Jump to content
  • Featured
    Caroline Sheldon
    Caroline Sheldon

    Sign in to follow this  

    Recent Brexit updates

    For those of you who would love to read another Brexit related article... here is are some of the latest updates- including an interesting update with respect to the temporary permissions regime published in the Netherlands! With less than two months to go until the UK leaves the EU, there has been a lot of recent Brexit related developments in the financial services industry, some of which we look at below. 

     

    THE TEMPORARY PERMISSIONS REGIME

    UK Financial Conduct Authority (“FCA”) has pushed ahead with its “no deal” planning and has opened its Temporary Permissions Regime (“TPR”) notification window to EEA asset management firms and to investment funds marketing in the UK. The TPR will allow firms currently passporting into the UK to continue new and existing regulated business within the scope of their current permissions in the UK for a limited period, while they seek full FCA authorisation, if the UK leaves the EU on “exit day” (11pm on 29 March 2019) without an implementation period in place. It will also allow certain funds to continue temporarily marketing in the UK on the basis of current European marketing passports and rights, with no need for a hiatus before they are able to comply with UK marketing regimes.

     

    The FCA has said that firms should not wait for confirmation of whether there will be an implementation period before they submit their TPR notification, as firms and investment funds that have not submitted a notification within the notification window will not be able to use the regime.

     

    All notifications must be made by the FCA’s Connect online system. The FCA has published a guide for the Connect online system available here.

    The notification window remains open until 28 March 2019. There will not be a fee for making a notification under the TPR. 

     

    THE FINANCIAL SERVICES CONTRACTS REGIME REGULATIONS

    On 8 January 2019, the FCA published a consultation paper, CP19/2, which sets out details of the financial services contracts regime (“FSCR”) and the rules the FCA proposes should apply to firms during the regime. The consultation closed on 29 January 2019.

     

    The FSCR Regulations aim to further reduce the risk of harm associated with an abrupt loss of permission on exit day. This ensures that EEA passporting firms can still fulfil their existing contractual obligations in the UK for a limited period of time, even if they are outside the TPR following the UK’s withdrawal from the EU, provided that firms must satisfy the conditions of the FSCR. This legislation will be relevant for those EEA firms which passport into the UK to carry on a regulated activity who fail to notify the FCA that they wish to enter the TPR or are unsuccessful in securing authorisation at the end of it, but still have regulated business in the UK to run off.

     

    Firms will fall into one of two categories under the FSCR: being supervised run-off (“SRO”)for EEA firms with UK branches or top-up permissions in the UK, and firms who entered the temporary permissions regime but did not secure a UK authorisation at the end, andcontractual run-off (“CRO”) for remaining incoming services firms.

    The SRO will apply to the following firms:

    -          firms currently operating in the UK via a branch;

    -          firms who enter the TPR but exit without securing full UK authorisation; and

    -          firms that currently hold top-up permissions.

     

    As it is the case for firms in the TPR, SRO firms will be deemed to have Part 4A permission for carrying out activities within the scope of their passport as at exit day, to the extent necessary to continue to service pre-existing contracts in the UK. Unlike the TPR, no notification is required for this deemed permission to arise; it will apply automatically. Details of SRO firms will be shown on the Financial Services Register.

     

    The FCA's powers over SRO firms under FSMA will continue to apply; however, the FCA will also cover certain matters which were previously handled by the firms’ home state. In addition, SRO firms will be required to maintain their home-state authorisation in order to benefit from the regime.

    The CRO will apply to firms operating in the UK solely on a services basis (i.e. without a UK branch) that do not enter the TPR and have pre-existing contracts in the UK which would otherwise require a permission in order to service.

     

    CRO firms will be treated as exempt persons and will not be UK authorised. Similarly to the SRO, this exempt status will allow firms to perform regulated activities within the scope of their passport as at exit day to the extent necessary to continue to service pre-existing contracts in the UK after exit day.

    The FSCR will apply for a maximum of 5 years for all contracts, except for insurance contracts which will have a maximum of 15 years. The Treasury may extend these periods, if necessary, based on a joint assessment by the FCA and the PRA.

