by Victoria Smith | 2022-08-03 | Our Thinking
On 29 April 2021, the Financial Services Act 2021 (the “FSA 2021”) received Royal Assent. The main purpose of the FSA 2021 is to set forth a regulatory framework for financial services in the United Kingdom (“UK”) fit for today’s world. Following the wave of changes...
by Vicki McEwan | 2022-07-27 | Our Thinking
On 18 July 2022, the Financial Conduct Authority (“FCA”) published its Handbook Notice No.101, addressing the changes to its Handbook (the “Handbook”), along with relevant consultation feedback. The following instruments were introduced on the 23 June and 15 July...
by Victoria Smith | 2022-07-20 | Our Thinking
background The European Commission (“EU Commission”), the European Securities and Market Authority (“ESMA”) and the European Supervisory Authorities (“ESA”) have recently published new (and eagerly anticipated) guidance for fund management companies on...
by Victoria Smith | 2022-07-12 | Our Thinking
On 16 May 2022, the European Parliament issued its draft report (“Report”) on the European Commission’s (“EC”) proposals to amend the existing Alternative Investment Fund Managers Directive (“AIFMD”). The Report, which reflects stakeholder feedback, seeks to align...
by Victoria Smith | 2022-06-30 | Our Thinking
On 16 June 2022, the Full Federal Court of Australia in LCM Funding Pty Ltd v Stanwell Corporation Limited [2022] FCAFC 103 (‘LCM’) held that funded class actions are no longer considered to be managed investment schemes (“MIS”) for the purpose of the Corporations Act...
by Victoria Smith | 2022-06-27 | Our Thinking
The High Court recently handed down a 200-page judgement in the case of Ivy Technology Ltd v Martin [2022], following a two-week trial. The High Court considered whether a seller of shares under a share purchase agreement (“SPA”), pursuant to which it purported to...
