• Daily News Headlines – 7 May 2020

    Circular to Licensed Corporations and Associated Entities - Anti-Money Laundering / Counter-Financing of Terrorism Early Alert on United Nations Sanctions

    SFC, 6 May 2020

    The sanctions committee of the United Nations Security Council (“UNSC”) which administers the sanctions regime for the Central African Republic amended the details of one individual on its sanction list on 5 May 2020 (New York time).  Please refer to the relevant press release issued by the UNSC in Attachment 1 and the updated sanctions list in Attachment 2.

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    ESMA extends four trade repositories registrations to include Securities Financing Transactions Reporting

    ESMA, 6 May 2020

    The European Securities and Markets Authority (ESMA), the EU’s securities markets regulator, has approved the extension of registrations of four trade repositories (TRs) to include securities financing transactions (SFT) reporting under the Securities Financing Transactions Regulation. The TRs concerned are DTCC Derivatives Repository plc, UnaVista TRADEcho B.V., Krajowy Depozyt Papierów Wartościowych S.A. and REGIS-TR S.A. with effect from 7 May 2020.

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    ESMA reminds firms of Conduct of Business Obligations under MIFID II

    ESMA, 6 May 2020

    The European Securities and Markets Authority (ESMA), the EU’s securities markets regulator, is issuing a Public Statement on the risks for retail investors when trading under the highly uncertain market circumstances due to the COVID-19 pandemic. ESMA also reminds investment firms of the key conduct of business obligations under MiFID when providing services to retail investors.

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    ESMA consults on sme growth markets

    ESMA, 6 May 2020

    The European Securities and Markets Authority (ESMA), the EU’s securities markets regulator, has today launched a consultation on the functioning of the Small and Medium-sized enterprises (SME) Growth Market regime in the European Union (EU) and on two draft technical standards, introduced by the amendments to the Market Abuse Regulation (MAR) for the promotion of the use of SME Growth Markets.

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    FCA secures orders for victims of unauthorised share scheme

    FCA, 6 May 2020

    Following an investigation by the Financial Conduct Authority (FCA), the Court ordered that:

    - The directors of Our Price Records (OPR), Lee Skinner and Karen Ferreira, should pay £3,619,352 and £2,792,889 respectively in restitution for their roles in the unlawful promotion of OPR shares to the public. The Court also found that Mr Skinner was aware that OPR was making false or misleading statements and dishonestly concealing material facts in its promotional material.

    - Marketing agents Clive Mongelard (aka Clive Harris), Tyrone Miller and Venor Associates Ltd (“Venor”), who operated under the name “Gemini”, are jointly and severally liable to pay £1,207,050 in restitution for their roles in the unlawful promotion of OPR shares and for arranging for investors to acquire shares in OPR without authorisation. The Court also found that Venor advised investors on the merits of acquiring shares in OPR without authorisation and made false or misleading statements to consumers. Mr Mongelard was found to be involved in these breaches.

    - The FCA may not recover a total sum from all the Defendants greater than the total investor losses of £3,619,352.

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    Guidelines on The Securities and Futures (Offers of Investments) (Temporary Exemption From Sections 277(1)(c) and 305B(1)(b)) Regulations 2020

    MAS, 6 May 2020

    Guidance on the publication of an electronic version of an offer information statement and inclusion of cautionary statements in relation to offers of securities, securities-based derivatives contracts or units in collective investment schemes made in reliance on sections 277 or 305B of the Securities and Futures Act, read with the Securities and Futures (Offers of Investments) (Temporary Exemption from Sections 277(1)(c) and 305B(1)(b)) Regulations 2020

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    Electronic Dissemination of Rights Issue and Take-over Documents Allowed Until 30 September 2020

    MAS, 6 May 2020

    The Monetary Authority of Singapore (MAS), the Securities Industry Council (SIC) and the Singapore Exchange Regulation (SGX RegCo) have today introduced temporary measures to allow with immediate effect until 30 September 2020 [1] , listed  issuers and parties involved in rights issues and take-over or merger transactions the option to electronically disseminate Offer Documents through publication on SGXNET and their corporate websites. There is thus no need to despatch hardcopy Offer Documents as required under the Securities and Futures Act, the Singapore Code on Take-overs and Mergers, and the SGX Listing Rules.

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    SEC Directs Equity Exchanges and Financial Industry Regulatory Authority to Improve Governance of Market Data Plans

    US SEC, 6 May 2020

    The Securities and Exchange Commission today issued an order directing the equity exchanges and the Financial Industry Regulatory Authority (FINRA) (the participants) to submit a new National Market System plan (NMS plan) with a modernized governance structure for the production of public consolidated equity market data and the dissemination of trade and quote data from trading venues.

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    SEC Charges Bloomberg Tradebook for Order Routing Misrepresentations

    US SEC, 6 May 2020

    The Securities and Exchange Commission today filed settled charges against registered broker-dealer Bloomberg Tradebook LLC for making material misrepresentations and omitting material facts about how the firm handled certain customer trade orders.

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