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FCA fines and imposes a restriction on Canara Bank for anti-money laundering systems failings

12 June 2018

Financial services firms are required to maintain robust anti-money laundering (AML) systems and controls, since they are at risk from those seeking to launder the proceeds of crime or to finance terrorism. Between 26 November 2012 and 29 January 2016, Canara failed to maintain adequate AML systems and failed to take sufficient steps to remedy identified weaknesses, despite having been notified of shortcomings in its AML systems and controls.
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New premium listing category for sovereign-controlled companies

12 June 2018

The Financial Conduct Authority (FCA) has today finalised rules creating a new category within its premium listing regime to cater for companies controlled by a shareholder that is a sovereign country. In July last year, the FCA consulted on proposals aimed at encouraging such companies to choose the higher standards of premium listing, rather than standard listing.The FCA thinks there is considerable benefit to investors if corporate issuers agree to meet these additional premium requirements.
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Consultation on Designing an IMF Strategic Framework on Social Spending

11 June 2018

The Independent Evaluation Office of the IMF published a report “The IMF and Social Protection”. While the report recognizes that the Fund has made progress in advancing its engagement on social protection issues, it also notes that there is room to do better. One of the key IEO recommendations was for the IMF to establish a new strategic framework on its engagement on social protection issues. This recommendation was endorsed by the Board and the IMF Management proposed (see Management Implementation Plan) that a paper be prepared for Board discussion by February 2019.
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Mark Dunn

Mark Dunn

Segment Leader for Entity Due Diligence and Monitoring at LexisNexis

Unlocking Beneficial Ownership a Key Concern in New ABC Benchmarking Report

10 June 2018

Rising concern about opaque and suspect third-party corporate ownership structures is a notable finding in the Kroll / Ethisphere 2018 Anti-Bribery and Corruption Benchmarking Report. When senior executives working in ethics, compliance or anti-corruption were asked to rank the reasons that potential third parties failed to meet their companies’ standards, risks associated with beneficial structures rose from fifth to third when compared to the previous year’s survey. While still ranking behind general reputational or integrity concerns, and conflicts of interest, such risks were elevated above questionable relationships with politically exposed persons, and unusual contract and payment structures. About 60 percent of respondents reported that they were concerned or very concerned about beneficial ownership risks associated with their third parties, and only one in five were ‘very comfortable’ with the mechanisms they had in place to address these risks. A similar proportion was minimally or not at all comfortable. Continue reading…

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FCA sets out plans for regulation of claims management companies

08 June 2018

The Financial Conduct Authority (FCA) has published draft rules outlining how it will regulate claims management companies (CMCs) when regulation passes to the FCA on 1 April 2019. Following a review of CMC regulation commissioned in 2015, the Government announced that the FCA would take over regulation of CMCs. Regulation will extend to Scotland, where firms are currently unregulated. The FCA has today set out how it proposes to authorise and supervise firms and the steps it will take should CMCs breach FCA rules.
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What You Need to Know About Luxembourg’s MiFID II Legislation

07 June 2018

by Josée Weydert & Jad Nader

The new act on markets in financial instruments (the “MiFID Act”), transposing Directive 2014/65/EU on markets in financial instruments (“MiFID II”) and implementing Regulation (EU) No 600/2014 on markets in financial instruments (“MiFIR”), was voted into law on 15 May 2018 and published on 30 May 2018. The MiFID Act will enter into force on 4 June 2018. Most issues related to markets in financial instruments are covered by the first part of the MiFID Act, while the provision of investment services will continue to be governed by the Financial Sector Act of 5 April 1993 (the “LFS”), as amended by the second part of the MiFID Act.
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ESMA adopts final product intervention measures on CFDs and binary options

05 June 2018

The European Securities and Markets Authority (ESMA) has formally adopted new measures on the provision of contracts for differences (CFDs) and binary options to retail investors. The measures have been published in the Official Journal of the European Union (OJ) today. They will start to apply from 2 July 2018 for binary options and from 1 August 2018 for CFDs and will apply as follows: (1) Binary Options (from 2 July 2018) – a prohibition on the marketing, distribution or sale of binary options to retail investors; and (2) Contracts for Differences (from 1 August 2018) – a restriction on the marketing, distribution or sale of CFDs to retail investors. This restriction consists of: leverage limits on opening positions; a margin close out rule on a per account basis; a negative balance protection on a per account basis; preventing the use of incentives by a CFD provider; and a firm specific risk warning delivered in a standardised way.
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