effectiveness in addressing financial sector-wide risks. The new Act potentially impacts financial institutions (FIs) and virtual asset service providers (VASPs), for the reasons explained below.
Trialogues relating to the proposed Regulation on markets in crypto-assets (MiCA) are underway between the European Commission, Council and Parliament. We examine the overlaps and potential outcomes of these discussions.
Increased custody liability – proposed reforms to EU funds legislation and new rules for crypto-asset markets (April 2022)
Under the European Commission's proposed reforms to AIFMD and UCITS V and the various drafts of the EU Markets in Crypto-assets Regulation ("MiCA"), including the latest European Parliament version, depositaries and custodians of funds and custodians providing services regarding crypto-assets could become subject to increased liability and other obligations.
The Capital Requirements Directive (or CRD) is the principal EU banking directive. It covers not only capital requirements but also remuneration, governance, licensing and more. It has been amended several times over the years, and in November 2021, the Commission published a proposal for its first post-Brexit overhaul: CRD6.
The European Commission published its legislative proposal for AIFMD2 on 25 November 2021 (the "Proposal")]. The Proposal is a mixed bag, with some potentially problematic provisions (for example, new rules on liquidity risk management) but also some potential opportunities (for example, in respect of pan-EEA loan origination). The Proposal will be modified further as it progresses through the legislative process, as a result of input from the European Parliament and European Council.
Are we still allowed to talk crypto? New proposals for the regulation of cryptoasset promotions (February 2022)
In January 2022, both HM Treasury (HMT) and the FCA published new proposals for the regulation of the promotion of certain cryptoassets.
The Markets in Financial Instruments Regulation (MiFIR) introduced transparency requirements for non-equity asset classes such as bonds and derivatives and introduced a derivatives trading obligation (DTO) requiring the most liquid derivatives to be traded on EU trading venues or equivalent non-EU venues. Similar requirements have been retained in the UK as part of the onshoring of EU law following the UK's exit from the EU.
EU: Guidelines on marketing communications relating to the cross-border distribution of funds coming into force (January 2022)
ESMA's guidelines on marketing communications under Regulation on cross-border distribution of funds (EU 2019/1156) dated 2 August 2021 will apply from next week, 2 February 2022.
The European Securities and Markets Authority (ESMA) has published its long-awaited forbearance statement asking competent authorities "not to prioritise supervisory actions" with respect to mandatory buy-in (MBI) requirements under the EU Central Securities Depositories Regulation (CSDR), pending a formal delay of the rules.