Financial Services UK

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Experts See Risks In FCA's Soft-Touch Response To AI

The Financial Conduct Authority has so far failed to detail its rules on artificial intelligence and is moving toward a reliance on companies to self-report, putting it at risk of deferring excessively to the sector it regulates, legal experts say.
July 31, 2024
HSBC Says HUD Has Closed Fair Lending Probe

HSBC's U.S. banking arm said it is no longer facing a multicity fair lending investigation from federal housing authorities after an outside complaint that prompted the probe was withdrawn.
July 31, 2024
FCA Can't Avoid Paying Julius Baer Bankers' Legal Costs

Britain's financial watchdog lost its appeal to avoid paying part of the legal costs for two former employees of Swiss bank Julius Baer accused of acting recklessly and lacking integrity with specific foreign exchange transactions.
July 31, 2024
Indian Businessman Loses Extradition Over $32M Loan Fraud

An Indian businessman accused of defrauding 28.6 million Swiss francs ($32.5 million) from companies in an advance fee fraud scheme lost his chance to challenge the decision to extradite him from the U.K. on Wednesday after a London judge ruled that he could not mount a double jeopardy defense.
July 31, 2024
Dutch Regulators OK Freshfields-Guided Asset Exchange

A Dutch digital asset exchange is touting itself as the first widely accessible and regulated crypto derivatives exchange in Europe after receiving a license from the government of the Netherlands, aided by the guidance of Freshfields Bruckhaus Deringer LLP, the firm has announced.
July 31, 2024
Retired Couple Can't Duck Ex-Solicitor's Forex Deceit Win

A London appellate court ruled Wednesday that a financial advisor and his wife cannot escape liability to compensate a former lawyer over £500,000 ($642,135), after the appellate judge found they were partners in a now-defunct foreign exchange trading scheme.
July 31, 2024
DMH Stallard Adds Tax Atty To London Practice

DMH Stallard LLP hired a tax attorney for its London office who spent more than a decade at HM Revenue & Customs working on compliance and policy, according to a news release.
July 31, 2024
SocGen To Invest €250M In Energy Transition Biz

French-based multinational financial services company Societe Generale said Wednesday that it has agreed to invest €250 million ($271 million) to acquire 75% of alternative asset management company Reed Management SAS as part of its strategy to invest in emerging energy transition companies.
July 31, 2024
SFO Eyes Potential £237M Legal Bill For ENRC Misconduct

The Serious Fraud Office has registered a potential £237.7 million ($305 million) payment to ENRC for damages over findings that its officers encouraged a former partner at Dechert LLP to divulge confidential information about alleged corruption at the Kazakh miner.
July 31, 2024
Budget Cuts 'Jeopardize' Pension Portals, Aegon Warns

The Labour government's decision to cut £50 million ($64 million) from its communication and marketing budget for the next two years could jeopardize the successful rollout of the long-delayed pensions portal program, provider Aegon has warned.
July 31, 2024
Holding Co. Can't Dodge Liability In IP Misrepresentation Feud

A London court has rejected a holding company's bid for a declaration that a cashpoint software business it sold in 2020 owns a disputed set of intellectual property, dashing the company's hopes of shielding itself from potential liability for other shareholders' alleged misrepresentations during the sale.
July 31, 2024
Gov't Plans Backstop Legislation To Tackle Audit Backlog

The new Labour government said Wednesday it is preparing legislation to introduce a statutory backstop as the U.K. faces a growing backlog of audits of local authorities.
July 31, 2024
FCA Maintains Restrictions On London Stone Securities

The Financial Conduct Authority said Wednesday that it will continue to restrict London Stone Securities, preventing the wealth manager from conducting any regulated activities because of serious concerns that it is not delivering good results for clients.
July 31, 2024
Aussie Bank ANZ Acquires Suncorp Unit For $3.2B

Australia and New Zealand Banking Group Ltd. said Wednesday that it has acquired Suncorp Bank for approximately 4.9 billion Australian dollars ($3.2 billion), two years after it signed the deal.
July 31, 2024
Pension Plans Do Minimum ESG Compliance, Watchdog Says

Too many retirement savings plans attain only minimum compliance with environmental, social and governance standards, The Pensions Regulator has said, and urged them to improve their approach.
July 31, 2024
HSBC Unveils $3B Buyback As Profits Remain Stable

