| 1 | A guide to PLC Financial Services' MiFID materials This practice note acts as an index to PLC Financial Services' resources on the Markets in Financial Instruments Directive (2004/39/EC) (MiFID) and its implementing legislation. It links to materials on the UK's implementation of MiFID, the European Commission's review of MiFID and the Commission's legislative proposals to amend MiFID (also referred to as MiFID II or MiFID 2). | Practice note: overview | Maintained |
| 2 | A guide to PLC Financial Services' remuneration materials A guide to the remuneration materials available to PLC Financial Services subscribers. | Practice note: overview | Maintained |
| 3 | An overview of the EU financial services supervisory ... This practice note provides an overview of the EU financial services supervisory framework that formally came into effect on 1 January 2011. The framework is known as the European System of Financial Supervision (ESFS). It consists of: The European Systemic Risk Board (ESRB). The European Supervisory Authorities (ESAs) (which have replaced the previous level 3 "Lamfalussy" committees): the European Banking Authority (EBA); the European Securities and Markets Authority (ESMA); and the European Insurance and Occupational Pensions Authority (EIOPA). The Joint Committee of the ESAs. The 27 EU member state national supervisors. For a quick guide to the ESFS, see Quick guide, EU financial services supervisory framework. The reform of the EU financial services supervisory framework, which resulted in the ESFS, was tracked in Reform of the EU financial services supervisory framework: key developments tracker. This tracker includes key source materials, together with related PLC Financial Services coverage. | Practice note: overview | Maintained |
| 4 | Bank of England: role, governance and financial stability ... An overview of the Bank of England (BoE), focusing on its responsibilities for UK financial stability. It considers the legal status of the BoE, its governance arrangements and the accountability mechanisms that apply to it. The note reflects the reforms made to the BoE's powers and governance made by the Financial Services Act 2012. | Practice note: overview | Maintained |
| 5 | Banking Act 2009: an overview An overview of the key provisions of the Banking Act 2009. The Banking Act was intended to improve the resilience of the UK financial systems, and support financial stability by strengthening depositor protection and providing mechanisms for dealing with banks in financial difficulties. For information on the development of the Banking Act, and the statutory instruments that have been made under the Act, see Legislative tracker: Banking Act 2009. | Practice note: overview | Maintained |
| 6 | Banking Bill: an overview An overview of the key provisions of the Banking Bill. The Bill was designed to improve the resilience of the UK financial systems, and support financial stability by strengthening depositor protection and providing mechanisms for dealing with banks in financial difficulties. The Bill was introduced in the House of Commons and received its first reading on 7 October 2008. It was rushed through Parliament and received Royal Assent on 12 February 2009. For information on the Banking Act 2009, see Practice note, The Banking Act 2009: an overview and Legislation tracker: the Banking Act 2009. | Practice note: overview | 12-Feb-2009 |
| 7 | Basel III: an overview This practice note provides a high-level overview of Basel III, a sequence of major reforms to the Basel II international prudential framework for capital requirements. The note considers the main Basel III reforms agreed in December 2010, as well as the additional capital requirements for global systemically important banks (G-SIBs) agreed in November 2011. For details of other ongoing initiatives being undertaken by the BCBS, see Practice note, Basel Committee on Banking Supervision: ongoing initiatives and for more information on the "Basel 2.5" reforms agreed in July 2009, see Practice note, Basel 2.5: an overview. For details of the EU implementation of the key Basel III reforms, see Practice note, Hot topics: CRD IV. | Practice note: overview | Maintained |
| 8 | BCBS: ongoing initiatives An overview of the main initiatives currently being undertaken by the Basel Committee on Banking Supervision (BCBS) to address issues arising from the financial crisis, following agreement reached on the Basel III reforms in December 2010. For information on initiatives relating directly to the Basel III reforms, see Practice note, Basel III: an overview. | Practice note: overview | Maintained |
| 9 | CRD reform: overview An overview of work carried out by the European Commission to amend the Capital Requirements Directive (2006/48/EC and 2006/49/EC) (CRD). It summarises the proposals in each of the series of major amendments to the CRD, referred to individually as CRD II (2009/111/EC), CRD III (2010/76/EU) and CRD IV, and other amendments made to the CRD since its adoption. For more detailed information on CRD II, CRD III and CRD IV see Practice note, CRD II, Practice note, CRD III and Practice note, Hot topics: CRD IV. | Practice note: overview | Maintained |
| 10 | Derivatives: overview (UK) An overview of derivatives, including an explanation of common types of derivatives, the key documentation and parties. The note also contains a link to a detailed note on derivatives in the United States. | Practice note: overview | Maintained |
| 11 | Document retention toolkit A toolkit to guide users through PLC's UK, US and international content on document retention. It includes materials on retention of employment records, Companies Act 2006 requirements and electronic disclosure. | Practice note: overview | Maintained |
| 12 | FCA Banking Conduct Regime: overview An overview of the Banking Conduct Regime introduced by the FSA on 1 November 2009. | Practice note: overview | Maintained |
| 13 | FSA review of retail banking business regulation This practice note outlines the FSA's proposals to regulate retail banking conduct of business as set out in CP08/19, PS09/6, CP09/20 and Handbook Notice 92. The FSA implemented these proposals on 1 November 2009 when it introduced its new Banking Conduct Regime for retail banks. For more information on this new regime, see Practice note, FSA's Banking Conduct Regime: overview. The key primary source material table in this note contains links to key primary source material and related PLC Financial Services Legal updates. It is not intended to be an exhaustive list of all relevant materials published by interested parties. | Practice note: overview | 31-Oct-2009 |
