A Guide to Financial Regulation for Fintech Entrepreneurs

Chapter

Chapter 2: Overview of Financial Services Regulation

2.1 Types of Regulation

2.2 Strands of Regulation

Chapter 3: Regulation in Practice

3.1 Sources of Regulation

3.2 Regulatory Models

3.3 Fintech Regulation

Chapter 4: The Financial Services Industry

4.1 Classic and Corporate Banking

4.2 Specialised Lending

4.3 Investment Banking and Advisory

4.4 Payments

4.5 Asset Management

4.6 Brokerage and Transaction Services

4.7 Insurance

4.8 Others

Chapter 5: Retail Financial Services Products

5.1 Payments and Deposits

5.2 Retail and SME/Mid-market Lending and Credit

5.3 Retail Investments

5.4 Other Products

5.5 Insurance

5.6 Financial Advisory

Chapter 6: Wholesale Financial Services Products

6.1 Wholesale Credit

6.2 Wholesale and Specialist Asset Management

6.3 Primary Markets and Origination

6.4 Sales, Trading, Brokerage, and Exchanges

6.5 Settlement, Custody, and Ancillary Services

6.6 Advisory and Research

Part II: Selected Regulations in Detail

Sheet 1: Alternative Investment Fund Manager Directive

1.1 General

1.2 Authorisation to Market

1.3 Interaction with Regulators

Sheet 2: Anti Money Laundering Directive

2.1 Definition and Scope

2.2 Implementation

2.3 Obligations of All Companies

2.4 Financial Intelligence Units and Cooperation

2.5 Information Requirements on Transfers of Funds

Sheet 3: Bank Recovery and Resolution Directive

3.1 Definition and Scope

3.2 Preparation

3.3 Execution

3.4 Ancillary Regulations

Sheet 4: Cross-Border Payments Regulation

4.1 Definition and Scope

Sheet 5: Consumer Contracts Directive

5.1 Definition and Scope

Sheet 6: Consumer Credit Directive

6.1 Definition and Scope

6.2 Information to Be Provided Before Concluding an Agreement

6.3 Credit Assessment and Credit Databases

6.4 Information to Be Provided with Agreements

6.5 Consumer Rights Under Credit Agreements

6.6 Annual Percentage Rate of Charge (APR)

Sheet 7: Capital Requirements Directives

7.1 General Background on Basel and CRD

7.3 Capital Requirements Overview

7.4 Capital Requirements for Credit Risk

7.5 Capital Requirements for Non-credit Risk

7.6 Leverage Ratio

7.7 Liquidity Risk

7.8 Pillar 3 Disclosure

7.9 Other

Sheet 8: Deposit Guarantee Scheme Directive

8.1 Definition and Scope

Sheet 9: Distance Marketing in Financial Services Directive

9.1 Definition and Scope

9.2 Information Requirements

9.3 Withdrawal and Renewal

9.4 Other

Sheet 10: European Market Infrastructure Regulation

10.1 Definition and Scope

10.2 Central Counterparties

10.3 Trade Repositories

Sheet 11: Electronic Money Directive

11.1 Definition and Scope

Sheet 12: General Data Protection Regulation

12.1 Definition and Scope

12.2 Definition of Data

12.3 Pre-requisites of Data Collection—Purpose and Consent

12.4 Information Requirements

12.5 Rights of the Data Subject

12.6 Data Controller Requirements

12.7 Transfer to Third Countries

12.8 Role of Supervisors

12.9 Liability

12.10 Specific Situations

Sheet 13: Market Abuse Regulation

13.1 Definition and Scope

13.2 Inside Information

13.3 Insider Dealing

13.4 Unlawful Disclosure

13.5 Market Manipulation

13.6 Requirements, Prohibitions, and Fines

13.7 Regulators

Sheet 14: Mortgage Credit Directive

14.1 Definition and Scope

14.2 General Requirements

14.3 Credit Intermediaries and Appointed Representatives

14.4 Pre-contractual Requirements

14.5 Credit Assessment and Credit Databases

14.6 Foreign Currency and Variable Rate Loans

14.7 Arrears and Foreclosure

14.8 Other

Sheet 15: Markets in Financial Instruments Directive

15.1 Definition and Scope

15.2 Authorisation and General Requirements

15.3 Investor Protection

15.4 Trading Venues

15.5 Data Reporting

Sheet 16: Packaged Retail and Insurance-based Investment Products Regulation

16.1 Definition and Scope

16.2 Form and Content

16.3 Provision

16.4 Monitoring, Invervention, Complaints, and Fines

16.5 Technical Provisions

Sheet 17: Payments Services Directive

17.1 Definition and Scope

17.2 Players in the Payment System

17.3 Authorisation and Regulatory Requirements

17.4 Operational Requirements

17.5 Third-party Access

17.6 Liability and Refunds

Sheet 18: Rating Agencies Regulation

18.1 Definition

18.2 Scope

18.3 Registration and Equivalence

18.4 General Operational Requirements

18.5 Structured Finance Ratings

18.6 Unsolicited Ratings

18.7 Disclosure and Transparency

18.8 Role of EBA

Sheet 19: Undertakings for Collective Investment in Transferable Securities Directive

19.1 Key Elements

19.2 Management Companies

19.3 Depositaries

19.4 Investment Policies

19.5 Investor Information

19.6 General Obligations of UCITS’

19.7 Cross-border Distribution and Passporting of Funds

19.8 Regulators and Regulatory Powers

19.9 Other

Sheet 20: Unfair Commercial Practices Directive

20.1 Definition and Scope

20.2 Misleading Practices

20.3 Aggressive Practices

20.4 Enforcement

Appendix A: Important Definitions from European Legal Texts

Appendix B: Abbreviations Used for Legal References

Index

EULA

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