Banking heavyweight HSBC said Wednesday that it will line shareholders' pockets with as much as $3 billion after reporting stable profits for the first half of the year in outgoing chief executive Noel Quinn's final earnings report.
July 30, 2024
Consumers Can Appeal Some Blocked UK Mastercard Claims

The United Kingdom's specialty antitrust court gave the go-ahead Tuesday for a partial appeal of its June decision scrubbing as time-barred a swath of claims from a £10 billion ($12.7 billion) class action against Mastercard, while concluding some grounds of appeal have no "real prospect of success."
July 30, 2024
UK Healthcare Ex-Directors Banned For £30M In Unpaid Taxes

Two former directors of a defunct U.K. healthcare company are banned from holding executive positions at any business after failing to pay more than £30 million ($38.5 million) in taxes, the government's insolvency agency said Tuesday.
July 30, 2024
NCA Ducks Litigation Risk In 1st Seizure Of Sanctioned Assets

The decision by the National Crime Agency to secure the forfeiture of the assets of a sanctioned Russian oligarch is a pragmatic victory that avoids the risk of setting a damaging legal precedent, lawyers say.
July 30, 2024
Regulator Highlights Quality Gaps Among Top Auditors

The Financial Reporting Council said Tuesday that there is a widening gap between BDO LLP and Forvis Mazars LLP and the better performance of the Big Four accounting firms for high-quality audits of major U.K. companies.
July 30, 2024
Pension Tax Reform Could Unlock £100B For UK Growth

Changing how pensions are taxed in the U.K. could potentially unlock more than £100 billion ($128 billion) for domestic investment over the next five years, according to a recent analysis by a pensions consultancy.
July 30, 2024
Bank Of England Plans New Scrutiny Of Foreign Banks In UK

The Bank of England's regulatory arm proposed Tuesday new requirements for overseas banks with U.K. operations, to help detect some risks to financial stability that had arisen in the collapsed Silicon Valley Bank UK, sold to HSBC.
July 30, 2024
Pensioner Welfare Cuts Create 'Cliff Edge,' LCP Says

The Labour government's decision to cut annual winter fuel payments worth up to £300 ($385) for retirees not on pension credit or other means-tested benefits will create an unwelcome "cliff edge" for savers, a consultancy has said.
July 30, 2024
StanChart Launches Record $1.5B Share Buyback Program

Standard Chartered PLC unveiled plans on Tuesday to reward investors with its biggest-ever share buyback program worth $1.5 billion as it reported a 20% surge in profits to nearly $4 billion.
July 30, 2024
FCA Could Extend Deadline On Motor Finance Complaints

Britain's financial watchdog is considering whether to extend the deadline for motor finance companies to deal with complaints from customers about commission arrangements while the regulator investigates whether past deals were compliant with a 2021 ban.
July 30, 2024
Pension Firms Meeting Equity Investment Goals, Insurers Say

Pension firms that signed up to an agreement to allocate a minimum of 5% of defined contribution funds to unlisted equities by 2030 have laid "strong foundations" in line with the target, British insurers said Tuesday.

Editor's Picks

UK Draft Pay Fraud Rules Open Tricky Legal Liabilities

The government's new draft legislation, which will give banks longer to investigate suspicions of fraud before they send payments instructed by customers, will create a wave of new legal liabilities and lead to regulatory hurdles, according to lawyers.
FCA Fires Warning Shot Over City's Consumer Duty Failings

The Financial Conduct Authority has sent out a fresh warning to financial services companies highlighting how some of them are failing to comply with its Consumer Duty regime. But experts have told Law360 that the expectations are unclear.
5 Questions for Osborne Clarke Partner Nick Price

The Payment Systems Regulator is due to start forcing payment firms to reimburse victims of scams who have been tricked by a fraudster into transferring them money. Here, Law360 talks to Osborne Clarke partner Nick Price about how this new regime could mean uncertainty about compliance.