| 14 | Hot topics, Proposed Regulation on key information ... This note provides an overview of the European Commission's proposed Regulation on key information documents (or KIDs) for investment products, which will introduce a new pan-European pre-contractual product disclosure document for packaged retail investment products (PRIPs). The proposed Regulation is sometimes referred to as the PRIPs Regulation. The development of the KID forms an important part of the Commission's wider package of reforms on the regulation of PRIPs. For more information on the other strands of the Commission's work and the background to its proposals, see Practice note, Hot topics: Packaged retail investment products (PRIPs). | Practice note: overview | Maintained |
| 15 | Hot topics: Bank Recovery and Resolution Directive An overview of the European Commission's proposals for an EU recovery and resolution framework for credit institutions and investment firms and, in particular, its June 2012 legislative proposal for the Recovery and Resolution Directive (RRD) establishing the framework. The key primary source material table in this note contains links to key primary source material and related PLC Financial Services legal updates. It is not intended to be an exhaustive list of all relevant materials published by interested parties. | Practice note: overview | Maintained |
| 16 | Hot topics: Banking Reform Bill A note outlining the progress of the UK government's proposals for the Financial Services (Banking Reform) Bill (also referred to as the Banking Reform Bill). The main aim of the Bill is to give HM Treasury and the relevant regulators powers to implement the recommendations of the Independent Commission on Banking (ICB) on ring-fencing requirements for the banking sector. For more information on the recommendations of the ICB, see Practice note, The Vickers report on banking. The key primary source material table in this note contains links to key primary source material and related PLC Financial Services legal updates. It is not intended to be an exhaustive list of all relevant materials published by interested parties. | Practice note: overview | Maintained |
| 17 | Hot topics: Corporate governance in financial services firms This note provides a brief explanation of why corporate governance is a "hot topic" in the financial services sector, outlines the key UK, EU and international developments in this area, and contains a timeline setting out milestones for future development of these initiatives. The following multi-jurisdictional guide is also available to PLC Financial Services' subscribers: Corporate Governance and Directors' Duties. It brings together a range of information on current cross-border issues and includes country-specific Q&A guides. Each jurisdiction is described in a separate chapter, written by one of the leading firms on the subject in that jurisdiction. | Practice note: overview | Maintained |
| 18 | Hot topics: CRD IV This practice note provides an overview of CRD IV (also referred to as CRD 4 or CRD4), a major package of reforms to the EU's capital requirements regime for credit institutions and investment firms. CRD IV will recast and replace the existing Capital Requirements Directive (2006/48/EC and 2006/49/EC) (CRD) with a new directive and regulation: the CRD IV Directive and the Capital Requirements Regulation (CRR). The main role of CRD IV will be to implement in the EU the key Basel III reforms agreed in December 2010. These include amendments to the definition of capital and counterparty credit risk and the introduction of a leverage ratio and liquidity requirements. For more information on Basel III, see Practice note, Basel III: an overview. For information about the UK implementation of CRD IV and Basel III, see Practice note, Hot topics, UK implementation of CRD IV. The key primary source material table in this document contains links to key primary source material and related PLC Financial Services legal updates. It is not intended to be an exhaustive list of all relevant materials published by interested parties. | Practice note: overview | Maintained |
| 19 | Hot topics: European banking union An overview of the European Commission's proposals for a European banking union for eurozone member states and for other participating member states. The note focuses on the Commission's proposals to establish a single supervisory mechanism (SSM), with the European Central Bank (ECB) carrying out key supervisory tasks for banks established in banking union member states. The key primary source material table in this note contains links to key primary source material and related PLC Financial Services legal updates. It is not intended to be an exhaustive list of all relevant materials published by interested parties. | Practice note: overview | Maintained |
| 20 | Hot topics: LIBOR regulation and enforcement An overview of the UK, EU and international reform of interest rate benchmarks, including the London Interbank Offered Rate (LIBOR). The note includes a discussion of the introduction of regulation for LIBOR under the Financial Services and Markets Act 2000 (FSMA), the further regulation and supervision of LIBOR activities by the Financial Conduct Authority (FCA), and enforcement actions by the FSA and other bodies relating to LIBOR, as well as financial misselling. The note also considers reviews of benchmarks being undertaken by EU and other international bodies. The key primary source material table in this note contains links to key primary source material and related PLC Financial Services legal updates. It is not intended to be an exhaustive list of all relevant materials published by interested parties. | Practice note: overview | Maintained |
| 21 | Hot topics: Packaged retail investment products (PRIPs) This practice note considers the European Commission's proposals on the regulation of packaged retail investment products (PRIPs). The Commission intends to address concerns relating to the way PRIPs are marketed and sold to retail investors and plug holes and inconsistencies in the current complex patchwork of regulation by introducing measures relating to pre-contractual product disclosures and sales practices for PRIPs. The Commission published its legislative proposal for a Regulation on key information documents (or KIDs) for PRIPs in July 2012. For an overview of the proposed Regulation, see Practice note, Hot topics, Proposed Regulation on key information documents for PRIPs. The key primary source material table in this note contains links to key primary source material and related PLC Financial Services legal updates. It is not intended to be an exhaustive list of all relevant materials published by interested parties. | Practice note: overview | Maintained |
| 22 | Hot topics: Proposed Directive on residential mortgages This practice note outlines the European Commission's proposed Directive on residential mortgages and tracks both its progress and related developments. The key primary source material table in this note contains links to key primary source material and related PLC Financial Services Legal updates. It is not intended to be an exhaustive list of all relevant materials published by interested parties. For background to the proposed Directive and a detailed overview of the Commission's review of the EU mortgage markets, see Practice note, Review of the EU mortgage markets. | Practice note: overview | Maintained |
