Corporate & Financial Weekly Digest

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The Securities and Exchange Commission is seeking comment on a proposed rule change filed by the Financial Industry Regulatory Authority (FINRA) to adopt FINRA Rule 3241 (Registered Person Being Named a Customer’s Beneficiary or Holding a Position of Trust for a Customer). The proposed rule would create a uniform, national standard to govern registered persons holding positions of trust. The comments period expires July 30, 2020. The Federal Register notice is available here.…
The Financial Industry Regulatory Authority (FINRA) issued an FAQ on whether FINRA Rule 3220 (Influencing or Rewarding Employees of Others) and the non-cash compensation provisions of FINRA Rules 2310, 2320, 2341 and 5110 would prohibit an associated person from hosting a virtual business entertainment event and providing food and beverage to the employees of an institutional customer or third-party broker-dealer. The non-cash compensation rules provide that business entertainment provided by member firms to their clients…
Katten hosts a weekly, 15-minute fireside chat podcast series on notable UK and European developments from the prior week’s Corporate & Financial Weekly Digest. This week, Carolyn Jackson covers the Commodity Futures Trading Commission’s approval of the final cross-border swaps rule, including a discussion of the CFTC’s revised rules applicable to non-US swap dealers that use US personnel to arrange, negotiate or execute swaps with non-US persons; James Gledhill, a trainee solicitor in the London office,…
On July 24, the European Commission adopted a set of measures to help facilitate bank lending to households and businesses throughout the EU (the Measures). The Measures aim to make it easier for capital markets to support EU businesses in their recovery from the COVID-19 pandemic by encouraging greater investments in the economy, allowing for the rapid recapitalization of companies and increasing banks’ capacity to finance the recovery.…
On July 28, the European Securities and Markets Authority (ESMA) published an updated version of its opinion on determining third-country trading venues (TCTVs) for the purpose of post-trade transparency under the revised Markets in Financial Instruments Directive (MiFID II) and the Markets in Financial Instruments Regulation (MiFIR) (the Opinion).…
On July 28, the European Securities and Markets Authority (ESMA) published a statement confirming that it is working on a proposal to delay the enactment of the Central Securities Depositories Regulation (CSDR) settlement discipline regime until February 1, 2022 due to the impact of the COVID-19 pandemic and subsequent request from the European Commission (the Statement). The Statement is available here.…
On July 22, the Securities and Exchange Commission announced the adoption of amendments (the Amendments) to the SEC’s rules governing proxy solicitations that are intended to “facilitate the ability of those who use proxy voting advice — investors and others who vote on investors’ behalf — to make informed voting decisions without imposing undue costs or delays that could adversely affect the timely provision of proxy voting advice.” The Amendments represent a modified version of…