Archive:January 2025

1
Australia: ASIC Continues Increased Scrutiny Into AFS Licensees for Hire
2
United States: Phew! Form PF Amendments Deadline Extended (So You Can Procrastinate a Little Longer)
3
United States: President Trump’s Executive Order Steering Digital Assets Policy
4
Europe: Are the UK FCA’s Revised “Name and Shame” Proposals an Improvement?
5
Europe: Proposed UK and EU Rules on More Research Cost Re-Bundling Move Closer
6
United States: “Oops, I was a Broker!?” SEC Cracks Down on Investment Adviser Representatives Acting as Unregistered Brokers

Australia: ASIC Continues Increased Scrutiny Into AFS Licensees for Hire

By: Kane Barnett and Bernard Sia

ASIC has accepted a court enforceable undertaking (CEU) from Private Wealth Pty Ltd (Sanlam) after it admitted that it failed to discharge its general Australian financial services (AFS) licensing obligations in connection with its authorised representatives.

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United States: President Trump’s Executive Order Steering Digital Assets Policy

By: Richard F. Kerr, Sarah V. Riddell, Cheryl Isaac, Jeremy M. McLaughlin, and Joshua L. Durham

As promised during his campaign, President Trump has taken significant steps to support the digital asset industry during his first week in office. On 23 January 2025, he signed an executive order initiating digital asset regulatory rollbacks and a new federal framework governing cryptocurrencies, stablecoins, and other digital assets (the Order).

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Europe: Are the UK FCA’s Revised “Name and Shame” Proposals an Improvement?

By: Michael Ruck, Rosie Naylor, and Helen Phizackerley

In November 2024, the UK FCA released a Consultation which seeks to clarify its proposed approach to publicising ongoing enforcement action—dubbed the “name and shame” plan—and to assure the wider market of the plan’s benefits. Responses are due by 17 February 2025.

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Europe: Proposed UK and EU Rules on More Research Cost Re-Bundling Move Closer

By: Phillip Morgan, Andrew Massey, and Raghu Meena

In the United Kingdom, the FCA has proposed to give fund managers (including UCITS Mancos and full-scope UK AIFMs) an option to use fund assets to pay jointly for execution and research (so-called ‘bundled’ payments). The existing options of paying for research from manager funds or operating a customer-financed research payment account would remain. Final rules are expected in the first half of 2025. This follows the introduction on 1 August 2024 of a similar option for separate account managers as discussed here.

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United States: “Oops, I was a Broker!?” SEC Cracks Down on Investment Adviser Representatives Acting as Unregistered Brokers

By Richard Kerr, Pablo Man, Jessica Cohn, and Sydney Faehling

On 14 January 2025, the Securities and Exchange Commission (SEC) announced settled charges against three investment adviser representatives for acting as unregistered brokers in the sale of membership interests in certain limited liability companies (i.e., Funds) that each purportedly owned shares of private issuers that had prospects of becoming publicly traded. The SEC separately announced settled charges against an advisory firm in a related action involving improperly managing conflicts of interests and the use of liability waivers.

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