| 23 | Hot topics: UK implementation of CRD IV An overview of how the UK is implementing CRD IV, a major package of reforms to the EU's capital requirements regime for credit institutions and investment firms. It includes details of the work of the FCA, the PRA and HM Treasury, explains which firms will be affected and contains a timeline showing future developments. For information on EU developments relating to CRD IV, see Practice note, Hot topics: CRD IV. | Practice note: overview | Maintained |
| 24 | Hot topics: UK recovery and resolution plans proposals This practice note outlines the progress of the UK regulators' proposals relating to recovery plans and resolution packs (RRPs) (also known as "living wills"). It also considers the FSA's proposals for resolution packs relating to the Client Assets sourcebook (CASS), which now form part of the FCA Handbook. The key primary source material table in this note contains links to key primary source material and related PLC Financial Services legal updates. It is not intended to be an exhaustive list of all relevant materials published by interested parties. | Practice note: overview | Maintained |
| 25 | MiFID: overview In this practice note, Hugh Merritt, Senior Associate at Hogan Lovells, provides an overview of the purpose and key provisions of the Markets in Financial Instruments Directive (2004/39/EC). It covers: MiFID's structure. How MiFID was implemented in the UK. Whom MiFID affects. Key aspects of MiFID for investment firms. The regime for markets. Cross-border activities (that is, the EU passport). | Practice note: overview | Maintained |
| 26 | Reform of European financial supervisory framework: key ... This resources document contains links to key primary source material and related PLC Financial Services legal updates relating to the reform of the EU financial services supervisory framework up to the 1 January 2011. This is the date that the new framework, known as the European System of Financial Supervision (ESFS), became operational. This resources document is not intended to be an exhaustive list of all relevant material. | Practice note: overview | 01-Jan-2011 |
| 27 | Regulatory capital for banks and investment firms: an ... A high-level overview of current regime relating to the regulatory capital of banks and investment firms. It considers why regulators require firms to hold regulatory capital, the sources for the rules relating to this area and key issues concerning the quality and quantity of capital. For information on the Basel III reforms, which will make extensive changes to the requirements relating to the quality and quantity of capital, see Practice note, Basel III: an overview. | Practice note: overview | Maintained |
| 28 | Remuneration tracker: key European developments This resources document identifies and tracks the progress of key regulatory developments at European level relating to remuneration policies and practices in the financial services sector. It contains links to key primary source material and related PLC Financial Services content relating to these developments. However, it is not intended to be an exhaustive list of all European materials relevant to remuneration policies and practices in the financial services sector. For the full range of remuneration materials available to PLC Financial Services subscribers, including trackers, practice notes and articles, see Practice note, A guide to PLC Financial Services' remuneration materials. | Practice note: overview | Maintained |
| 29 | Remuneration tracker: key international developments This resources document identifies and tracks the progress of key regulatory developments at international level relating to remuneration policies and practices in the financial services sector. It contains links to primary source material and PLC Financial Services content relating to these developments. However, it is not intended to be an exhaustive list of all international materials relevant to remuneration policies and practices in the financial services sector. For the full range of remuneration materials available to PLC Financial Services subscribers, including trackers, practice notes and articles, see Practice note, A guide to PLC Financial Services' remuneration materials. | Practice note: overview | Maintained |
| 30 | Remuneration tracker: key UK developments This resources document identifies and tracks the progress of key financial services regulatory developments at UK level relating to remuneration policies and practices in the financial services sector. It contains links to key primary source material and PLC Financial Services content relating to these developments. However, it is not intended to be an exhaustive list of all UK materials relevant to remuneration policies and practices in the financial services sector. For an overview of the full range of remuneration materials available to PLC Financial Services subscribers, including trackers, practice notes and articles, see Practice note, A guide to PLC Financial Services' remuneration materials. | Practice note: overview | Maintained |
| 31 | Remuneration tracker: market practice materials This resources document covers UK, European and international market practice initiatives in response to regulatory measures and concerns relating to financial services sector firms' remuneration policies and practices. It contains links to primary source material and related PLC Financial Services content. However, it is not intended to be an exhaustive list of all market practice materials relevant to remuneration policies and practices in the financial services sector. For the full range of remuneration materials available to PLC Financial Services subscribers, including trackers, practice notes and articles, see Practice note, A guide to PLC Financial Services' remuneration materials. | Practice note: overview | Maintained |
| 32 | 2012 Budget: financial services implications and measures This note provides an overview of the new and ongoing initiatives and measures outlined by the government in the Budget of 21 March 2012 (2012 Budget) that will impact specifically on the UK financial services industry. It also includes reference to the relevant legislation that has been enacted through the Finance Act 2012 to give effect to these measures, as well as related initiatives announced in the 2012 Autumn Statement. For links to tailored PLC practice area updates on the 2012 Budget and comments from leading tax practitioners on what they consider to be the key points of interest for business, see PLC 2012 Budget. | Practice notes | 11-Dec-2012 |
| 33 | Acquisitions Directive An overview of the regime under the Acquisitions Directive (2007/44/EC), sometimes referred to as the Qualifying Holdings Directive or the Change of Control Directive. The Acquisitions Directive was intended to improve the supervisory approval process for mergers and acquisitions in the banking, insurance and securities sectors. The note also considers developments in EU legislation relating to qualifying holdings and changes of control since the adoption of the Acquisitions Directive. For information on the UK implementation of the Acquisitions Directive, see Practice note, UK implementation of the Acquisitions Directive. | Practice notes | Maintained |