Expert Analysis

EU Investment Fund Standards Offer Welcome Clarity

The European Commission’s recently published regulatory technical standards for long-term investments, which granted managers greater flexibility with respect to open-ended European long-term investment funds, should help managers active in the space navigate the mandatory liquidity requirements for long-term investment funds, say Zac Mellor-Clark and Nishkaam Paul at Fried Frank.
Unpacking The New Concept Of 'Trading Misfeasance'

In addition to granting one of the largest trading awards since the Insolvency Act was passed in 1986, the High Court recently introduced a novel claim for misfeasant trading in Wright v. Chappell, opening the door to liability for directors, even where insolvent liquidation or administration was not inevitable, say lawyers at Greenberg Traurig.
Key Takeaways From Proposed EU Anticorruption Directive

The European Commission's anticorruption proposal, on which the EU Council recently adopted a position, will substantially alter the landscape of corporate compliance and liability across the EU, so companies will need to undertake rigorous revisions of their compliance frameworks to align with the directive's demands, say lawyers at Linklaters.
How Regulation Of Tech Providers Is Breaking New Ground

The forthcoming EU regulation on digital operational resilience and the U.K. critical third-party regime, by expanding the direct application of financial services regulation to designated technology providers, represent a significant development that is not to be underestimated, say David Berman and Emily Lemaire at Covington.
What EU Net-Zero Act Will Mean For Tech Manufacturers

Martin Weitenberg at Eversheds Sutherland discusses the European Council’s recently adopted Net-Zero Industry Act and provides an overview of its main elements relevant for net-zero technology manufacturers, including benchmarks, enhanced permitting procedures and the creation of new institutions.
Complying With EU Commission's Joint Purchasing Rules

One year after the European Commission released its revised guidelines on horizontal cooperation agreements, attorneys at Crowell & Moring reflect on the various forms such agreements can take, and how parties can avoid structuring arrangements that run afoul of competition law.
Tips For Implementing EU Sustainability Reporting Guidance

Lawyers at Sullivan & Cromwell discuss the European Financial Reporting Advisory Group’s recently published guidance on double materiality assessments and offer takeaways on achieving a sustainability directive-compliant process that could enhance clarity and consistency among multinational stakeholders.
Why Ukraine Aircraft Insurance Case Failed To Take Off In UK

In Aercap v. PJSC Insurance, the High Court decided the claimants could not avoid an exclusive jurisdiction clause and advance their case in England rather than Ukraine, and the reasoning is likely to be of relevance in future jurisdiction disputes, say Abigail Healey and Genevieve Douglas at Quillon Law.
Labour's 'Fresh Approach' To Tackling Financial Crime

Given newly elected Prime Minister Sir Keir Starmer’s background as a criminal defense lawyer and director of public prosecutions, an administration with strong views on financial crime can be expected, and revenue raising and proceeds of crime recovery are likely to be at the forefront, says Matthew Cowie at Rahman Ravelli.
Unpacking Pressures, Trends Affecting Global Supply Chains

A recent HSBC report reveals a number of trends and challenges for global supply chains in the current uncertain geopolitical landscape, and with constant emerging opportunities, companies that can stay informed, be proactive and adapt to change will be well positioned to succeed, says Michelle Craven-Faulkner at Shoosmiths.
What UK Digital Markets Act Will Mean For Competition Law

The new Digital Markets Act’s reforms will strengthen the Competition and Markets Authority's investigatory and enforcement powers across its full remit of merger control and antitrust investigations, representing a seismic shift in the U.K. competition and consumer law landscape, say lawyers at Travers Smith.
What New UK Labour Gov't Is Planning For Financial Services

Following the Labour Party’s U.K. election win on July 4, the new government has already announced its key missions for economic growth, green investment and tax reform, so affected Financial Conduct Authority-regulated entities should be prepared for change and on the lookout for details, says Rachael Healey at RPC.
Companies Trading In The EU Should Heed Mondelēz Ruling

The European Commission’s recent €337.5 million fine of Mondelēz is the latest decision targeting restrictions on EU cross-border trade, and serves as a warning to companies active in the region to check their contracts and practices for illegal restraints, and to perform audits to ensure compliance, says Matthew Hall at McGuireWoods.
Why Reperforming Loan Securitization In UK And EU May Rise

The recently published new U.K. securitization rules will largely bring the U.K.’s nonperforming loan regime in line with the European Union, and together with the success of EU and U.K. banks in reducing loan ratios, reperforming securitizations may feature more prominently in relevant markets going forward, say lawyers at Morgan Lewis.
What French Watchdog Ruling Means For M&A Landscape

Although ultimately dismissed due to lack of evidence, the French competition authority’s recent post-closing review of several nonreportable mergers is a landmark case that highlights the increased complexity of such transactions, and is further testament to the European competition authorities’ willingness to expand their toolkit to address below-threshold M&As, say lawyers at Cleary.