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real-time financial promotion meaning

What does real-time financial promotion mean?
In practice, a real‑time financial promotion is a live, two‑way communication that seeks to sell, invite, or induce engagement with investments or financial services during a personal meeting, a telephone call, or other interactive dialogue such as a video call or live chat. In the UK (England & Wales, Scotland and Northern Ireland), the term is defined in legislation: under FSMA 2000 and the Financial Promotion Order 2005, a communication is “real time” if made in the course of a personal visit, telephone conversation or other interactive dialogue. Real‑time promotions are further classified as solicited or unsolicited (i.e., cold‑calling). The classification matters for compliance with the financial promotion restriction in section 21 FSMA, applicable FCA rules (including COBS), and the availability of exemptions. Unsolicited real‑time promotions to retail consumers are tightly controlled and are often prohibited unless a specific exemption applies or the communicator is appropriately authorised and the content approved. In Ireland, while “real‑time financial promotion” is not a defined statutory term, the concept is recognised in practice. Direct, in‑person and live contact is regulated under the Central Bank of Ireland’s Consumer Protection Code and MiFID conduct rules, including restrictions on cold‑calling and requirements that communications are fair, clear and not...
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NEWS
UK financial promotion exemptions: higher HNWI thresholds, revised sophisticated investor criteria and mandatory disclosures from 31 January 2024—compliance guidance and FCA interaction

Although the government chose not to advance a proposal to give firms a heavier burden of responsibility, the reforms still carry real weight for companies and investors. They tighten the eligibility tests and enhance both investor declarations and compulsory information standards. Businesses must be compliant by the go-live date. Those seeking capital under the financial promotion exemptions will have to include additional disclosures in their investor communications. This is intended to help prospective investors perform basic due diligence on the person’s investment marketing, and to support the Financial Conduct Authority (FCA) in examining possible non-compliance with the exemptions. HM Treasury consulted two years ago on revisions to the financial promotion exemptions in the Financial Promotion Order for high net worth individuals and sophisticated investors. In its November 2023 consultation response, the government set out the final changes, which take effect from 31 January 2024. Below, we look at what companies should note to remain compliant with the updated conditions in the revised exemptions and offer a few practical pointers for...

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View the related Practice Notes about real-time financial promotion

PRACTICE NOTES
Uruguay: No General FDI Screening; Sectoral Authorisations, Landholding Restrictions, State Monopolies and Investment Incentives

1. What is the applicable legislation? Uruguay lacks a broad, cross‑cutting regime for screening foreign investment. In this respect, the authorities encourage all investment, without discrimination between local and foreign investors. Nevertheless, operating in certain industries demands prior authorisation or dedicated, sector‑specific licences in order to commence activities. Additionally, some areas impose particular rules aimed at identifying the ultimate owners of the capital invested and, in some instances, require participation through a locally incorporated entity that will be subject to Uruguayan regulation. Sectors commonly needing prior authorisation include the national financial system, activities requiring environmental permitting, mobile telecommunications services and long‑distance telecommunications services. Outside the sphere of the traditional State monopolies, there appears to be no support for reserving so‑called strategic sectors solely to Uruguayan capital. Uruguayan legislation has established a legal framework to promote investments across various fields and activities. Law No 16,906 of 1998 (the Investments Law) declares as a matter of national interest the promotion and protection of investments made in Uruguay by Uruguayan and foreign...

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PRACTICE NOTES
Brexit: UK prospectus, listing, transparency and market abuse regimes after IP completion day—onshoring, loss of passporting, IFRS, FCA rule changes, ESMA positions and key statutory instruments (Archived)

At 11pm UK time on 31 January 2020 (exit day), the United Kingdom departed the European Union pursuant to a Withdrawal Agreement that had been duly ratified by both the UK and the EU. Throughout the implementation period—ending at 11pm UK time on 31 December 2020 and known as ‘IP completion day’—the parties worked to settle terms for their future relationship. In readiness for Brexit, the European Union (Withdrawal) Act 2018 (EU(W)A 2018) became law, repealing the European Communities Act 1972 (ECA 1972) on exit day. The European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) was enacted to enable ratification and domestic implementation of the Withdrawal Agreement, and to provide for implementation of the EEA EFTA Separation Agreement and the Swiss Citizens’ Rights Agreement. EU(WA)A 2020 also amends EU(W)A 2018. Notably, it sets out targeted savings and transitional measures so that the UK’s obligations arising under EU law during the implementation period had effect in domestic law, despite the repeal of ECA 1972. In addition, many references in EU(W)A 2018...

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PRACTICE NOTES
UK mortgage and home finance financial promotions and communications: FCA MCOB 3A/3B rules, MCD requirements, scope, exemptions and record-keeping

This Practice Note outlines the regime governing financial promotions and wider communications concerning regulated mortgage contracts (RMCs), home purchase plans (HPPs), home reversion plans (HRPs) and regulated sale and rent back agreements (SRBAs) — together described as home finance transactions — as contained in the Financial Conduct Authority’s (FCA) Mortgages and Home Finance: Conduct of Business sourcebook (MCOB), with particular focus on MCOB 3A and MCOB 3B. For guidance on other parts of MCOB, see Practice Notes: Mortgage and home finance conduct of business: application and general requirements, Mortgage and home finance conduct of business—distribution and disclosure requirements and Mortgage and home finance conduct of business—responsible lending, charges and arrears requirements. Application of MCOB 3A MCOB 3A covers the making or approval of any financial promotion that concerns qualifying credit. Definitions ‘Financial promotion’ means an invitation or inducement to enter into investment activity or to undertake claims management activity that is communicated in the course of business...

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PRECEDENTS
Law firm partner promotion balanced scorecard: criteria, measures and assessment template

1 Candidate Individual being evaluated [ Insert name ] Assessment date [ Insert date ] Assessor(s) [ Insert name(s) ] 2 Partnership promotion criteria 2.1 Financial and technical skills Required skill or indicator | Measurement | Does the individual meet this criteria? Billable hours [ State the benchmark for this skill/indicator, e.g., 1,500 chargeable hours per annum ] ☐ Yes ☐ No Billable hours conversion rate [ Indicate the proportion of chargeable time expected to convert into billed work, e.g., 85% ] ☐ Yes ☐ No Legal knowledge [ Insert the required measure for this skill/indicator, e.g., specific areas of specialism ] ☐ Yes ☐ No Matters handled [ Insert the required measure for this skill/indicator, e.g., volume and consistency—commendations and complaints ] ☐ Yes ☐ No Ability to understand and interpret financial reports [ Insert the required measure for this skill/indicator, e.g., which reports are necessary and how they have informed decision-making...

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