| 34 | Activities that can be passported under the BCD This practice note sets out details of activities that can be passported under the recast Banking Consolidation Directive (2006/48/EC) (BCD) and guidance from UK regulatory authorities on the corresponding regulated activities in the UK. | Practice notes | Maintained |
| 35 | Advice and suitability: FCA and FSA enforcement action A tracker providing details of FSA final notices relating to advice and suitability failings in firms that result, in whole or in part, from breaches of Principle 9 of the FSA's Principles for Businesses. The tracker also lists some of the common themes arising from thoseenforcement cases. | Practice notes | Maintained |
| 36 | Are you looking for EU law content on this topic? A practice note explaining where to find EU law content from a topic page. | Practice notes | Maintained |
| 37 | Asset purchase facility: developments tracker The UK government, Bank of England and the regulatory authorities have taken a number of measures to support the banks and the interbank lending market during the current financial crisis. The purpose of this note is to highlight the chronological developments relating to one of the central pieces of this stability package: the Bank of England's Asset Purchase Facility. | Practice notes | Maintained |
| 38 | Bank levy A practice note discussing the details of the bank levy applying from 1 January 2011. | Practice notes | Maintained |
| 39 | Bank payroll tax A note on the bank payroll tax, payable by banks and certain other financial services firms on bonuses paid by them from 9 December 2009 to 5 April 2010. | Practice notes | 11-Jun-2010 |
| 40 | Basel 2.5: an overview This practice note provides an overview of Basel 2.5 (also referred to as Basel II.5), a set of major reforms to Basel II that were agreed in July 2009. The Basel 2.5 reforms included measures relating to securitisation and trading book exposures and are due to be implemented by 31 December 2011. For more information on the Basel III reforms, see Practice note, Basel III: an overview. | Practice notes | Maintained |
| 41 | Basel II: an overview This practice note provides a high-level overview of the Basel II capital adequacy framework. Please note that this note relates only to the Basel II framework as it stood at July 2006. For information on the Basel 2.5 and Basel III reforms, see Practice note: Basel 2.5: an overview and Practice note, Basel III: an overview. | Practice notes | 04-Jul-2006 |
| 42 | Ben Kingsley's banking and investment services columns Ben Kingsley is a partner in Slaughter and May's Financial Regulation Group. On a regular basis, Ben shares with PLC Financial Services subscribers his thoughts on topical developments in the banking and investment services sector. Ben's banking and investment services columns can be accessed from this practice note. | Practice notes | Maintained |
| 43 | BIPRU liquidity regime An overview of the liquidity regime for banks, building societies and certain investment firms under chapter 12 of the Prudential Sourcebook for Banks, Building Societies and Investment Firms (BIPRU 12), which forms part of the FCA and PRA Handbooks. | Practice notes | Maintained |
| 44 | Claims for financial misselling under English law In this practice note, Tom Hibbert, a partner at RPC, outlines the causes of action available to individual investors and corporate bodies against financial institutions for misselling under the common law, regulatory and statutory regimes. This includes complaints to the Financial Ombudsman Service (FOS), claims for breach of statutory duty, claims relating to advice in contract or tort and for misrepresentation. The note also considers possible contractual estoppel and limitation defences. | Practice notes | Maintained |
| 45 | Consultation responses: FSA consultation paper on FSCS ... This tracker sets out links to the key responses to the FSA's July 2012 consultation paper on its review of the Financial Services Compensation Scheme (FSCS) funding model (CP12/16). | Practice notes | 25-Oct-2012 |
| 46 | Consultation responses: MiFID II and MiFID review This tracker contains links to the key responses to the MiFID II legislative proposals and related consultation papers, including those pre-dating publication of the proposals. It includes links to responses from trade and consumer bodies as well as other interested stakeholders, including the FSA and UK government. | Practice notes | Maintained |
| 47 | CP10/28: FSA's mortgage distribution and disclosure ... This practice note outlines the FSA's key proposals for reforming distribution and disclosure in the mortgage market, as set out in its consultation paper, "Mortgage Market Review: Distribution & Disclosure" (CP10/28), which was published on 16 November 2010. CP10/28 forms part of the FSA's ongoing mortgage market review (MMR). For more information on the MMR, see Practice note, Hot topics: FSA's review of its mortgage regime. Please note the law stated date of this practice note. It is not maintained. | Practice notes | 16-Nov-2010 |
| 48 | CRD II This practice note provides an overview of CRD II (2009/111/EC) (also referred to as CRD 2 or CRD2), a directive forming part of a sequence of major amendments of the Capital Requirements Directive (2006/48/EC and 2006/49/EC) (CRD) initiated by the European Commission. CRD II made significant amendments to the CRD in areas including large exposures, hybrid capital instruments, liquidity risk management, securitisations, and cross-border supervisory arrangements. For information about the UK implementation of CRD II, see Practice note, UK implementation of CRD II. | Practice notes | Maintained |
| 49 | CRD III This note provides an overview of CRD III (2010/76/EU) (also referred to as CRD 3 or CRD3), a directive forming part of a sequence of major amendments of the Capital Requirements Directive (2006/48/EC and 2006/49/EC) (CRD) initiated by the European Commission. CRD III makes significant changes to the remuneration structures and capital requirements of credit institutions and investment firms. For information about the UK implementation of CRD III, see Practice note, UK implementation of CRD III. | Practice notes | Maintained |
| 50 | CRD IV: development of the reforms This practice note provides an overview of the development of the CRD IV reforms, a major package of reforms that will recast and replace the existing Capital Requirements Directive (2006/48/EC and 2006/49/EC) (CRD). The note considers the development of the CRD IV reforms before the European Commission published its legislative proposals for CRD IV in July 2011. It also sets out details of certain reform areas originally intended to form part of CRD IV that the Commission has abandoned or deferred. For more information on the ongoing progress of CRD IV, see Practice note, Hot topics: CRD IV. | Practice notes | Maintained |
