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Ireland
On 31 October 2023, the Screening of Third Country Transactions Act 2023 (the “Act”), which establishes a new foreign direct investment ("FDI") screening regime in Ireland, was enacted.
United Kingdom | Publication | June 2023
A spokesperson for the Regulator has said that the draft statement of strategy for the DB funding code of practice, alongside guidance, is "likely to appear in the autumn".
Speaking at the PLSA Investment Conference 2023, Fred Berry, a lead investment consultant at the Regulator, announced that the organisation and the DWP are currently working on updating the draft Occupational Pension Schemes (Funding and Investment Strategy and Amendment) Regulations 2023, following industry concerns that the regulations appear a lot tighter than the code.
Berry indicated that many areas of concern have been addressed in the draft code itself, noting that the obligations set out in the code are "for the sake of both acknowledging existing good practicing risk management and encouraging others to adopt that risk management in a proportionate manner". He further commented that the Regulator is alert to not wanting to overburden the industry.
However, the WPC’s report on DB schemes with LDI investments, published on June 14, 2023, expresses two fundamental concerns with the new funding regime: firstly that the approach is not sufficient to allow open schemes to thrive and the second is that it will result in a “herding” of investment decisions. It recommends that DWP and the Regulator should halt their existing plans for a new funding regime, at least until they have produced a full impact assessment of its proposals, including the impact on financial stability and on open DB schemes.
Publication
On 31 October 2023, the Screening of Third Country Transactions Act 2023 (the “Act”), which establishes a new foreign direct investment ("FDI") screening regime in Ireland, was enacted.
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The EU Foreign Subsidies Regulation, or FSR, is intended to prevent or remedy distortions of the EU internal market caused by “foreign” – meaning non-EU – subsidies benefitting companies active in the EU.
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The conventional wisdom is that ‘securitisation caused the great financial crisis’ (GFC). A further piece of conventional wisdom is that this was due to the misalignment of incentives between securitisation originators and securitisation investors . This conventional wisdom in turn drove much of the regulation of securitisation we now have.
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