     

    THE FINANCIAL SERVICES AND MARKETS ACT 2000 (AMENDMENT EU EXIT) REGULATIONS 

    At the end of 2018, HM Treasury has published a draft version of the Financial Services and Markets Act 2000 (Amendment EU Exit) Regulations 2019 (the “SI”). The SI makes a number of amendments to the Financial Services and Markets Act 2000 (“FSMA”) to ensure that the financial services framework continues to operate effectively once the UK leaves the EU, in any scenario. However, the SI is not intended to make substantive policy changes. The amendments to FSMA are set out in part 2 of the Regulations; with regard to FMSA, HM Treasury has highlighted particularly that amendments are being made to:

    -          regulated and prohibited activities (Part 2);

    -          permission to carry on regulated activities (Part 4A);

    -          performance of regulated activities (Part 5);

    -          control of business transfers (Part 7);

    -          control over authorised persons (Part 12); and

    -          provision of financial services by members of the professions (Part 20).

     

    Please click here to view the explanatory information and the draft instrument. 

     

    TEMPORARY PERMISSION REGIME PUBLISHED IN THE NETHERLANDS

    An amendment to current Dutch legislation was published on 4 February 2019 which allows investment firms from the United Kingdom to continue to provide investment services to professional clients in the Netherlands in a no-deal Brexit scenario.

     

    Under an existing third country exemption regime (following from article 10 Exemption Regulation FSA) investment firms based in Australia, the United States of America and Switzerland are exempted from the MiFID licence obligation if they (i) exclusively provide investment services to per se professional clients or deal on own account; and (ii) are subject to regulatory supervision in their home state.

     

    This regime is amended to temporarily expand the exemption to investment firms based in the UK. The Dutch temporary permission regime (“Dutch TPR”) will enter into effect if and when the UK leaves the European Union without a deal and it is expected to last until 01 January 2021.

     

    The Dutch TPR is relevant for investment firms with their registered office in the UK that wish to continue providing investment services to per se professional clients or dealing on their own account in the Netherlands post-Brexit. The Dutch TPR is also of interest to Dutch firms being serviced by UK investment firms as it avoids disruption of current servicing.

     

    Firms wish to pursue this option, they should submit a notification form to the Netherlands Authority for the Financial Markets.

     

    NEXT STEPS

    Preparing for Brexit is challenging- particularly as a result of the uncertainty over what type of deal the UK may be left with when the UK leaves the EU on the 29 March. However, the good news is that different European countries are now preparing for a "no deal" Brexit, with a wave of recent national legislation aiming to ensure both financial and regulatory stability. This should provide UK asset managers with additional time and flexibility to adapt to this new regulatory landscape.

     

    For more information, and any guidance or advice on the impact on Brexit, Cleveland & Co, your external in-house counsel, are here to help- let us know what you think and if you have any queries!

     

     

    DISCLAIMER

    No individual who is a member, partner, shareholder, director, employee or consultant of, in or to any constituent part of Cleveland & Co Associates Limited accepts or assumes responsibility, or has any liability, to any person in respect of this document. Copyright in the materials is owned by Cleveland & Co Associates Limited and the materials should not be copied or disclosed to any other person without the express authorisation of Cleveland & Co Associates Limited. This document is not intended to give legal advice and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and practice in this area. Readers must take specific legal advice on any particular matter which concerns them. If you require any advice or information, please speak to your usual contact at Cleveland & Co Associates Limited.

     

     

    • Like 3


    Sign in to follow this  

    Share this  

    Member Feedback



    Recommended Comments

    Luuk Jacobs

    Posted

    Caroline, we have been working with clients on this and the solution can be quite complicated depending on the set up of the company. One thing though is for sure any asset manager is impacted.

     

    The main solution is to make sales EU based through most likely an Irish/Luxembourg ManCo and branches in other EU countries. That might however involve requesting licenses in Luxembourg and the branch countries. If the asset manager has run their sales out of the UK with staff based in the UK, the impact will be significant and sales staff will need to be moved/transferred to the EU (Blue Bay I think has taken this option and chosen Munich).

     

    If the asset manager at this stage is still asking this question and has not taken any measurements they better brace themselves or hope for the a transition period ie agreement to be signed

    • Like 1

    Share this comment


    Link to comment
    Share on other sites
    Share this  

    Become a member to read more and join the discussion

    Members can read and contribute to discussions

    Join us

    Register now for free access.

    Create your account

    Sign in

    Already a member? Sign in here.

    Sign In Now

  • Our picks

    • With the decorations up, the last order date for Amazon nigh and most of us looking forward to at least a few days break, it’s always a good time to take stock of what’s been achieved over the last 12 months.
       
      For AlgoMe this has been another exciting year.
       
      January started in style with the launch of the AlgoMe Careers mobile app – giving professionals the opportunity to find their next career opportunity on the move.
       