| 51 | CRD IV: technical standards This practice note provides details of the technical standards to be produced by the European Banking Authority (EBA) and the other European Supervisory Authorities (ESAs) envisaged under the proposed Capital Requirements Regulation (CRR) and the proposed CRD IV Directive. The CRR and the CRD IV Directive comprise the framework legislation for the CRD IV package of reforms that will replace the existing Capital Requirements Directive (2006/48/EC and 2006/49/EC) (CRD). For more information on the legislative progress of CRD IV, see Practice note, Hot topics: CRD IV. | Practice notes | Maintained |
| 52 | CRD IV: the proposed Capital Requirements Regulation This practice note provides an overview of the proposed Capital Requirements Regulation (CRR), which, together with the proposed CRD IV Directive, forms part of the CRD IV package of reforms (sometimes referred to as CRD 4 or CRD4), that will recast and replace the existing Capital Requirements Directive (2006/48/EC and 2006/49/EC) (CRD). The note sets out details of the key reforms that the European Commission intends to introduce through the CRR, including Basel III reforms relating to regulatory capital, counterparty credit risk, and new leverage and liquidity requirements, as well as non-Basel III reforms including remuneration disclosure. For more information on the progress of CRD IV, see Practice note, Hot topics: CRD IV, and for more information on the CRD IV Directive, see Practice note, CRD IV: the proposed CRD IV Directive. | Practice notes | Maintained |
| 53 | CRD IV: the proposed CRD IV Directive This practice note provides an overview of the proposed CRD IV Directive which, together with the proposed Capital Requirements Regulation (CRR), forms part of the CRD IV package of reforms (also referred to as CRD 4 or CRD4), that will recast and replace the existing Capital Requirements Directive (2006/48/EC and 2006/49/EC) (CRD). The note sets out details of the key reforms that the European Commission intends to introduce through the CRD IV Directive, including Basel III reforms relating to capital conservation buffers and countercyclical capital buffers and amendments to the CRD's existing corporate governance and sanctions regime. For more information on the legislative progress of CRD IV, see Practice note, Hot topics: CRD IV, and for more information on the CRR, see Practice note, CRD IV: the proposed Capital Requirements Regulation. | Practice notes | Maintained |
| 54 | Deposit Guarantee Schemes Directive An overview of the Deposit Guarantee Schemes Directive (94/19/EC) (DGSD), which required EU member states to introduce at least one deposit guarantee scheme (DGS) in their jurisdiction to provide protection for depositors and to reduce the risk of bank runs. The note also considers the progress of the European Commission's proposals to reform and recast the DSGD. | Practice notes | Maintained |
| 55 | Development of FSA BIPRU liquidity regime This practice note provides an overview of the development of the FSA's reforms to its liquidity regime and details of anticipated developments concerning the FSA's liquidity requirements. For more information about the liquidity regime, see Practice note, BIPRU liquidity regime. The key primary source material table in this document contains links to key primary source material and related PLC Financial Services legal updates. It is not intended to be an exhaustive list of all relevant materials published by interested parties. | Practice notes | 04-Jul-2012 |
| 56 | DP09/3: FSA's mortgage market review proposals This practice note outlines the FSA's findings from its mortgage market review (MMR) and its proposals for regulatory reform, as set out in its discussion paper entitled: "Mortgage Market Review" (DP09/3), published on 19 October 2009. | Practice notes | 19-Oct-2009 |
| 57 | EU financial services supervisory framework: a quick guide This is a quick guide to the EU financial services supervisory framework that formally came into effect on 1 January 2011. The framework is known as the European System of Financial Supervision (ESFS). It consists of: The European Systemic Risk Board (ESRB). The European Supervisory Authorities (ESAs) (which have replaced the previous level 3 "Lamfalussy" committees): the European Banking Authority (EBA); the European Securities and Markets Authority (ESMA); and the European Insurance and Occupational Pensions Authority (EIOPA). The Joint Committee of the ESAs. The 27 EU member state national supervisors. For a more detailed overview of the ESFS, see Practice note, An overview of the EU Financial Services supervisory framework. The reform of the EU financial services supervisory framework, which resulted in the ESFS, was tracked in Reform of European financial services supervisory framework: key developments tracker. This tracker includes key source materials, together with related PLC Financial Services coverage. | Practice notes | Maintained |
| 58 | European Account Preservation Order: legislation tracker A practice note charting developments relating to the European Account Preservation Order in chronological order. | Practice notes | Maintained |
| 59 | European Commission's EU mortgage markets review This practice note details the various public consultations, policy documents, research studies and other initiatives under the European Commission's review of the EU mortgage markets. It also identifies and considers the follow-up work carried out by the Commission in relation to the EU mortgage markets for the period June 2008 to July 2011. Among other things, the Commission's review has resulted in the publication, on 31 March 2011, of a proposed Directive on residential mortgages. For an overview of the proposed Directive and related developments, see Practice note, Hot topics: Proposed directive on residential mortgages. Please note the law stated date of this practice note. It is not maintained. | Practice notes | 26-Jul-2011 |
| 60 | FCA confirmed industry guidance An outlines the FCA's framework for confirming industry guidance, including: The status and significance of FCA confirmed industry guidance in the supervisory and enforcement context. The process followed by the FCA to confirm industry guidance, and the confirmation criteria. Guidance that has been confirmed. | Practice notes | Maintained |
| 61 | Financial Conglomerates Directive An overview of the key provisions of the Financial Conglomerates Directive (2002/87/EC) (FICOD), also referred to as the FCD or the Financial Groups Directive (FGD). The note also considers amendments made to FICOD since its adoption and likely future revisions to FICOD. | Practice notes | Maintained |
