This course provides an in-depth understanding of retained EU law in the UK financial services sector, examining the legal and regulatory framework post-Brexit. Participants will explore key EU financial regulations that continue to apply, recent UK reforms, and the implications for financial institutions.
By the end of the course, participants will be able to:
- Understand the legal basis for retained EU law in UK financial services.
- Analyze key EU financial regulations that have been retained in UK law.
- Evaluate ongoing reforms and divergence from EU regulations.
- Assess the impact on regulatory compliance, market access, and financial stability.
- Apply knowledge to real-world regulatory and compliance challenges.
Programme Outline
Module 1: Introduction to Retained EU Law
• Overview of the UK’s withdrawal from the EU
• The European Union (Withdrawal) Act 2018 and its impact
• The concept of Retained EU Law (REUL) and its significance
• The role of UK regulators: FCA, PRA, and the Bank of England
Module 2: Key EU Financial Regulations Retained in the UK
• Markets in Financial Instruments Directive (MiFID II) and MiFIR
• Capital Requirements Regulation (CRR) and Directive (CRD IV/V)
• European Market Infrastructure Regulation (EMIR)
• Solvency II (Insurance regulation)
• Payment Services Directive (PSD2) and Open Banking
Module 3: The Financial Services and Markets Act 2023 (FSMA 2023)
• Overview of the FSMA 2023 and its objectives
• Repeal and replacement of retained EU financial services law
• Increased powers for the FCA and PRA
• Implications for UK financial institutions
Module 4: Divergence from EU Financial Regulation
• Areas where the UK has diverged from EU regulations
• Impact on prudential regulation, investment services, and insurance
• UK’s new Sustainable Finance and ESG framework
• Future regulatory changes and their potential impact
Module 5: UK-EU Market Access & Equivalence
• Loss of passporting rights and its consequences
• The equivalence regime and how it applies to UK firms
• UK’s Overseas Funds Regime (OFR)
• Bilateral agreements and trade deals affecting financial services
Module 6: Impact on Compliance & Risk Management
• New compliance obligations for UK firms
• Changes in reporting and risk assessment requirements
• Case studies on regulatory enforcement actions
• Best practices for adapting to the evolving regulatory landscape