United Kingdom: Top tips for compliance with the cryptoasset financial promotions regime

In brief

The FCA's final rules for cryptoasset financial promotions, published in June 2023, will take effect from Sunday 8 October. Those marketing in-scope cryptoassets to UK consumers, including those based overseas, will need to ensure without delay that preparations are in place for the start of the rules.

There is no doubt that the implementation period, which was shortened to four months from the six months originally proposed, has been a challenging deadline for the industry to achieve. However, in welcome news, the FCA has recognised the technological difficulties in preparing "back end" changes to meet the implementation deadline, offering a partial transition period to certain firms to enable changes to be made.


Contents

Whilst many firms already operating in the UK will be well-aware of these rules, overseas firms and new entrants to the market may still be facing a steep compliance build to comply with the new FCA rules. With the introduction of new rules on the financial promotion of cryptoassets fast approaching, we set out a summary of the rules and legal routes for promotion going forward, along with some do's and don'ts to help firms make their final compliance preparations.

Jasmine Ginty, Trainee Solicitor, contributed to the drafting of this alert.

Click here to read the full alert.


Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.