| 62 | Financial Services Act 2010 An overview of the key provisions of the Financial Services Act 2010 (FS Act) which received Royal Assent on 8 April 2010. For further information on the progress of the FS Act prior to Royal Assent, see Legislation tracker: Financial Services Act 2010. | Practice notes | 31-Dec-2011 |
| 63 | Financial Transaction Tax Directive: legislation tracker A practice note charting developments relating to the Financial Transaction Tax Directive in chronological order. | Practice notes | Maintained |
| 64 | FSA's Banking Conduct Regime: post-implementation issues This practice note outlines post-implementation issues arising from the FSA's banking conduct regime, which came into force on 1 November 2009. In a report published in November 2010, the Financial Services Consumer Panel (FSCP) reviewed the regulatory effectiveness of the new regime one year on and called for the FSA to address issues in a number of areas. The FSA has expressed ongoing concerns at the "widespread disengagement" with the regime among banks and building societies. | Practice notes | 31-Dec-2012 |
| 65 | FSA's review of its mortgage regime This practice note outlines the FSA's review of its mortgage regime (known as the mortgage market review or MMR) and tracks key developments up until 31 March 2013. The key primary source material table in this note contains links to key primary source material and related PLC Financial Services Legal updates. It is not intended to be an exhaustive list of all relevant materials published by interested parties. Please note the law stated date of this practice note. It is not maintained. | Practice notes | 31-Mar-2013 |
| 66 | FSMA banking business transfers: choosing the right route A note discussing the advantages, practicalities and procedures of banking business transfers under Part 7 of the Financial Services and Markets Act 2000 (FSMA). | Practice notes | Maintained |
| 67 | FSMA threshold conditions: introduction An introduction to the threshold conditions set out in Schedule 6 to the Financial Services and Markets Act 2000 (FSMA). The threshold conditions are the minimum requirements that both PRA-authorised and FCA-authorised firms need to meet in order to become and remain authorised. | Practice notes | Maintained |
| 68 | Historic practice note on the Banking Consolidation Directive ... This note provides a high level overview of the main provisions of the Banking Consolidation Directive (BCD) (2000/12/EC) which came into force on 15 June 2000. The BCD was recast and substantially amended in June 2006 (2006/48/EC) and makes up one part of the Capital Requirements Directive (CRD) which came into force on 1 January 2007. The CRD has been substially amended since 2007. This practice note relates to the original BCD only. For further information on the CRD, see Practice note, UK implementation of the Capital Requirements Directive. For more information on subsequent reforms to the CRD, see Practice note, CRD reform: overview. | Practice notes | 23-Oct-2006 |
| 69 | HM Treasury review of resolution arrangements for failing ... An overview of HM Treasury's review of resolution arrangements for investment banks and firms. The review, which was carried out under powers granted in the Banking Act 2009, resulted in the introduction, in February 2011, of a special administration regime (SAR) for investment banks and firms. | Practice notes | Maintained |
| 70 | Insurance and banking business transfers: the FSMA regime In this practice note, originally co-authored by Adam Levitt while he was a partner at Herbert Smith LLP, Geoffrey Maddock, a corporate partner at Herbert Smith Freehills LLP, and Barnaby Hinnigan, a senior associate at the firm, explain the regime for transferring insurance business and banking business contained in Part VII of the Financial Services and Markets Act 2000 (FSMA). The tax issues section of this note has been prepared by Howard Murray, a partner in Herbert Smith Freehills LLP's tax group. This note is in the process of being updated by its authors to reflect the new UK regulatory structure that came into effect on 1 April 2013. | Practice notes | Maintained |
| 71 | International Banking This Note discusses the regulation of international banking activities in the US, including: (i) the US activities of foreign banks through representative offices, branches, Edge corporations, and other forms of subsidiaries; and (ii) the foreign activities of US banks through branches, agencies, Edge corporations and other forms of foreign subsidiaries and investments. International banking facilities are also discussed. | Practice notes | Maintained |
| 72 | Investor Compensation Schemes Directive An overview of the Investor Compensation Schemes Directive (97/9/EC) (ICSD), which required EU member states to introduce at least one investor compensation scheme (ICS) in their jurisdictions to provide a harmonised level of protection for investors. The note also considers the progress of the European Commission's proposals to reform the ICSD. | Practice notes | Maintained |
| 73 | Legislation tracker: Banking Act 2009 This legislation tracker monitors the progress of the Banking Act 2009 (Act), which received Royal Assent on 12 February 2009, the various temporary legislative measures put in place before the Act came into effect, and the statutory instruments made, and to be made, under the Act. For an overview of the key provisions of the Act, see Practice note, Banking Act 2009: an overview. | Practice notes | 08-Feb-2011 |
| 74 | Legislation tracker: Financial Services (Banking Reform) Bill This legislation tracker monitors the legislative progress of the Financial Services (Banking Reform) Bill (Banking Reform Bill). It covers the pre-legislative progress of the Bill, as well as its Parliamentary progress from first reading to Royal Assent. For more information on the Banking Reform Bill, see Practice note, Hot topics: Banking Reform Bill. | Practice notes | Maintained |
| 75 | Legislation tracker: Financial Services Act 2010 This legislation tracker monitors the progress of the Financial Services Act 2010 (FS Act) which received Royal Assent on 8 April 2010 and the statutory instruments to be made under the FS Act. For more information on the FS Act, see Practice note, Financial Services Act 2010. | Practice notes | 31-Dec-2010 |
| 76 | LIBOR review and reform: overview for finance lawyers This note provides an overview of the proposals to reform LIBOR, focussing on those aspects that may impact existing and future finance agreements that refer to LIBOR. | Practice notes | Maintained |
| 77 | Listing debt securities in London An overview of the rules and procedures for listing debt securities in London. | Practice notes | Maintained |
| 78 | Mortgage conduct of business regulation: MCOB overview An overview of the FCA's mortgages and home finance conduct of business sourcebook (MCOB). This note also covers some of the recent key thematic work carried out by the FSA and the FCA relating to mortgage regulation. | Practice notes | Maintained |
