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  •  
    26/02/2024
    England and Wales

    Law Commission’s draft Digital Assets Bill – welcome news for the UK

    Following an extensive consultation and publication of its final report in June 2023, the Law Commission has now published its draft Digital Assets Bill (the “Bill”). The Bill is designed “to ensure that the law remains dynamic, highly competitive, and flexible, so that it can support transactions and other arrangements involving digital asset technology” and aims “to help to achieve the UK Government’s stated goal of the jurisdiction of England and Wales becoming a global hub for digital assets, and in particular, for crypto-tokens and crypto-token systems”.The...
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  •  
    15/02/2024
    Luxembourg

    CSSF publishes updated mo­ney-laun­de­ring/ter­ro­rist financing risk assessment for the private banking sector

    On 7 February 2024, the Luxembourg supervisory authority for the financial sector (Commission de Surveillance du Secteur Financier, “CSSF”) released the updated Private Banking Sub-Sector money laundering/terrorist financing (“ML/TF”) Risk Assessment (the “2023 PBSSRA”).The 2023 PBSSRA pertains to all supervised entities carrying out private banking activities, and in particular to (i) private banks when carrying out asset management services (i.e. custody of financial assets and investment services) and ancillary services (i.e. current account banking, credit...
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  •  
    08/02/2024
    United Kingdom

    UK government publishes delayed update on AI policy

    The UK government has published its delayed response to the consultation accompanying its March 2023 white paper on artificial intelligence (AI). It had been expected by the end of September 2023, but was delayed until after the AI Safety Summit at Bletchley Park in November 2023.The government has not put forward any legislative proposals at this stage and remains committed to a sector-by-sector approach to regulating AI. Instead, the government will continually review whether its approach of issuing non-binding principles to UK regulators remains appropriate, recognising that legislative action...
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  •  
    21/12/2023
    United Kingdom

    Representative proceedings: bifurcation tested in two claims

    Representative proceedings are a potentially powerful class action mechanism in that they can operate on an “opt-out” basis and that they are available for all causes of action.  This can be contrasted with the Collective Proceedings Order procedure, which was introduced in 2015 and which is also an “opt-out” mechanism, but which is only available for claimants for breach of competition law.Although the representative proceedings mechanism has been available in English procedural law for hundreds of years, it has recently gained significant attention following the Supreme...
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  •  
    11/12/2023
    United Kingdom

    UK Fund Tokenisation

    The Investment Association (IA) has published a report with a blueprint for implementing the tokenisation of UK investment funds.The report recommends a phased approach to achieving the ultimate goal of the full investment value chain operating on distributed ledger technology (DLT) via a series of incremental stages.The report is the product of the first stage of this work, and sets out a baseline model for fund tokenisation which could be used within the existing legal and regulatory framework. In this model, the only changes relative to a typical UK investment fund operating today are in the...
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  •  
    03/11/2023
    United Kingdom

    Removal of the Bankers’ Bonus Cap

    Following receipt of responses to their joint consultation paper issued last December (PRA CP15/22 and FCA CP22/28), the PRA and the FCA have now published a policy statement (PS9/23) confirming that the bankers’ bonus cap will be removed. This means that firms will now be able to pay bonuses exceeding 100% of fixed pay (or 200% with shareholder approval). This change has been introduced more quickly than expected - it will apply from 31 October 2023 and applies to performance years ongoing on that date, as well as to future performance years. The main rationale for the quicker than expected...
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