UK Financial Promotions Regime Update

Background and Regulatory Changes

The UK Financial Promotions Regime for qualifying cryptoassets was implemented to establish a structured framework for overseas firms operating in the UK market. Under these new rules, unregulated overseas platforms are permitted to promote their cryptoasset businesses in the UK by engaging with a firm authorised by the Financial Conduct Authority (FCA). This regulatory approach aims to balance market access with consumer protection requirements.

One platform engaged an FCA-authorised firm, Rebuildingsociety.com Ltd (REBS), to review and approve its UK financial promotions in compliance with these new regulatory standards. However, this arrangement faced significant challenges when regulatory circumstances changed.

Regulatory Developments and Platform Impact

Following the implementation of the new regime, the FCA imposed legally-binding requirements on REBS, which fundamentally altered the firm's operational capacity. As a result, REBS was no longer able to approve financial promotions and subsequently had to withdraw any existing approvals of financial promotions on behalf of cryptoasset businesses.

This regulatory development created an interim period during which platforms needed to secure alternative FCA-authorised approvers to maintain their UK operations. The platform in question is actively seeking a new FCA-authorised approver to ensure continued compliance with UK financial promotion regulations. During this transition period, certain operational restrictions were implemented to protect consumers and maintain regulatory compliance.

What Does This Mean for You?

Service Restrictions During Transition:

During the interim period until a new FCA-authorised approver is onboarded and financial promotions are reapproved, the following measures have been implemented:

• New UK user registrations have been temporarily suspended to ensure compliance with the FCA's requirements and prevent potential regulatory violations.

• All existing risk warnings remain in place, and the platform continues to encourage existing users to carefully review risk warning information before engaging in any cryptoasset activities.

• Existing users are encouraged to access the 'Info' tab before investing in specific cryptoassets on the Spot Exchange to enhance their knowledge and understanding of individual cryptoassets and associated risks.

Continued Access for Existing Users:

• Existing UK users who have completed their Investor Declaration and Appropriateness Test will retain access to current services available on the platform.

• However, new products and services will not be made available during this interim period to ensure full regulatory compliance.

• The platform remains committed to maintaining high standards of consumer protection and risk disclosure throughout this transition.

Regulatory Cooperation and Resolution

The platform is working closely with the FCA to ensure that users are not adversely affected by these regulatory developments. The priority is to identify and onboard another suitable FCA-authorised firm to approve financial promotions as soon as possible. This collaborative approach with regulators demonstrates the platform's commitment to maintaining compliance with UK financial promotion standards and protecting consumer interests throughout the transition period.

FAQ

What are the key changes in the UK Financial Promotions Regime update?

The UK Financial Promotions Regime update effective January 2024 introduces stricter exemption rules and enhanced disclosure requirements for fund promotions. Changes aim to strengthen transparency and investor protection standards in the crypto and financial sectors.

Which types of financial promotions are regulated under the UK FCA rules?

The UK FCA regulates two types of financial promotions: real time and non-real time. Real time promotions occur during live events, while non-real time promotions are pre-recorded or published materials. Both types must comply with FCA transparency and consumer protection standards.

How do companies need to comply with the updated Financial Promotions Regime?

Companies must ensure financial promotions comply with FCA rules, including accurate disclosures and clear risk warnings. They need FCA authorization, proper governance frameworks, and regular compliance monitoring to meet updated requirements.

What are the penalties for non-compliance with the UK Financial Promotions Regime?

Non-compliance can result in criminal prosecution, unlimited fines, or imprisonment for up to two years under UK law.

How does the UK Financial Promotions Regime apply to digital and social media marketing?

The UK Financial Promotions Regime requires all digital and social media marketing communications to comply with FCA rules. All online content, including websites and social posts, must include clear disclosures and cannot be misleading. Communications must be fair, clear, and not omit material information.