| 79 | Mortgages and charges over land An overview of mortgages and charges over land (also known as real estate or property). This note describes the types of security that can be created or arise over property, the form and contents of a typical mortgage or fixed charge over property, due diligence and pre-completion issues, potential challenges to security, how security over property is released and a lender's remedies under a mortgage or charge over property. | Practice notes | Maintained |
| 80 | OFT work on personal current accounts and the wider retail ... This practice note provides an overview of some of the OFT's work on the retail banking sector in the past few years. In particular, it outlines the OFT's test case on unauthorised bank overdraft charges, its related market study of personal current accounts (PCAs) and its recent PCA review. | Practice notes | Maintained |
| 81 | Passporting into and out of the UK: an overview An overview of the procedures to be followed by firms wishing to establish branches or provide cross-border services in the European Economic Area (EEA) using passport rights under one of the single market directives. It focuses on the procedures that apply to firms wishing to passport into or out of the UK. | Practice notes | Maintained |
| 82 | Passporting into the UK under the BCD This practice note provides details of how the passporting regime available under the recast Banking Consolidation Directive (BCD) (2006/48/EC) applies to firms passporting into the UK under the BCD from other EEA member states. | Practice notes | Maintained |
| 83 | Passporting out of the UK under the BCD An overview of how the passporting regime available under the recast Banking Consolidation Directive (2006/48/EC) (BCD) applies to firms passporting out of the UK under the BCD into other EEA member states. | Practice notes | Maintained |
| 84 | Passporting under the BCD: general issues An overview of the passporting regime available to credit institutions and financial institutions under the recast Banking Consolidation Directive (2006/48/EC) (BCD). | Practice notes | Maintained |
| 85 | Passporting: UK consumer credit issues An overview of the interaction between the UK's consumer credit regime and passporting rights available under the recast Banking Consolidation Directive (2006/48/EC) (BCD) and the Markets in Financial Instruments Directive (2004/39/EC) (MiFID). The note considers the powers available to the OFT and the FCA in respect of those firms passporting into or out of the UK that use their BCD or MiFID passports to carry out business within the scope of the Consumer Credit Act 1974 (CCA). | Practice notes | Maintained |
| 86 | Payment Services Regulations 2009: Background, scope and ... A note providing an overview of the background to and scope of the Payment Services Regulations 2009 (SI 2009/209) (the PSRs), and explaining some key defined terms, such as: payment services; payment service provider (PSP); payment account; and payment instrument. The PSRs implement the Payment Services Directive (2007/64/EC) (PSD) in the UK. | Practice notes | Maintained |
| 87 | Payment Services Regulations 2009: FCA supervisory ... A note summarising the FCA's supervisory approach to the Payment Services Regulations 2009 (SI 2009/209) (PSRs), including its enforcement powers and complaint handling processes. The PSRs implement the Payment Services Directive (2007/64/EC) (PSD) in the UK. | Practice notes | Maintained |
| 88 | Payment Services Regulations 2009: Information ... A note summarising the conduct of business requirements contained in Part 5 of the Payment Services Regulations 2009 (SI 2009/209) (PSRs). The note focuses on the application of the information requirements on payment service providers (PSPs) under Part 5, including exemptions from the requirements and specific issues relating to framework contracts and single payment service contracts. | Practice notes | Maintained |
| 89 | PRA supervisory model An overview of the approach that the PRA takes to the supervision of PRA-authorised firms (sometimes referred to as dual-regulated firms). This note is part of a series of notes relating to the new UK financial services regulatory structure. For more information, see Practice note, A guide to the new UK financial services regulatory structure: index. | Practice notes | Maintained |
| 90 | Recognised inter-bank payment systems An overview of the regulatory regime that applies to UK inter-bank payment systems under Part 5 of the Banking Act 2009 that have been formally recognised by HM Treasury as having systemic importance. It considers the statutory responsibilities and powers of the Bank of England (BoE), as well as the process for the recognition of inter-bank payment systems. For more information on the Banking Act 2009, see Practice note, Banking Act 2009: an overview. | Practice notes | Maintained |
| 91 | Reforming pay policies and structures to comply with the ... A revised version of the FSA remuneration code came into force on 1 January 2011. Firms within the scope of the revised code need to ensure their remuneration policies and structures to comply with it. This note considers the key actions that each affected firm needs to take to comply with the revised code. | Practice notes | 31-Dec-2010 |
| 92 | Regulated activities: accepting deposits This practice note considers the regulated activity of accepting deposits, together with applicable exclusions and exemptions. | Practice notes | Maintained |
| 93 | Regulated activities: dormant account and reclaim funds An overview of the regulated activities relating to dormant account funds and reclaim funds, which are set out in article 63N of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) (RAO), as well as the applicable exclusions and exemptions. | Practice notes | Maintained |
| 94 | Regulated activities: home reversion and home purchase ... A discussion of the regulated activities relating to home reversion and home purchase plans, together with applicable exclusions and exemptions. | Practice notes | Maintained |
| 95 | Regulated activities: issuing electronic money This practice note discusses the regulated activity of issuing electronic money as well as the exclusions and exemptions that are applicable to it. Please note that the regulation of electronic money has changed. The second Electronic Money Directive (2009/110/EC) (2EMD), which aims to encourage the growth of the electronic money market, was implemented in the UK on 1 May 2011 through the Electronic Money Regulations 2011 (SI 2011/99). For more information on 2EMD, see Practice note, UK implementation of the second Electronic Money Directive. | Practice notes | Maintained |
| 96 | Regulated activities: mortgage-related activities A discussion of the regulated activities relating to mortgages, together with applicable exclusions and exemptions. | Practice notes | Maintained |
