Category:Global Regulatory Development

1
Europe: ESMA Publishes Long-Awaited Final Report on ELTIF 2.0 Regulatory Technical Standards
2
Asia: ICMA’s Code of Conduct for ESG Ratings and Data Products Providers – A Step Towards Consistent Global Standards
3
United States: CFTC Proposes Highly Anticipated Guidance on Voluntary Carbon Credit Derivatives
4
Asia: Hong Kong Relaxes “Double Dipping” Restrictions For Large IPOs
5
Europe: Significant Expansion to Corporate Criminal Liability in the United Kingdom
6
Global: ESG Labelling On the Cards for Global Regulation
7
Asia: Hong Kong delays implementation of Listing Rules Amendments for Climate Disclosures to 2025
8
Asia: Tokenisation of SFC-authorised Investment Products: What You Need to Know
9
Asia: MAS Consults on Simplified Regulatory Framework for Fund Managers
10
Australia: ASIC Releases Second Report On Reportable Situations Regime

Europe: ESMA Publishes Long-Awaited Final Report on ELTIF 2.0 Regulatory Technical Standards

By: Gayle Bowen and Shane Geraghty

On 19 December, the European Securities and Markets Authority (ESMA) published its final report setting out draft Regulatory Technical Standards under the amended European Long-Term Investment Funds Regulation.

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Asia: ICMA’s Code of Conduct for ESG Ratings and Data Products Providers – A Step Towards Consistent Global Standards

By: Carolyn Sng and Sook Young Yeu

The International Capital Market Association (ICMA) has released a voluntary code of conduct for ESG ratings and data products providers (the Code), reflecting recommendations by the International Organization of Securities Commissions (IOSCO). The Code is intended to be internationally interoperable and may be used by jurisdictions where no local code or regulation is in place.

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United States: CFTC Proposes Highly Anticipated Guidance on Voluntary Carbon Credit Derivatives

By: Cheryl Isaac and Wiley Cole

On 4 December 2023, the Commodity Futures Trading Commission (CFTC) proposed guidance on the listing of voluntary carbon credit (VCC) derivative contracts. The proposal outlines how designated contract markets (DCMs), which are CFTC-registered derivatives exchanges, may list VCC derivative contracts while complying with statutory “Core Principles” set forth in the Commodity Exchange Act (CEA) and applicable CFTC rules and regulations.

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Asia: Hong Kong Relaxes “Double Dipping” Restrictions For Large IPOs

By: Carolyn Sng and Vincent Tso

The Stock Exchange of Hong Kong (HKSE) has introduced a new exemption to its “double dipping” rule for large IPOs. “Double dipping” refers to a subscription by an existing shareholder (including pre-IPO investors and cornerstone investors) or its close associate for further shares in the IPO, which is restricted by the HKSE on account of the actual or perceived preferential treatment by the issuer for its existing shareholders. This new exemption permits “double dipping” subject to certain size conditions being met, and is effective with immediate effect on 21 November 2023.

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Europe: Significant Expansion to Corporate Criminal Liability in the United Kingdom

By: Dylan Moses, Michael Ruck, Rosie Naylor and Joseph Skilton

Under the new UK Economic Crime and Corporate Transparency Act 2023, organisations that are bodies corporate or partnerships will become criminally liable for the economic crimes of their senior managers. They will also have a new liability (albeit subject to an important defence) for failure to prevent their employees and associates from committing fraud. 

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Global: ESG Labelling On the Cards for Global Regulation

By: Jim Bulling and Laura McFadzean

On 2 November 2023, the Australian Treasury announced a proposal to develop a labelling system for investment products marketed as sustainable in its Sustainable Finance Strategy Consultation Paper.

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Asia: Hong Kong delays implementation of Listing Rules Amendments for Climate Disclosures to 2025

By: Carolyn Sng and Sook Young Yeu

The Stock Exchange of Hong Kong Limited (HKEX) had been consulting on proposals to enhance climate-related disclosures under its environmental, social and governance framework, with a previously proposed implementation date of 1 January 2024. The HKEX announced on 3 November 2023 that the implementation date of the Listing Rules amendments will be postponed to 1 January 2025.

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Asia: Tokenisation of SFC-authorised Investment Products: What You Need to Know

By: Carolyn Sng and Tan Choo Lye

The Securities and Futures Commission of Hong Kong (SFC) has on 2 November 2023 issued guidance for the tokenisation of investment products authorised by it for offer to the public in Hong Kong, such as mutual funds, unit trusts and other collective investment schemes. The SFC is adopting a see-through approach, permitting tokenisation of authorised investment products if the underlying product satisfies all applicable authorisation requirements and additional safeguards are in place to address the new risks associated with tokenisation arrangements. 

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Asia: MAS Consults on Simplified Regulatory Framework for Fund Managers

By: Edward Bennett and Ke Jia Lim

On 24 October 2023, the Monetary Authority of Singapore (MAS) issued a consultation paper on the repeal of the regulatory regime for Registered Fund Management Companies (RFMCs).

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Australia: ASIC Releases Second Report On Reportable Situations Regime

By: Matthew Watts and Rebecca Mangos

The Australia Securities and Investments Commission (ASIC) has released its second report on information lodged under the reportable situations regime for the period 1 July 2022 to 30 June 2023.

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