The Financial Promotion Regime - Brexit, MiFID II & Key Changes Masterclass
The financial promotion rules in the FCA Handbook are changing because of Brexit, and so is the legislation which contains the exemptions to the financial promotion regime. This course will alert financial services professionals to the practical impact of those changes.
MiFID II changed the financial promotion rules in 2018, placing an increased compliance burden on FCA authorised firms that approve financial promotions. This makes it all the more important to know whether an exemption from the regime is available.
The FCA’s new crackdown on the use of jargon in client communications and its recent insights on risk warnings will also be explored.
This one day masterclass is suitable for compliance officers, in-house counsel, approved persons at FCA authorised firms and financial services advisors. Participants will gain an in-depth understanding of the financial promotion rules and their practical effects for authorised firms and companies.
What You Will Learn
This course will cover the following:
- Key rules - section 21 of the Financial Services and Markets Act 2000, the Financial Promotion Order 2005, the Perimeter Guidance Manual, the Conduct of Business Sourcebook (COBS) and MiFID II
- Key concepts - the main features and types of financial promotions and the characteristics of designated investment business and MiFID business
- Key concerns - an analysis of COBS 4 obligations including:
- New rules on the use of benchmarks by asset managers
- The requirements for fair, clear and not misleading communications and for financial promotions to be clearly identifiable
- The rules on communications including information on past, simulated past and future performance and cold calls
- How to approve financial promotions
- Record keeping requirements
- Key guidance:
- FCA insights on whether risk warnings really work and the effects of tweet risk warnings
- FCA guidance on describing fund objectives and investment policies
- FCA guidance on financial promotions in social media, including its views on adopting a 'click through approach' instead of the current 'standalone compliance’ requirement
- Key exemptions - which of the exemptions available under the Financial Promotion Order 2005 may be used by an authorised firm itself and which ones an authorised firm could suggest that a company use, as an alternative to the firm approving the company's financial promotions, and Brexit-inspired changes
- The course will conclude with a look at recent FCA proceedings against firms which breached the financial promotion rules
9:30am - 5:15pm
Please let us know if you wish to be notified when new dates are added for this programme