Norton Rose Fulbright

Norton Rose Fulbright is a global law firm. We provide the world’s preeminent corporations and financial institutions with a full business law service. We have more than 4000 lawyers based in more than 50 cities across Europe, the United States, Canada, Latin America, Asia, Australia, Africa and the Middle East.

Representations and Warranties Insurance and COVID-19 Considerations

By Jamie Parker

September 29, 2020

The use of representations and warranties insurance (RWI) has grown dramatically in recent years as buyers (and to a lesser extent, sellers) have increasingly relied on RWI to allocate risks and provide other benefits in M&A transactions. The COVID-19 pandemic and its economic impacts have led to significant uncertainty for buyers, as well as for the RWI insurers underwriting their transactions. However, as we have grown more knowledgeable about the effects of the pandemic, both…

Financial services: Regulation tomorrow

New briefing note: UK Government proposals to strengthen the Modern Slavery Act

By Stuart Neely (UK), Patrick Bourke & Sarah Greenwood (UK)

September 29, 2020

On 22 September 2020, the UK Government published its response to a 2019 consultation on potential options for strengthening section 54 of the Modern Slavery Act 2015 (the MSA), which requires certain commercial organisations to publish a slavery and human trafficking (SHT) statement on an annual basis. Of most interest to businesses will be the UK Government’s commitment to amend section 54(5) of the MSA such that the matters to be addressed in an organisation’s…

Financial services: Regulation tomorrow

Hot topics in risk and regulation: Consumer vulnerability in retail finance services

By John Coley (UK) & Iain Hawthorn

September 29, 2020

In this new video series, our Risk Consulting team provide their insights on hot topics in the world of risk and regulation. In the first video John Coley and Iain Hawthorn discuss consumer vulnerability in retail financial services, a topic which has been brought into even sharper focus with the onset of the COVID-19 pandemic.…

Financial services: Regulation tomorrow

ESMA publishes draft rules for third-country firms under the new MiFIR and MiFID II regimes

By Simon Lovegrove (UK)

September 28, 2020

On 28 September 2020, the European Securities and Markets Authority (ESMA) published a final report containing draft regulatory and implementing technical standards (RTS and ITS) on the provision of investment services and activities in the EU by third-country firms under MiFIR and MiFID II. The draft technical standards are published following the changes to the MiFIR and MiFID II regimes for the provision of investment services and activities in the EU by third-country firms, introduced…

Financial services: Regulation tomorrow

ESMA consults on fees for benchmarks administrators under BMR

By Hannah Meakin (UK)

September 28, 2020

On 25 September 2020, the European Securities and Markets Authority (ESMA) issued a consultation paper on fees for benchmarks administrators under the Benchmarks Regulation (BMR). Article 5 of the BMR (as amended) provides ESMA with new direct supervisory powers. In particular, the amended BMR designates ESMA as the competent authority of both administrators of critical benchmarks, as referred to in points (a) and (c) of Article 20(1) of the BMR, and of third country administrators…

Financial services: Regulation tomorrow

EBA launches 2020 transparency exercise

By Jochen Vester (UK)

September 28, 2020

On 25 September 2020, the European Banking Authority (EBA) launched its 7th annual EU-wide transparency exercise, with the objective of providing market participants with updated information on the financial conditions of EU banks as of June 2020, thus assessing the preliminary impact of the COVID-19 crisis on the sector. The EBA expects to publish the results of this exercise at the beginning of December, along with the Risk Assessment Report.…

Financial services: Regulation tomorrow

ESMA to recognise three UK CCPs from 1 January 2021

By Hannah Meakin (UK)

September 28, 2020

On 28 September 2020, the European Securities and Markets Authority announced that three central counterparties (CCPs) established in the UK – ICE Clear Europe Limited, LCH Limited, and LME Clear Limited – will be recognised as third country CCPs (TC-CCPs) eligible to provide their services in the EU, after the end of the transition period following the withdrawal of the UK from the EU on 31 December 2020. The three UK CCPs have submitted to…

Financial services: Regulation tomorrow

COVID-19: FCA and PRA update information on key workers and working from home

By Simon Lovegrove (UK)

September 28, 2020

On 24 September 2020, the FCA updated its web page on ‘Key workers in financial services’. The web page reminds financial services firms that it remains important for them to continue to identify and monitor key workers to ensure that firms respond effectively in the event of further local or national lockdowns. The FCA also reminds firms that they themselves are best placed to decide which staff are essential for the provision of…

Global Workplace Insider

Discrimination dans un processus d’embauche ou exigence professionnelle justifiée : la Cour d’appel rappelle les principes applicables

By Bourget-Rousseau Antoine

September 28, 2020

Au Québec, la Charte des droits et libertés de la personne[1] (la Charte) interdit notamment aux employeurs, dans le cadre de leurs processus d’embauche, d’exercer de la discrimination en se fondant sur le handicap des candidats. Cette interdiction de discriminer dans l’embauche comporte toutefois une exception importante : l’exigence professionnelle justifiée. L’article 20 de la Charte stipule en effet qu’une distinction, exclusion ou préférence fondée sur les aptitudes ou qualités requises par un emploi est…

Special Situations Law

Dialing In: Adapting to Virtual Shareholder Meetings

By Jenny Ng (Toronto)

September 28, 2020

The Shift to a Virtual World The COVID-19 pandemic has altered and changed many familiar corporate operational and governance practices and norms, including how issuers host their annual general meetings (AGMs). Broadridge Financial Solutions reported hosting 300 virtual meetings in 2019 and approximately 1500 virtual meetings this year thus far. In place of in-person only AGMs, issuers have two options: (1) hybrid AGMs that provide both virtual and physical meeting platform options and (2) virtual-only…

Norton Rose Fulbright

Norton Rose Fulbright Blogs

Blog Authors

Representations and Warranties Insurance and COVID-19 Considerations

New briefing note: UK Government proposals to strengthen the Modern Slavery Act

Hot topics in risk and regulation: Consumer vulnerability in retail finance services

ESMA publishes draft rules for third-country firms under the new MiFIR and MiFID II regimes

ESMA consults on fees for benchmarks administrators under BMR

EBA launches 2020 transparency exercise

ESMA to recognise three UK CCPs from 1 January 2021

COVID-19: FCA and PRA update information on key workers and working from home

Discrimination dans un processus d’embauche ou exigence professionnelle justifiée : la Cour d’appel rappelle les principes applicables

Dialing In: Adapting to Virtual Shareholder Meetings

Stay Connected

Company

Products

Support

New to the Network

Norton Rose Fulbright Blogs

Blog Authors

Latest from Norton Rose Fulbright