      Then in July we released our Industry Pulse Report – a check on what the industry was thinking about key topics such as Brexit, Pay Gap Reporting, MiFiD II and GDPR. Unfortunately it seems that the uncertainty that the industry was feeling due to Brexit is unlikely to have receded in the intervening period, but it’s good to see progress starting to be made in other areas such as gender and diversity.
       
      In September we launched AlgoMe Community – a place for the Investment / Asset Management industry to come together, providing professionals with ways to grow their knowledge, profile and network. We’d like to say a big thank you to all of the members that have joined and contributed and look forward to continuing growth in 2019.
       
      In November AlgoMe joined the Investment Association, becoming a Fintech member and working closely with Velocity, the Association’s new Fintech accelerator. This is a really exciting initiative and we’re looking forward to doing more with Velocity in the near future.
       
      We also launched our Mentoring matching service in November – designed to help AlgoMe Community members connect with the best individuals within the community to help them to reach their career goals using a simple but intelligent process. If you haven’t already signed up to be a mentor or a mentee, please do spend 5 minutes now and tick off a New Year’s Resolution early.
       
      As we go into the end of the year, we have also launched our survey on Investment Management, Fintech and the future of careers. The impact of Fintech on the industry is going to accelerate rapidly in 2019, but what has been less well documented is the impact on individuals, their careers and the skills they’ll need to succeed in a more digitised environment. We really value the input of our community members, so please spend a couple of minutes filling out the survey and we’ll make sure you’re the first to hear the results early next year.
       
      From me and the AlgoMe team, I wish you all a very happy holiday season and look forward to another year of exciting announcements and change in 2019.
       
      Rob
       
        • Like
      • 0 replies
    • I have always struggled to see a fair reason why employers should be allowed to ask about a potential hire’s current remuneration, other than to give them an advantage in pay negotiations.
      It’s something which can only exacerbate existing pay inequalities and  it’s abolishment can surely only be a positive thing.
      Here the Guardian argues specifically about its impact with regards to the gender pay gap:
      https://www.theguardian.com/commentisfree/2018/aug/23/gender-pay-gap-current-salary-question
      I believe this has already been outlawed in some US states?
      @Jonathan Max - would be interesting to hear the view from HR. 
      • 10 replies
    • The Investment Association recently gave the industry a boost when it announced the launch of Velocity, its FinTech accelerator.  Designed to identify, develop and accelerate best in class firms with innovative solutions, Velocity will champion and facilitate the wider adoption of technology across the industry.
       
      And AlgoMe will be involved in this too, which is why I’m excited to announce we are now a member organisation of the Investment Association as an official FinTech member and have been named a "company to watch" by Velocity.
       
      Challenging Times
      The Investment Management industry faces major challenges and opportunities from forces such as digital technology, pressure on fees and increased regulation, while at the same time there are widespread changes in the workforce and their expectations.
       
      To date, Investment Management has both been fairly insulated from the challenges posed by agile FinTech competitors, but also distant from the opportunities offered by the new technologies and ways of thinking that such companies bring.
       
      Bringing FinTech closer
      Velocity is a fantastic step towards accelerating the adoption of FinTech. It has received support and endorsements from both inside and outside the industry, including from the Chancellor of the Exchequer, Phillip Hammond, who was enthusiastic about the initiative at a recent City event.
       
      To drive change and innovation, the industry needs to connect across different disciplines and areas of expertise, driving new ways of thinking and fostering cultural change.
       
      Without the benefit of emerging FinTechs and their external expertise, it will be hard for incumbents to harness the benefits of emerging technologies such as Straight Through deal Processing (STP), Distributed Ledger Technology (DLT), and Artificial Intelligence (AI) in areas such as risk and compliance, securities trading and investment decision making.
       
      Our Mission
      AlgoMe's mission is to connect the Investment Management industry and empower professionals to manage their careers. Our new product, AlgoMe Community, is placed to become the hub for the discussion between FinTechs and the companies and professionals in the wider Investment Management ecosystem.
       
      Join AlgoMe Community today
       
      AlgoMe Community - community.algome.com
        • Like
      • 0 replies
  • Categories

  • Related Content

    • Colin Ng
      By Colin Ng
      With all the tension and political noise....bit of Brexit humour to lighten the mood :-)
       
      France's Europe minister Nathalie Loiseau has called her cat Brexit
      WWW.STANDARD.CO.UK France’s Europe minister Nathalie Loiseau has told how she calls her cat Brexit as he is “unsure whether he wants to go out or not” when the door is open. “He wakes me up miaowing like mad because he  
    • Luuk Jacobs
      By Luuk Jacobs
      The CSSF says existing Luxembourg-based companies “wishing to receive additional licences or substantially changing operational models to cope with Brexit-related aspects” should speed up their Brexit planning and “submit their applications […] as soon as possible”.
      I am surprised that there are still companies that need to be reminded of this. Independent if you believe that Brexit will happen and if it will be a hard or soft Brexit, I would have thought any company by now would have done their risk assessment and would have put its plans in place ? 
    • Andy Milner
      By Andy Milner
      Our mission at AlgoMe is to connect the Investment Management Industry - the professionals that work in it, as well as the Asset Managers, FinTechs and other organisations that make up the wider industry ecosystem.
       
