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The FCA reforms the financial promotion rules for high‑risk investments and for firms approving financial promotions
Following on from its January consultation paper, the FCA has published a policy statement and final rules (Rules) on reform to the UK's financial promotion rules.
Financial promotions – in the form of invitations or inducements to engage in certain controlled investment activities – can only be communicated within or into the UK by, or with the approval of, a UK-regulated firm unless an exemption applies. This rule is known as the "financial promotion restriction" and is set out in section 21 of the Financial Services and Markets Act 2000 (FSMA). Read more
Our previous blogpost mentioned the recent red alert on sanctions evasion typologies issued by various law enforcement and financial sector partners. In this post we look at this update in more detail to identify potential indicators of sanctions evasion, and the steps that the alert indicates that financial sector and other anti-money laundering ("AML") regulated firms should be taking in this regard. Read more
The Law Commission of England and Wales has published a consultation paper (the Paper) on the recognition and protection of digital assets. The consultation, which closes on 4 November 2022, focuses on the legal treatment of digital assets and recommends law reform to create a third category of personal property – referred to as "data objects" – beyond things (or "choses") in possession (such as physical objects) and things in action (such as contractual rights). Read more
The FCA has published the final rules and guidance and accompanying non-Handbook guidance relating to the new Consumer Duty (the Duty). While the nature and scope of the Duty remains largely unchanged in most areas, the final rules and guidance contain some significant changes and clarifications relating to how the Duty will apply in relation to distribution chains, closed books, wholesale markets and funds and asset managers and where firms provide products or services to occupational pension schemes. Read more
New Russian sanctions measures have continued to be introduced in the last few days. In this update, we summarise the UK’s new sanctions legislation in relation to Russian gold, coal and oil and the provision of services (among other things), as well as the EU’s new “maintenance and alignment” sanctions package. UK New UK legislation … Read more
In a speech delivered at Mansion House on 19 July 2022, the Chancellor of the Exchequer, The Rt Hon Nadhim Zahawi MP, sets out the government's vision for the future of UK financial service and discusses proposals which aim to keep the UK "the most open, inclusive, welcoming, competitive, safe, and transparent place to do financial services business, in the world". The government's vision for a "more open, competitive, green, and technologically enabled" financial sector is being delivered in the form of the Financial Services and Markets Bill (Bill) which was introduced in Parliament today. Read more
This update contains a round-up of recent EU and UK Russia sanctions developments. In particular, we look at a raft of new UK sanctions legislation, as well as other developments in both jurisdictions. Read more
“Green finance” is quickly gaining momentum in China. The rise of green finance was at first driven by environmental goals when the concept of “ecological civilisation” was brought up, and more recently by China’s objectives to achieve the peak of carbon emissions by 2030 and carbon neutrality (or more precisely, net-zero of all six types of greenhouse gas emissions) by 2060, the so-called “Dual Carbon goals”. Read more
