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In a "Dear CEO" letter sent in early August 2022, the FCA outlined the robust approach it will take to the supervision of firms in its alternative asset management portfolio – namely FCA authorised hedge funds, private equity firms and firms that manage and advise alternative assets directly. Relevant firms can expect the FCA to focus on excessive investment risks to retail and elective professional investors, conflicts of interest, inadequate mitigation against ongoing market disruption, poor market abuse controls, and culture, as well as ESG disclosures. Read more
On 21 July 2022 the Bank of England, the PRA and the FCA publishedDiscussion Paper 22/3 - Operational resilience: Critical third parties to the UK financial sector (DP22/3). DP22/3 sets out how the financial services regulators could use new powers proposed under the Financial Services and Markets Bill (FSM Bill) to assess and strengthen the resilience of material services provided by critical third parties to the UK financial services sector. Publication of DP22/3 marks an early step on the road to the introduction of a new designation regime for third party providers in respect of the material services they provide to the financial services sector.Read more
The new licensing regime for virtual asset service providers (VASPs) will significantly impact the virtual asset industry in Hong Kong. Once in force, any person who seeks to carry on a business of providing a virtual asset service (currently limited to operating a virtual asset exchange) will be required to apply to the SFC for a licence. On Tuesday, 23 August 2022from 1pm to 2pm (Hong Kong/Singapore time), our Asia Financial Services Regulatory Partners, Hannah Cassidy and Natalie Curtis, will be joined by Prosynergy Consulting Limited’s Managing Director, Louie Lee, ARTA TechFin Corporation Limited’s CEO (Blockchain Finance), Simon Au Yeung, and MaiCapital Limited's Managing Partner, Marco Lim, to discuss the new VASP licensing regime. Read more
The Financial Conduct Authority (FCA) has this month published its policy statement (PS22/11) confirming its final rules reshaping the Appointed Representative (AR) regime to make authorised financial firms acting as principal more responsible for their ARs.
The FCA had previously set out its proposals and invited feedback in a consultation paper (CP21/34) in December 2021. In seeking to address harms and protect consumers, these proposals focused on: (i) collecting additional information on ARs and strengthening reporting requirements for principals; and (ii) clarifying and strengthening the responsibilities and expectations of principals. Read more
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
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
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
