HM Treasury published a policy statement on its proposed approach to bringing forward amendments to the onshore Packaged Retail and Insurance-based Investment Products (PRIIPs) regulation to avoid consumer harm and provide the appropriate certainty to industry once the UK ceases to be bound by the EU regime. The proposed amendments target the most pressing concerns with the PRIIPs regulation and are intended to ensure that UK retail investors are provided with more appropriate PRIIPs disclosures. In the longer term, HM Treasury intends to conduct a more wholesale review of the disclosure regime for UK retail investors. HM Treasury plans to bring forward amendments to the onshore PRIIPs regulation to improve the functioning of the PRIIPs regime in the UK when parliamentary time allows.
The PRIIPs regulation sets the requirements for a standardized disclosure document, known as the Key Information Document (KID), that must be provided to retail investors when they purchase particular packaged investment products, known as PRIIPs. The regulation is supplemented by regulatory technical standards laid down in the EU Commission Delegated Regulation 2017/653 (laying out regulatory technical standards) that sets out further detail on the requirements under PRIIPs. The proposed amendments will enable FCA to make supplementary provisions and amendments to these regulatory technical standards with a view to avoiding consumer harm, addressing distortions of competition, and providing the appropriate certainty to industry. HM Treasury intends to make the following changes to the onshore PRIIPs regulation.
- An amendment enabling FCA to clarify the scope of the PRIIPs regulation through the rules. HM Treasury proposes an amendment, which delegates a power to FCA to clarify the scope of PRIIPs through rules. This would enable FCA to address existing, and potentially future, ambiguities in relation to certain types of investment products. The definition of a PRIIP will remain unchanged.
- An amendment to replace "performance scenario" with "appropriate information on performance" in the PRIIPs Regulation. HM Treasury proposes an amendment to replace the term "performance scenario" with "appropriate information on performance" in the PRIIPs regulation. FCA will then be able to amend the regulatory technical standards to clarify what information on performance should be provided in the KID.
- An amendment enabling HM Treasury to further extend the exemption in place for Undertakings for the Collective Investment in Transferable Securities (UCITS) funds. HM Treasury proposes an amendment that delegates power to the Treasury to further extend the exemption for UCITS for up to a maximum of five years. This will enable HM Treasury to consider the most appropriate timing for transition of UCITS funds into any domestic successor; this may result from the planned review of the UK framework for investment product disclosure and bring forward a Statutory Instrument to amend the exemption date in the PRIIPs regulation, as necessary.
Keywords: Europe, UK, Banking, Securities, Insurance, PRIIPs Regulation, PRIIPs, KID, Disclosures, Regulatory Technical Standards, FCA, HM Treasury
Previous ArticleEIOPA Report Identifies Key Financial Stability Risks for Insurers
PRA published the policy statement PS8/21, which contains the final supervisory statement SS3/21 on the PRA approach to supervision of the new and growing non-systemic banks in UK.
EBA published a report that sets out the final draft regulatory technical standards specifying the conditions according to which consolidation shall be carried out in line with Article 18 of the Capital Requirements Regulation (CRR).
EBA updated the list of other systemically important institutions (O-SIIs) in EU.
BCBS published two reports that discuss transmission channels of climate-related risks to the banking system and the measurement methodologies of climate-related financial risks.
UK Authorities (FCA and PRA) welcomed the findings of FSB peer review on the implementation of financial sector remuneration reforms in the UK.
PRA and FCA jointly issued a letter that highlights risks associated with the increasing volumes of deposits that are placed with banks and building societies via deposit aggregators and how to mitigate these risks.
MFSA announced that amendments to the Banking Act, Subsidiary Legislation, and Banking Rules will be issued in the coming months, to transpose the Capital Requirements Directive (CRD5) into the national regulatory framework.
EC finalized the Delegated Regulation 2021/598 that supplements the Capital Requirements Regulation (CRR or 575/2013) and lays out the regulatory technical standards for assigning risk-weights to specialized lending exposures.
OSFI launched a consultation to explore ways to enhance the OSFI assurance over capital, leverage, and liquidity returns for banks and insurers, given the increasing complexity arising from the evolving regulatory reporting framework due to IFRS 17 (Insurance Contracts) standard and Basel III reforms.
ECB published results of the benchmarking analysis of the recovery plan cycle for 2019.