On Wednesday 5 July ESMA published a set of questions and answers (Q&As) in relation to the transitional provisions for the EU Benchmark Regulation (BMR).
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It is our pleasure to welcome you to our first Monthly Regulatory Update for investment managers. We understand that compliance and business teams have day jobs and therefore this regulatory update provides commentary on those items which we think are important. We have set out this update in the form of a report which can be distributed to your colleagues.
In this update, we review February’s highlights, including the delay to MiFID II, the Benchmark Regulation, the FCA’s review of firms’ liquidity management, the FCA and PRA’s decision not to apply the bonus cap to small CRD firms and ESMA’s first Supervisory Work Programme.
What were February’s highlights for investment managers?
MiFID II delay
The biggest news this month is that the European Commission and European Parliament proposed to delay the MiFID II and MiFIR effective and transposition dates each by one year respectively.
This is a very broadly written piece of regulation which has the potential to bring a wider variety of benchmark usage into the scope of regulation for the first time. Careful consideration needs to be given to its scope and ESMA this month issued a discussion paper which, in part, seeks to provide clarity on this area.
The FCA reviewed a number of firms’ practices in relation to managing liquidity around redemptions in fixed income funds. The FCA wants to ensure that there is fair treatment of both redeeming and remaining investors.
It is good news that the FCA and PRA have decided not to apply the EBA guidelines on bonus caps to small CRD firms and this signals that the regulators don’t have the appetite to apply European guidelines where they think the European authorities have overstepped the mark.
ESMA’s first Supervisory Work Programme
We thought it was interesting that ESMA is going to conduct “a thematic study on the operation of home and host responsibilities under AIFMD and UCITS with a view to clarifying the respective responsibilities of the NCAs and promoting the smooth operation of the EU passports for marketing and management.”
ESMA chairman Steven Maijoor says sales incentives and commission are “different sides of the same coin”.
Top European regulator backs EU-wide commission ban
Industry says proposed technical standards, which diverge from the advice of the Esma, will damage business and shut out the US and Asia
European rules alarm fund managers
The IMA has announced it is creating two money market sectors based upon the ESMA definitions.
Originally posted here:
Money market sectors to follow European definitions
The European regulator ESMA has called for tighter regulation on ETFs to minimise their risk.
See the article here:
European regulator calls for tighter ETF rules