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Financial Services UK
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July 25, 2024
Belgium Taken To EU Court Over Deposit Exemption Rules
The European Union's executive branch said Thursday that it is taking Belgium to court alleging that the country's system of exempting remuneration of savings deposits from tax violates EU law.
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July 25, 2024
FCA Consumer Duty Deadline May Spark Clash With UK Gov't
The new Labour government and the Financial Conduct Authority could be heading for a clash over what constitutes a vulnerable consumer and how the laws protecting them from abuse should be enforced.
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July 25, 2024
Coinbase Unit Fined £3.5M For Crypto-Related Breaches
The Financial Conduct Authority said Thursday it has fined a payments company £3.5 million ($4.5 million) for "repeatedly breaching" restrictions against enabling crypto-asset trading, the first time the watchdog has taken enforcement action under regulations governing electronic money.
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July 25, 2024
Revolut Gets UK Banking License To Permit Expansion
An online banking subsidiary of Revolut Group Holdings Ltd. has been granted a U.K. banking license, allowing it to expand its financial services and potentially offer customers in Britain traditional banking products such as loans and savings accounts, the lender said Thursday.
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July 24, 2024
Ex-Barclays CEO Told To Testify In Appeal Of Qatar Fees Fine
Former Barclays CEO John Varley was ordered by a London tribunal Wednesday to give evidence in the bank's appeal against a £50 million ($64.6 million) fine over its emergency fundraising with Qatar during the 2008 financial crash.
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July 24, 2024
EU Trade Body Warns Against FCA Enforcement Plans
A trade body for European financial firms has warned that the Financial Conduct Authority's proposed naming of companies in enforcement investigations would make the U.K. an international outlier, damaging competitiveness.
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July 24, 2024
Cuban Bank Denies Transferring €72M Debt To Offshore Fund
Cuba's former central bank told an English appeals court Wednesday that an offshore fund cannot sue it over €72 million ($78.2 million) of unpaid sovereign debt, because it did not consent to the assignment of the debt to the fund.
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July 24, 2024
Asset Recovery Firms Deny Profit-Stripping Rule Is Too Harsh
Two asset recovery companies told Britain's top court Wednesday that a law to strip profits from people who quit jobs to chase the business of a former employer is not "too harsh," in a case with potentially wide implications for "bad-faith resignations."
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July 24, 2024
Russia Sanctions Enforcement Lacks Bite, UK Charity Says
Britain must develop a clearer sanctions enforcement strategy, an anti-corruption charity said on Wednesday, as it revealed that the government has issued no fines for breaches of rules since Russia invaded Ukraine in February 2022, more than two years ago.
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July 24, 2024
UniCredit To Buy Vodeno, Aion Bank For €370M
Italy's UniCredit said Wednesday that it will buy cloud-based digital banking services provider Vodeno and online bank Aion for approximately €370 million ($401 million) in total as a foray into new financial technology.
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July 24, 2024
UK Bans 830 Directors For COVID Loan Abuse In 12 Months
Hundreds of company directors have been banned in the last year as a result of COVID loan abuse, the Insolvency Service said Wednesday, adding that it has recovered almost £3 million ($3.8 million) of taxpayers' money.
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July 24, 2024
British Steel Pension Redress Scheme Pays Out £8.7M
The Financial Conduct Authority said Wednesday that its redress program for steelworkers given poor pensions advice has paid out a total of just £8.7 million ($11.2 million) in compensation.
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July 24, 2024
Can New Pensions Minister 'Serve Two Masters'?
A new British pensions minister with a foot in two competing government departments could help create a more coherent pensions reforms, although some analysts warn of a potential Treasury takeover of pensions policy to prioritize economic stimulus.
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July 23, 2024
FCA Confirms Plan To Protect Access To Cash
The Financial Conduct Authority confirmed plans on Tuesday to secure adequate access to cash for businesses and consumers, rules that will come into force in September.
