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Background to the regulation of cryptoasset promotions in the UK Following the establishment of the Cryptoassets Taskforce (CATF) in March 2018, by October 2018 the CATF had issued its final report. Chapter 4 considers the risks and potential advantages linked to cryptoassets. On financial promotions, the report observes that advertising, often directed at retail investors, is frequently neither fair nor clear and may mislead. Commonly, adverts: overstate the benefits; rarely flag volatility risks, the reality that consumers can both gain and lose their investment, and the absence of regulation; include cases where regulated firms market cryptoasset products without making clear that this aspect of their business is not regulated. After the report’s publication, the UK government began consulting on legislation to bring certain cryptoasset promotions within the Financial Services and Markets Act 2000 (FSMA 2000), and therefore under the Financial Conduct Authority’s (FCA) remit. In parallel, the FCA opened a consultation on the requirements that would apply to financial promotions...
The Financial Services and Markets Act 2000 (FSMA 2000) is the primary statute overseeing the UK financial services industry and the regulation of securities and investments, and it carries various implications for running employee incentive arrangements. FSMA 2000 is bolstered by a wide suite of further statutory instruments, rules and guidance issued by the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA). This Practice Note sets out the impact of FSMA 2000 on employee incentive arrangements and highlights key considerations that employers must address when inviting employees in the UK to participate in such incentives. FSMA 2000 FSMA 2000 regulates securities and investments in the UK to protect consumers, uphold and strengthen the integrity of the financial system, and foster effective competition within the financial services sector. It achieves this by banning and limiting a wide range of activities relating to specific kinds of investments unless undertaken by an authorised person, or where an exclusion or exemption applies. A contravention of either the General Prohibition...
Exemptions from the financial promotion restriction This Practice Note examines exemptions from the financial promotion restriction that are most pertinent to financial services practice. For broader detail on the restriction in general, see Practice Note: The financial promotion regime—essentials. The exemptions to the restriction fall into three categories and are contained in the Financial Services and Markets Act 2000 (Financial Promotions) Order 2005, SI 2005/1529 (FPO). They are arranged by type of activity: provisions covering every controlled activity (FPO SI 2005/1529, Pt IV) provisions for deposits and insurance (FPO SI 2005/1529, Pt V) provisions for specified controlled activities, excluding deposit taking (FPO SI 2005/1529, Pt VI) provisions for controlled claims management activities (FPO SI 2005/1529, Pt VIA, arts 73A–73J) For guidance on the exemptions applying to all controlled activities, see Practice Note: Exemptions for all controlled activities; for guidance on deposits and insurance, see Practice Note: Exemptions for deposits and insurance; and for controlled claims management activities, see Practice...
This [ insert document name ] has not been sanctioned by an authorised person in line with section 21(2)(b) of the Financial Services and Markets Act 2000...
Warning: This promotional material has not been signed off or otherwise approved by an authorised person as defined under the Financial Services and Markets Act 2000. If you rely on this promotion when undertaking any investment activity, you could potentially face a particularly substantial financial risk of losing the entirety of the capital or other assets you commit. This document is issued by [ insert the name of the person making the financial promotion, or on whose behalf the financial promotion is made ]. Anyone receiving this document who requires additional details, or wishes to raise any other enquiry concerning the subjects to which this communication pertains, should send a request to [ insert the postal or electronic address to which a recipient should send such requests. Also, if applicable, insert the country or territory in which the person making the financial promotion, or on whose behalf the financial promotion is made, is incorporated. Also, provide the registered address of the person making the financial promotion, or on whose...
This [ insert document name ] has not obtained approval from an authorised person, as required under section 21(2)(b) of the Financial Services and Markets Act 2000...