      That's why we're excited to announce our first cohort of AlgoMe Community Partners - companies that work within Investment Management and share our ethos of working together to address the challenges and opportunities facing the Industry. They will become active participants in the Community, keeping us up to date on their diverse areas of expertise by sharing their insights and events, and helping answer your questions.
       
      On each Partner's profile page you can find out more about the company, see articles published by them, discussions related to them, and a list of associated members.
       
      If your organisation would like to join as an AlgoMe Community Partner, please get in touch via the Community or by email to community@algome.com.
       
       

       
      Velocity is the FinTech Accelerator by the Investment Association, designed to identify, develop and accelerate best in class firms with innovative solutions, facilitating the adoption of technology within asset management. 
       

       
      Cass Business School is one of City, University of London’s five Schools. It’s among Europe’s leading business schools and in the global elite of business schools that hold the gold standard of ‘triple-crown’ accreditation. 
       
      Alongside its MBA, Cass offers a number of Masters courses including an MSc in Investment Management.
       

      Cleveland & Co is a specialist outsourced legal team, with a market leading reputation for providing the highest quality legal services in the investment management sector. 
       

       
      Saffron Robo is a software, services and support company that provides a cloud based, end to end Robo solution designed to offer front-end to back-end functionality, for all product ranges including: EFT’s, Funds, Equities, Bonds and Fixed Income products, via a secure hosted web based solution. 
       

       
      FSTP is an award-winning training and consultancy services company, helping firms in the Investment Management industry improve compliance and governance standards.
       

      ClauseMatch is a regulatory technology company with a unique SAAS offering, that enables financial institutions to streamline regulatory change management through effective organisation of internal policies, standards, procedures, and controls. 

       
      People Risk Solutions is a client-focused Human Resources consultancy, with a passion for improving business performance through the development of high-performing people.
       

      Waymark uses AI to continually monitor and analyse regulatory changes, and makes recommendations to corporate and consultancy clients to ensure compliance. With the ever increasing changes in regulations, WayMark lets firms work smarter and achieve more with existing resource. 
       
       
      We're looking forward to announcing more partners in the near future, so watch this space.
    • Andy Milner
      By Andy Milner
      Cleveland & Co External In-House Counsel are your specialist outsourced legal team.
       
      We have built a market leading reputation for providing the highest quality legal services in the investment management sector.
       
      Based in London, we have worked with a variety of clients globally, ranging from boutique investment firms to some of the market’s leading funds and banks. Our innovative advisory services provide our clients with solutions to all of their in-house legal needs. We work with them to negotiate agreements, launch new funds, deliver strategic projects, structure legal teams, and improve capabilities by providing specialist training courses.
    • Luuk Jacobs
      By Luuk Jacobs
      M&G reveals unexpected Brexit bonus (www.igniteseurope.com)
      Brexit proofing its business has created “counter-intuitive” sales opportunities for M&G, a senior executive at the UK asset manager says
       
      M&G was compelled to transfer almost €40bn of fund assets to new Luxembourg-domiciled funds following the UK’s decision to leave the EU in June 2016. Despite acknowledging that Brexit has been a large undertaking, M&G says it has found a silver lining from the UK’s departure from the single market. Speaking at an event held by the Association of the Luxembourg Fund Industry last week, Micaela Forelli, head of European distribution at M&G, says: “Counter-intuitively it worked really well.”
      Ms Forelli tells Ignites Europe that M&G can “go deeper into Europe and offer a greater breadth of investment opportunities to clients globally” thanks to its new capabilities.
      “It brings our product range in line with our clients’ investment vehicle preferences: [open-ended investment companies] for UK clients and Sicavs for international clients,” Ms Forelli says.
       
       
       
Debug info for admin:
appcms
modulepages
controllerpage
topics/forum ID72
page ID
PHP user agentCCBot/2.0 (https://commoncrawl.org/faq/)
×

We use cookies to give you the best possible experience. If you continue, we’ll assume you are happy with this. For further information, see our Privacy Policy.