Dates for your regulatory diary
Ben Blackett-Ord, The Bovill Group, Principal, London, 19 June 2015
At mid-point in the year, we present a potted list of the dates and deadlines that compliance officers at British and European private banks and asset management firms might want to remember.
Client money. The FCA’s Client Money and Assets Policy Statement was published in June 2014. New rules are being phased in, with some rules already live.
Cyber-security. Despite progress towards a cybersecurity directive, the European Parliament and the Council of the EU still have differences in some areas – the council wants national discretion, while the parliament wants a maximalist approach, thereby causing a high regulatory burden. They have also been unable to agree on whether digital services should be included.
EU Long-Term Investment Funds. The ELTIF Regulation was published in the official journal (staute book) of the EU on 19 May 2015. It starts to apply on 9 December 2015, providing fund managers with a new type of product.
FEMR of FICC contains 21 recommendations and has just emerged. A full implementation report will be presented to the Chancellor of the Exchequer and the Governor of the Bank of England by June 2016.
The fourth Money Laundering Directive. Compliance is required from mid-2017.
The Mortgage Credit Directive must be implemented by March 2016. It introduces responsible lending practices in respect of lending on residential property across the EU.
Social media and customer communications. The FCA issued new rules in March. 'Final guidance' was the term it used.
MiFID II will apply from 3 January 2017 onwards. Key FCA dates are as follows.
- March 2015 – publication of a discussion paper on certain conduct and organisational issues where the FCA has discretion or where there is potential read across to non-MiFID business.
- Summer 2015 – the European Commission's estimated time for "adoption of a draft Level 2 text."
- Autumn 2015 – FCA MiFID II conference aimed at outlining the main issues to do with implementation and focusing on helping firms to understand their new obligations and the FCA’s expectations.
- December 2015 – publication of the main consultation paper on changes to the FCA's handbook.
- June 2016 – FCA feedback and policy statement confirming final changes to its handbook.
The AIFMD came fully into force at the close of the transitional period last July. This was just the beginning. Unless you are an EU AIFM with EU AIFs, you have yet to benefit from the AIFMD’s new Pan-European passport regime. After July 2015, the AIFMD pan-European passport may be available to both 'third country' AIFMs and EU-AIFMs with AIFs domiciled outside the EU, but the European Commission has yet to confirm the switching-on of this passport.
EMIR. The reporting obligation came into effect on 12 February 2014 for all types of derivative contract. Variation margin requirements for uncleared trades are expected to come into effect from 1 December 2015 and initial margin requirements are expected to be phased in between 1 December 2015 and 1 December 2019.