It is, claims Ocorian, a groundbreaking development set to send shockwaves through the cryptocurrency industry. Crypto cynics on the other hand may suggest that it is no more than an overdue and modest measure. Ocorian’s warning relates to the Financial Conduct Authority (FCA) new financial promotion regime. The regulation took effect on 8 October and brings unprecedented restrictions and requirements for qualifying crypto asset holders.
A “qualifying crypto asset” is now defined as a cryptographically secured digital representation of value or contractual rights that is transferable and fungible, excluding assets classified as electronic money or controlled investments such as CFDs. This regulatory overhaul aims to ensure that crypto asset financial promotions are fair, clear, and devoid of any misleading information.
Abdul Motobbir, Senior Compliance Consultant at Ocorian, said: “This seismic shift in regulations will reshape the crypto asset landscape. Market participants must be prepared for a wave of stringent requirements, from mandatory risk warnings to prohibitions on incentives to invest. Ignoring these changes is not an option.”
FCA crypto financial promotion regulations
Risk warnings: all financial promotions involving qualifying crypto assets must prominently display a mandatory risk warning. This must emphasise the high-risk nature of these investments and the absence of protection from the Financial Services Compensation Scheme (FSCS) or the ombudsman service in case of issues.
Risk summary: risk summaries for Restricted Mass Market Investments (RMMI) now include qualifying crypto assets under COBS 4.12A. Promotions are strictly prohibited from including incentives to invest, whether monetary or non-monetary.
The FCA has outlined four routes to legally promote crypto assets to consumers, which include promotions communicated by an authorised person, communication approved by an authorised person for promotions made by an unauthorised person, promotion communicated via a FCA registered crypto asset firm or promotion is exempt under the Financial Promotion Order (FPO).
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Abdul Motobbir, Senior Compliance Consultant at Ocorian, added: “Any promotion made outside of this is a criminal offence punishable by up to two years imprisonment, the imposition of a fine, or both. In fact, immediately after the introduction of the new fin proms, on 9 October, the FCA issued 146 alerts about crypto asset promotions for the first day of the new regime.”
Direct Offer Financial Promotion rules
Alex Hurt, Senior Compliance Consultant at Ocorian, said: “The Direct Offer Financial Promotion (DOFP) rules will also significantly impact the crypto asset landscape. Personalised risk warnings, the 24-hour cooling-off period, risk summary pop-ups, client categorisation, and appropriateness assessments will all be prerequisites for engaging with crypto assets. It’s crucial for investors to understand the risks associated with crypto assets fully. The DOFP rules will require investors to fall into specific categories and demonstrate their understanding of the risks through an appropriateness test before proceeding with crypto asset transactions.”
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