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SEC Survives Initial Challenge in First Enforcement Action Alleging 'Shadow Trading'

The SEC’s focus on shadow trading may mean that the specific prohibitions in a company’s policy may come under greater scrutiny.

ESMA recommends extension of clearing exemption

ESMA recommends a final one-year extension of the clearing exemption for pension scheme arrangements.

Whistleblowing in the workplace – what you need to know

Practical aspects, such as protecting anonymity and the conduct of any internal investigation, are considered, together with specific issues arising in cross-border cases.

Martin Auerbach was featured in Agenda's "Directors Growing More Tolerant of Bad Behavior"

The article discusses the pandemic’s impact on corporate integrity and the growing gap between what business leaders say is important and their actions.

A Framework for Equitable Sharing of Losses Arising from Scams

Financial institutions have the responsibility to protect their customers

The economic substance requirements for Jersey resident partnerships

The Law does not prohibit the outsourcing of activities to other entities, provided the partnership's governing body monitors and retains the ability to control the activities of service providers in Jersey.

GCC Quarterly Review - Q4 2021

This follows the amendment to the SCA’s Resolution No.11/R.M of 2016 regarding the offering and issuance of shares on public markets

Provision of DPT services to the public

Under the Payment Services Act (“PS Act”), entities which provide services relating to DPTs are regulated primarily for money laundering and terrorism financing risk

False Claims Act remains a key DOJ enforcement tool, warns new FCA Guide

Looking forward, developments on the horizon include the prospect of legislative action.

Considerations in relation to commercial landlords: a Jersey perspective

It seems that commercial landlords have been one of the sectors that have been hit hard, especially with some commercial tenants not surviving the downturn.

Proposals for the reform of the Financial Promotion Regime

The UK’s approach to the regulation of financial services recognises the importance of enabling financial services firms to promote their products and services

SEC Proposes Amendments to Form PF and Enhanced Reporting for Private Fund Advisers

Market participants and the general public are invited to comment on the proposed amendments.

Lasting Powers of Attorney Set to Come into Force in Guernsey

The States of Guernsey's decision to introduce and implement the Capacity (Bailiwick of Guernsey) Law, 2020, in several phases was made some time ago, with emphasis being placed on the introduction of LPAs in the first instance.

Shoosmiths signs pledge committing to greener arbitration

Shoosmiths is committed to a net zero emissions future with a target for its operations to achieve this by 2025.

Jersey Resolution Authority goes live

The JRA will set the strategic direction of work on bank resolution, oversee the exercise of its legal duties and obligations, and help raise the international profile of Jersey among international counterparts.

Forthcoming financial services regulatory developments – February and March 2022

In this blog post, we round-up key forthcoming developments in the UK and at EU and International levels in financial services regulation which are expected to happen in February and March 2022.

New UK regulations to promote and facilitate pensions advice

The “stronger nudge to pension guidance” measures, which will come into force on 1 June 2022, will require occupational pension schemes to give customers guidance as a routine

Dutch ultimate beneficial owner registration deadline looms

Businesses face potential fines from the Economic Enforcement Office – a unit within the Dutch tax authority – if they fail to meet the deadline for registration or submit incomplete or inaccurate information.

Ireland to introduce the right to request remote working

The Bill is expected to be finalised and implemented later this year, with plans to develop a code of practice to provide guidance to employers, employees and their representatives on the general principles that apply.

Property Litigation Team in Supreme Court for Key Electronic Communications Appeals

This litigation is therefore significant for both landowners who host, or may be required to host, electronic communications apparatus on their land, as well as Operators themselves.

Government Regulation