Capital markets investor protection

This Overview provides a guide to the Financial Services content within the Capital markets investor protection subtopic, with links to the appropriate materials.

MiFID II conduct of business and investor protection requirements

The recast Markets in Financial Instruments Directive 2014/65/EU (OJ L 173/349) (EU MiFID II) and the Markets in Financial Instruments Regulation (EU) 600/2014 (OJ L 173/84) (EU MiFIR) entered into force on 2 July 2014. The majority of the requirements of EU MiFID II and EU MiFIR had effect from 3 January 2018.

EU MiFID II contains requirements which are relevant to many aspects of capital markets conduct of business and investor protection, including:

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client categorisation
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client agreements
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information provided to clients
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independent advice
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inducements
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research
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investment advice
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suitability and suitability reports
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appropriateness assessments

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Latest Financial Services News

FMSB publishes Final Standard for Client Onboarding: Documentation and Processes

The Financial Markets Standards Board (FMSB) has published its final ‘Standard for Client Onboarding: Documentation and Process’ and related Annexes. The Standard seeks to harmonise the data and documents required from clients, as well as codifying elements of best practice in the interaction between clients and onboarding firms, to create greater efficiency. Drafted to allow onboarding firms to continue to fully apply the UK’s Risk Based Approach to KYC, the Standard provides more granular guidance for the practical implementation of the UK Money Laundering Regulations (UK MLRs). The FMSB will continue to monitor developments in the UK MLRs and other applicable regulation and guidance and update the Standard as required.

BoE welcomes API Panel of Expert recommendations to enhance cross-border payments

The Bank of England (BoE) has welcomed recommendations by the API Panel of Experts (APEX) for the development of payment APIs. The recommendations were published in the October 2024 report to the G20 by the Bank for International Settlements’ Committee on Payments and Market Infrastructures (CPMI): ‘Promoting the harmonisation of application programming interfaces to enhance cross-border payments: recommendations and toolkit’. The BoE views the recommendations and their associated action items as a timely and practical push for increased harmonisation of APIs in cross-border payments which is in line with the objectives of the G20’s cross-border payments programme.

PRA corrects error in Solvency II standard formula mass lapse life underwriting risk rule

The Prudential Regulation Authority (PRA) has published a statement stating that it has identified and rectified an error in the recently published Solvency II restatement of assimilated law. The error was in rule 3B6.6(1) in the Solvency Capital Requirement - Standard Formula (SCR-SF) Part of the PRA Rulebook published in Policy Statement 15/24. The rule incorrectly included a reference to Regulated Activities Order (RAO) Schedule 1, Part II, class III ('Linked long-term') business, which should be subject to a 70% stress for mass lapse life underwriting risk. The rule instrument correcting the error will take effect on 31 December 2024.

FCA publishes Handbook Notice 125

The Financial Conduct Authority (FCA) has published Handbook Notice 125 which describes the changes made to the FCA Handbook and other materials by the FCA Board and its Executive Regulation and Policy Committee under their legislative and statutory powers on 9 December 2024, 13 December 2024 and 19 December 2024. The changes effected through several instruments take effect on various dates commencing on 20 December 2024.

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