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NEWS
MLex: Financial supervisors across the EU will be able to report the names of natural persons to EuReCA—the European Banking Authority's central database on anti-money laundering and countering terrorist financing. Supervisors can now report to EuReCA serious deficiencies linked to any customer, beneficial owner or member of the management body of a financial institution. This measure is intended to strengthen supervision in the fight against money laundering and terrorist financing in the EU, making it more informed, targeted and effective. The press release follows.
PRACTICE NOTES
This Practice Note considers the powers under sections 339ZH–339ZK of the Proceeds of Crime Act 2002 (POCA 2002) pursuant to which the National Crime Agency (NCA) may obtain information orders against any person in the regulated sector who has submitted a suspicious activity report (SAR). For further information on SARs generally, see Practice Notes: Authorised disclosure, protected disclosure and appropriate consent and Reporting suspicions of money laundering and terrorist financing. Background There are both legal and practical reasons why information orders were introduced. In its action plan for anti-money laundering and counter-terrorist finance, the government first proposed legislating to provide a power for the NCA to oblige reporters to provide information on a SAR where there is a need to do so in order to comply with the requirements of The Fourth Money Laundering Directive 2015/849/EU (MLD4). MLD4 was formally adopted by the Council of the EU (the Council) in May 2015 after lengthy and interesting negotiations. Every Member State was required to transpose MLD4 into national legislation
CHECKLISTS
The Building Safety Act 2022 (BSA 2022) significantly augmented the legal protections available to parties affected by building safety defects. Among other things, it empowered the High Court to make ‘building liability orders’ (BLOs). Under BSA 2022, s 130, BLOs may be granted against parties associated with a party that incurred a ‘relevant liability’ (put broadly, a liability connected with defective building work). The effect of a BLO is that the associated company will become jointly liable, or jointly and severally liable, with that original company. BSA 2022, s 132, permits parties applying for BLOs to seek, from the court, ‘orders for information’ in connection with BLOs (information orders). Specifically, BSA 2022, s 132, allows a ‘prescribed person’ to apply to the High Court for an information order against a ‘specified body corporate’, requiring it to provide specified information or documents relating to parties who are or have at any time in a specified period been, associated with it. For these purposes, a ’prescribed person’ is ‘any person making, or intending to make, an application for a building liability
GLOSSARY
A measure of investment manager skill. The ratio of an investment manager's average active return to active risk. (Variations on this definition also occur.)
PRACTICE NOTES
This Practice Note is a template for a typical request for information (RFI) to compile the information required for drafting a merger notification (the Form CO) to the European Commission (Commission). The Form CO requires extensive information, documents and explanations from the parties. It assumes that a preliminary substantive assessment of the proposed transaction and identification of the relevant markets has already been undertaken. The RFI has been addressed to one party. A similar RFI will have to be addressed to all parties of the transaction. Note—this RFI assumes that a full Form CO (as opposed to a Short Form CO) is required. It needs to be adapted when required to reflect the facts of each transaction. Description of the concentration (Section 1 of the Form CO) NOTE—The notifying parties are required to provide an executive summary of the notified transaction, specifying the parties, the nature of the transaction (for example, merger, acquisition, or joint venture), the activities involved and the markets on which the concentration will have an impact (including the main affected markets)
PRACTICE NOTES
This Practice Note contains a list of sample questions that can be used to obtain information from the parties for the purpose of preparing a merger notice to be submitted to the Competition and Markets Authority (CMA). In practice, parties intending to notify a merger will engage with the CMA’s current notification process, which typically involves submitting a case team allocation form in advance of notification and preparing the draft merger notice by reference to the CMA’s merger notice template. Note—this information request will need to be adapted to reflect the facts of the transaction, the types of products or services involved, the level of existing knowledge about the parties, the relevant markets and the potential effects of the proposed transaction. It should also be tailored to ensure that it captures all information required under the CMA’s current merger notice template. The sample list of questions has been drafted on the basis that it is addressed to the buyer, which is intending to acquire the target. It is also assumed that the parties have
NEWS
The European Commission has issued a request for information (RFI) to Temu under the EU Digital Services Act (DSA), seeking detailed internal documents and data on the measures taken to address the sale of illegal products on its marketplace. This includes information on how Temu mitigates risks related to consumer protection, public health, and the wellbeing of its users. The request also covers details about the platform’s recommender systems and potential risks to users’ personal data. Temu must respond by 21 October 2024.
GLOSSARY
From A-day, this refers to information that must be provided to HMRC automatically, either by prescribed persons and scheme administrators to members and others, or by members and others to scheme administrators.
CHECKLISTS
FORTHCOMING CHANGE: On 24 May 2024, the Digital Markets, Competition and Consumers Bill received Royal Assent, becoming the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and coming partly into force on that date. The unfair commercial practices provisions contained in Part 4, Chapter 1, DMCCA 2024 entered into force on 6 April 2025 and revoked and replaced those terms contained in the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008) from such time. SS 232, 234 and 235 DMCCA 2024 relating to a consumer’s right of redress are not yet in force and CPUTR 2008 will continue to govern a consumer’s right of redress for the time being. The enhanced consumer protection enforcement powers also entered into force on 6 April 2025. Further provisions which are not yet in force include new requirements for subscription contracts (which will remove them from the remit of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134). For further information on the DMCCA 2024, see Practice
GLOSSARY
Part 9 of the CA 2006 gives rights to indirect investors in recognition of the many investors that hold their interest in shares through an intermediary who is the registered shareholder. Information rights are most typically held by those indirect investors or persons nominated by the member of a traded company and include: the right to receive a copy of all communications that a company sends to its members generally or to any class of members that includes the member making the nomination; the right to require copies of accounts and reports; and the right to require a hard copy version of documents or information provided in another form.
PRACTICE NOTES
Information security has become a business-critical issue. It is not something you can tackle in isolation, as there are obvious overlaps with cybersecurity and data protection. This Practice Note sets out a logical process for reviewing and addressing your information security requirements and includes links to relevant Precedents. For more detailed guidance, see Practice Note: How to comply with information security requirements. Identifying what information you hold There are a number of management tools, such as information audits, you can use to identify what information you hold and are legally responsible for. An information audit is a process by which you: • identify and consider all of the information you hold (or are responsible
PRECEDENTS
1 Introduction 1.1 We treat confidentiality and data security extremely seriously. 1.2 The purpose of this policy is to: 1.2.1 protect against potential breaches of confidentiality and failures of integrity or availability of information; 1.2.2 ensure our information assets and IT facilities are protected against damage, loss or misuse; 1.2.3 support our data protection policy in ensuring all staff are aware of and comply with applicable law and our own procedures applying to the processing of personal data; 1.2.4 increase awareness and understanding in the firm of the requirements for information security and the responsibility of staff to protect information they handle. 2 Roles and responsibilities 2.1 Information security concerns all staff. However, the [state who] has overall responsibility for information management and security issues in the firm, including: 2.1.1 monitoring and implementing this policy; 2.1.2 monitoring potential and actual security breaches; 2.1.3 ensuring staff are aware of their responsibilities; 2.1.4 ensuring compliance with the requirements of the UK General Data Protection Regulation (UK GDPR) and other relevant legislation and guidance. 2.2 Every member of staff is responsible for ensuring information held is accurate and kept confidential and that the terms of this policy are adhered to. 2.3 The [insert, eg Head of