| 97 | Revised remuneration code: frequently asked questions A revised version of the remuneration code, then part of the Handbook of the Financial Services Authority (FSA) came into force on 1 January 2011. This note sets out key information about the revised code in a set of frequently asked questions. This note is not maintained and relates to the revised FSA code as it stood in 2011. Since 1 April 2013, the remuneration code (which is still SYSC 19A) has been part of the Handbooks of the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA). A new practice note on the current remuneration code is under development. | Practice notes | 21-Jun-2011 |
| 98 | The Credit Institutions (Reorganisation and Winding Up) ... This note outlines the provisions of The Credit Institutions (Reorganisation and Winding Up) Regulations 2004 (SI 2004/1045), and considers them in the context of European Parliament and Council Directive 2001/24/EC on the reorganisation and winding up of credit institutions. | Practice notes | Maintained |
| 99 | The European Commission's work on retail bank accounts This practice note provides an overview of the European Commission's recent work on retail bank accounts. In particular, it focuses on the Commission's May 2013 legislative proposal for a Directive on payment accounts, which followed a March 2012 consultation. | Practice notes | Maintained |
| 100 | The Liikanen report on banking An overview of the recommendations made by the EU high-level expert group on reforming the structure of the EU banking sector, chaired by Erkki Liikanen. The group published its report (also known as the Liikanen report) in October 2012, making recommendations on reforms to the EU banking sector. These recommendations included mandatory separation of proprietary trading activities and other significant trading activities from deposit banks. The note also considers the responses of EU authorities to the group's recommendations, including the European Commission's May 2013 consultation on banking structural reforms. | Practice notes | Maintained |
| 101 | The special resolution regime An overview of the special resolution regime (SRR) for systemically important firms set out in the Banking Act 2009. For an overview of the Banking Act 2009, see Practice note, Banking Act 2009: an overview. | Practice notes | Maintained |
| 102 | The Vickers report on banking This practice note provides an overview of the recommendations made by the Independent Commission on Banking (ICB), chaired by Sir John Vickers, and subsequent announcements made by the government on whether, and how, it will implement individual recommendations. The ICB made recommendations in September 2011 on reforms to the UK banking sector intended to promote financial stability and competition. These included imposing a ring-fence on banks that provide retail deposit-taking services, additional loss absorbency requirements for the banking sector generally, and discrete measures intended to improve competition in the retail banking market. The government intends for the Financial Services (Banking Reform) Bill to implement the main ICB recommendations including the ring-fencing requirements. For information on the Bill, see Practice note, Hot topics: Banking Reform Bill. | Practice notes | Maintained |
| 103 | Threshold conditions for PRA-authorised firms A note on the threshold conditions that PRA-authorised firms must satisfy in order to become and remain authorised under the Financial Services and Markets Act 2000 (FSMA). | Practice notes | Maintained |
| 104 | Towards an integrated European market for cards, internet ... A practice note charting developments relating to the European Commission's Green Paper, Towards an integrated European market for cards, internet and mobile payments in chronological order. | Practice notes | Maintained |
| 105 | UK implementation of CRD II CRD II (2009/111/EC) (also referred to as CRD 2 or CRD2) is a directive forming part of a sequence of major amendments to the Capital Requirements Directive (2006/48/EC and 2006/49/EC) (CRD). This resources document provides a high-level overview of how the UK authorities have implemented the main CRD II requirements. It also considers current issues relating to the UK implementation of CRD II. For more information about CRD II itself, see Practice note, CRD II. | Practice notes | 30-Nov-2011 |
| 106 | UK implementation of CRD III CRD III (2010/76/EU) (also referred to as CRD3 or CRD 3) is a directive forming part of a sequence of major amendments to the Capital Requirements Directive (2006/48/EC and 2006/49/EC) (CRD). This resources document provides a high-level overview of the UK implementation of CRD III. CRD III made significant changes to the remuneration structures and capital requirements of credit institutions and investment firms, requiring extensive amendments to the FSA's remuneration code. For more information about CRD III itself, see Practice note, CRD III. | Practice notes | 31-Jul-2012 |
| 107 | UK implementation of the Capital Requirements Directive The Capital Requirements Directive (2006/48/EC and 2006/49/EC) (CRD) came into force on 1 January 2007. This practice note looks at how the FSA and HM Treasury have implemented the CRD in the UK. This document sets out the position as at 7 January 2008. For information on subsequent reforms to the CRD and their UK implementation, see Practice note, CRD reform: overview. | Practice notes | 07-Jan-2008 |
| 108 | UK implementation of the Payment Services Directive This practice note outlines the key provisions of the Payment Services Directive (2007/64/EC) (PSD), and its implementation in the UK. The key primary source material table in this document contains links to key primary source material and related PLC Financial Services Legal updates. It is not intended to be an exhaustive list of all relevant materials published by interested parties. | Practice notes | Maintained |
| 109 | UK implementation of the second Electronic Money Directive This practice note outlines the key provisions of the second Electronic Money Directive (2009/110/EC) (2EMD), and its implementation in the UK through the Electronic Money Regulations 2011 (SI 2011/99) (EMRs). Please note that full credit institutions (essentially banks and building societies), credit unions and municipal banks are exempt from requiring authorisation and registration under the EMRs. However, these entities continue to require a Part 4A permission under the Financial Services and Markets Act 2000 (FSMA) if they wish to carry out the regulated activity of issuing electronic money. For more information on this activity, see Practice note, Regulated activities: issuing electronic money. | Practice notes | Maintained |
| 110 | What's Market: M&A Agreements in the Banking Industry A discussion of key provisions in M&A agreements in the banking industry in private acquisitions and public mergers. This Note includes links to recent deals summarized in PLC What's Market and will be updated quarterly. | Practice notes | 31-Mar-2013 |
| 111 | When is a debt instrument not a deposit This practice note explains the exemptions available to debt securities so that they avoid being deposits. | Practice notes | Maintained |