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July 30, 2024
Akin Alum To Head Paul Weiss' European Restructuring Team
Paul Weiss Rifkind Wharton & Garrison LLP announced Tuesday that it has hired a partner at Akin Gump Strauss Hauer & Feld LLP to steer the leadership of its European restructuring practice as it looks to boost its legal services to large companies and creditors.
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July 23, 2024
'Mortgage Prisoners' Sue TSB In £800M Trial Over Contract
Homeowners have alleged that TSB Bank PLC breached the contracts that underpin their mortgages by charging a "disproportionately higher" interest rate, as a preliminary trial of a group claim worth up to £800 million ($1 billion) gets underway.
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July 23, 2024
EU Urged To Give Finance Watchdogs More Powers
A financial trade body on Tuesday called on European Union legislators to give regulators the power to modernize financial markets and make them more globally competitive.
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July 23, 2024
Employees Fight 'Harsh' Penalty In Bad Faith Resignation Test
Three former employees of asset recovery companies urged Britain's top court on Tuesday to reconsider the "harsh" remedy against people who quit their jobs to pursue business opportunities said to belong to their employers, a case with potentially wide implications for "bad faith resignations."
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July 30, 2024
Bird & Bird Hires 2 Ex-Hogan Lovells Finance Pros In Milan
Bird & Bird LLP has recruited two senior finance partners as part of a team of seven lawyers moving from Hogan Lovells in Milan, boosting growth in the firm's international finance and financial regulation practice.
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July 23, 2024
Lloyds Sued Over Payments Linked To Alleged £1.2B Fraud
Lloyds and its Bank of Scotland subsidiary have been hit with a £287 million ($370 million) claim brought by liquidators of the external broadcaster Arena Television for allegedly processing payments linked to an alleged £1.2 billion fraud.
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July 23, 2024
Bond Administrator Enters Liquidation After FCA Restrictions
The Financial Conduct Authority has confirmed that a London-based bond administrator has entered into liquidation nearly a year after the financial watchdog imposed restrictions on the company over "serious concerns" about its systems and controls.
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July 22, 2024
HMRC Wins Appeal Over Taxation Of Partnership Rewards
Financial rewards from a partnership were taxable as income even though they were made at the partnership's total discretion and the partners had no legally enforceable right to receive them, a London court ruled, siding with HM Revenue & Customs.
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July 22, 2024
Derivatives Co. Bids To Reinstate Freeze In Global Fraud Case
International derivatives provider Multibank urged a London appeals court Monday to reimpose an asset freezing order on a German financial services company and its director, arguing that the judge applied the wrong legal tests when deciding whether to lift the restrictions.
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July 22, 2024
NatWest Fends Off Bid To Revive Design School Fraud Case
The Court of Appeal on Monday ruled that the founders of an interior design school could not revive a fraud claim against NatWest because a settlement they penned with the bank prevented the pair from bringing any further claims.
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July 22, 2024
Lending Biz CEO Says Director Forced Him To Transfer Shares
A solicitor has asked a court to unwind a share transfer that he allegedly made under duress to an ex-director and a lawyer with whom he was business, claiming that he had to make the transfer to quash a false fraud allegation.
Expert Analysis
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What Extension Of French FDI Control Means For Investors
The recently published French order on foreign investment control expands the regime's application to more sectors and at a lower threshold of share ownership, illustrating France's determination to maintain sovereignty over its supply chains in sensitive sectors, and adding new considerations for potential investors in these areas, say lawyers at Linklaters.
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What To Expect For Private Capital Investment Funds In 2024
As 2024 gets underway, market sentiment in the private fundraising sphere seems more optimistic, with a greater focus on deal sourcing and operational optimizations, and an increased emphasis on impact and sustainability strategies, say lawyers at Ropes & Gray.
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Cayman Islands Off AML Risk Lists, Signaling Robust Controls
As a world-leading jurisdiction for securitization special purpose entities, the removal of the Cayman Islands from increased anti-money laundering monitoring lists is a significant milestone that will benefit new and existing financial services customers conducting business in the territory, say lawyers at Walkers Global.
