The Fair, Clear, and Not Misleading Podcast

The Fair, Clear, and Not Misleading Podcast

Welcome to the Fair, Clear, and Not Misleading podcast by finreg entrepreneurs Gareth Malna and Wayne Green. They discuss, unpick and share latest trends and updates to the crypto and financial promotion landscape in the UK. 

  1. Understanding the UK's Overseas Funds Regime

    JAN 30

    Understanding the UK's Overseas Funds Regime

    Understanding the UK's Overseas Funds Regime: A New Era for European Fund Marketing... In this episode of the Fair, Clear, and Not Misleading podcast, featuring Wayne Green and Gareth Malna, the hosts discuss the new Overseas Funds Regime (OFR) for European funds marketing in the UK. Key points covered: - The OFR replaces the temporary marketing permission regime (TMPR) post-Brexit, requiring European funds to register with the FCA through a new process. - Funds must have UK-authorised entities approve their communications and marketing materials, regardless of whether they target retail or institutional investors. - The UK's approach to value assessment is more rigorous than Europe's "undue cost" regime, requiring funds to demonstrate how they calculate and justify value. - Platforms and distributors require evidence of proper value assessment, which has led to the development of "AOV lite" or "undue cost plus" approaches for European funds. - There are new requirements around facilities maintenance in the UK, with implications for how funds handle subscription and redemption orders. For further resources from this episode go to:  - Discovering the landing slots ➡️  https://www.fundscollective.uk/post/check-ofr-landing-slot-dates - Learn more about The Funds Collective ➡️ https://www.fundscollective.uk/ The episode emphasises how European funds must adapt to UK regulatory standards while maintaining market access, even though they're not directly regulated by the FCA.

    30 min
  2. A Debrief From The Crypto Conference Season: What We’ve Learnt

    JAN 30

    A Debrief From The Crypto Conference Season: What We’ve Learnt

    This episode of the "Fair, Clear, and Not Misleading" podcast features a discussion between Gareth and Wayne, co-founders of Engelbert, about marketing and promotion of financial products in the UK, with a focus on the crypto industry.  The episode covers several key topics, including a debrief on recent conferences, such as the inaugural Engelbert's FinProm Summit, and industry feedback on the new financial promotion regime. This feedback encompasses various aspects like risk warnings, balancing risks and benefits, and social media challenges. This week the duo delve into the technical challenges of implementing risk warnings across different platforms and devices, as well as the delicate balance between educational content and promotional material in the crypto space. The co-founders also compare the UK's financial promotion regime with the European MICA regulation, highlighting the differences and implications for the industry. Finally (with us still?), the episode explores the difficulties in creating standardised documentation that is both compliant with regulations and accessible to retail consumers. Social media compliance is another significant topic, with this podcast addressing challenges such as geo-blocking and the need to maintain separate UK-specific channels. Overall, the episode sheds light on the complexities of implementing new regulations in the crypto industry and the ongoing efforts to strike a balance between regulatory compliance and effective communication to consumers.

    29 min

About

Welcome to the Fair, Clear, and Not Misleading podcast by finreg entrepreneurs Gareth Malna and Wayne Green. They discuss, unpick and share latest trends and updates to the crypto and financial promotion landscape in the UK.