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Financial Services Regulation 2022 - New Year briefing

The Alpha and Omega of Regulation (via Omicron)?

Having said goodbye to another year of headlines dominated by COVID-19, with a Christmas and New Year overshadowed by a mixture of good and bad news about Omicron, it's not yet clear what degree of optimism about the year ahead is justified. At the very least, it is to be hoped that the World Health Organisation will not find it has to exhaust the Greek alphabet in naming any future new variants of concern.

Delegated acts integrating sustainability into EU AIFMD, EU UCITS and EU MiFID now published

On 2 August 2021 various amending measures were published in the EU Official Journal which will require EU Alternative Investment Fund Managers, EU UCITS management companies and EU MiFID investment firms (including portfolio managers and adviser/arrangers) to integrate sustainability risks and factors into their policies and procedures.

Sustainable Finance Disclosure Regulation (SFDR): Commission Guidance

The European Commission has published its long-awaited guidance regarding some of the Sustainable Finance Disclosure Regulation's (SFDR) known unknowns. The Guidance provides some additional clarity on the application of the SFDR, but unfortunately does not clearly answer all the outstanding questions.

Firms will need to continue to navigate uncertainty in the absence of clear law, guidance or a developed market practice.

Anti-bribery update: SFO enters into £103m DPA with Amec Foster Wheeler

On 1 July, which marks the 10th anniversary of the UK's Bribery Act coming into force, the Serious Fraud Office ("SFO") secured court approval for a Deferred Prosecution Agreement ("DPA") with Amec Foster Wheeler Energy Limited ("AFWEL"). This latest DPA concludes yet another significant multi-year corruption probe and highlights the importance of continued ABC compliance measures for multinational organisations.

EU Sustainable Finance Package – asset managers and large portfolio companies

The European Commission has issued a Sustainable Finance Package comprising the EU Taxonomy Climate Delegated Act and the legislation integrating sustainability risks into the Alternative Investment Fund Managers Directive Delegated Regulation, the MiFID II Delegated Regulation and Delegated Directive and the UCITS Delegated Directive. 

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