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Cos. Should Plan Now For Extensive EU Data Act Obligations
The recently enacted EU Data Act imposes wide-ranging requirements across industries and enterprises of all sizes, and with less than 20 months until the provisions begin to apply, businesses planning compliance will need to incorporate significant product changes and revision of contract terms, say Nick Banasevic, Robert Spano and Ciara O'Gara at Gibson Dunn.
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How Decision On A Key Definition Affects SMEs
The Financial Conduct Authority's decision not to extend the definition of small and midsized enterprises may benefit banks and finance providers in the current high interest rate environment and where SMEs in certain sectors may be under financial pressure in light of the cost-of-living crisis in order to streamline it, says Rachael Healey at RPC.
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What New Digital Sandbox Regs Hold In Store For UK Markets
The recently enacted Digital Sandbox Regulations will be key to incorporating distributed ledger technology into the activities of a central securities depository, but despite being a potentially transformative innovation, a number of considerations may need to be addressed to accommodate the trading, settlement and maintenance of shares, say Tom Bacon and Andrew Tsang at BCLP.
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Why Investment In Battery Supply Chain Is Important For UK
The recently published U.K. battery strategy sets out the government’s vision for a globally competitive battery supply chain, and it is critical that the U.K. secures investment to maximize opportunities for economic prosperity and net-zero transition, say lawyers at Watson Farley & Williams.
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What Extending Corporate Liability Will Mean For Foreign Cos.
Certain sections of the Economic Crime Act enacted in December 2023 make it easier to prosecute companies for economic crimes committed abroad, and organizations need to consider their exposure and the new ways they can be held liable for the actions of their personnel, say Dan Hudson at Seladore Legal and Christopher Coltart at 2 Hare Court.
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A Consequential Moment For Sanctions Activity
It is clear from the U.K. Office of Financial Sanctions Implementation's review of the 2022-2023 financial year that the unprecedented scale of designated persons and the value of assets frozen as a result has placed enormous pressure on OFSI and its partners, say lawyers at Greenberg Traurig.
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ECJ Ruling Triggers Reconsiderations Of Using AI In Hiring
A recent European Court of Justice ruling, clarifying that the General Data Protection Regulation could apply to decisions made by artificial intelligence, serves as a warning to employers, as the use of AI in recruitment may lead to more discrimination claims, say Dino Wilkinson and James Major at Clyde & Co.
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Economic Crime Act Offers Welcome Reform To AML Regime
The Economic Crime and Corporate Transparency Act exemption for mixed-property transactions that came into force on Jan. 15 as part of the U.K.'s anti-money laundering regime is long overdue, and should end economic harm to businesses, giving banks confidence to adopt a more pragmatic approach, say Matthew Getz and Joseph Fox-Davies at Pallas Partners.
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3 Financial Services Hot Topics To Watch In 2024
Technology, ESG and private markets are set to have the greatest impact on financial markets in 2024, as firms grapple with increasing regulatory change and a shifting political backdrop on both sides of the Atlantic, says Matthew Allen at Eversheds Sutherland.
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What Venice Swaps Ruling Says About Foreign Law Disputes
The English appeals court's decision in Banca Intesa v. Venice that the English law swaps are valid and enforceable will be welcomed by banks, and it provides valuable commentary on the English courts' approach toward the interpretation of foreign law, say Harriet Campbell and Richard Marshall at Penningtons Manches.
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Key Litigation Funding Rulings Will Drive Reform In 2024
Ground-breaking judgments on disputes funding and fee arrangements from 2023 — including that litigation funding agreements could be damages-based agreements, rendering them unenforceable — will bring legislative changes in 2024, which could have a substantial impact on litigation risk for several sectors, say Verity Jackson-Grant and David Bridge at Simmons & Simmons.
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How Draft Trading Regs Provide Framework For UK Regime
Representing an important part of the U.K. government's post-Brexit regulatory reform agenda, the most recent draft of the proposed Trading Regulations seeks to provide a framework for a new rules-based regime for regulating public offers of securities and admissions to trading on a U.K.-regulated market, say lawyers at Davis Polk.