The Fair, Clear, and Not Misleading Podcast

In this emergency episode, Wayne and Gareth dissect the UK's newly announced comprehensive crypto asset regulation framework. They explore how the FCA has adapted existing financial regulations to create a new regime for crypto assets, covering everything from stablecoin issuance to trading platforms. The discussion breaks down key timelines for implementation through 2026, crucial requirements for both UK and overseas firms, and the three major challenges firms will face: consumer duty, senior managers regime, and capital adequacy. Whether you're a crypto business owner or industry professional, this episode provides essential insights into how the UK's new regulatory landscape will reshape the crypto asset market.

In this episode of Fair, Clear, and Not Misleading, industry experts dive into crucial updates about the Overseas Funds Regime (OFR) and explore whether fund prospectuses qualify as financial promotions. The discussion shifts to the evolving crypto regulatory landscape, including recent FCA enforcement actions against Bitcoin ATMs and the challenges of maintaining compliant promotions across different digital platforms. Get valuable insights into how traditional finance and crypto spaces can learn from each other, while understanding the latest regulatory developments affecting both sectors.Discover more at: https://www.englebert.xyz/ 

Join Wayne and Gareth on Fair, Clear and Not Misleading - a fresh and insightful podcast that dives deep into the world of financial promotions, regulatory compliance, and consumer protection. Recently celebrating their FCA authorisation as the second firm to become a financial promotion approver, the hosts share real-world experiences and practical insights about maintaining standards in financial services.

In this episode of Fair, Clear, and Not Misleading podcast, Wayne and Gareth discuss their entrepreneurial journey in the financial promotions space. They share candid experiences about launching and scaling their business, which has been operating for about 18-24 months. The conversation covers their expansion into crypto and investment funds markets, their unique approach to pricing for smaller crypto firms, and the role of luck and experience in business success. The hosts also reflect on the importance of measured growth, financial management, and maintaining high standards in regulatory compliance.

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.

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.

In this episode of the "Fair, Clear, and Not Misleading" podcast we discuss:- The process of becoming authorised by the Financial Conduct Authority (FCA) to approve financial promotions- The importance of compliance culture in regulated businesses, especially for crypto firms.- Different routes for crypto businesses to operate in the UK, including self-authorisation and using third-party approvers like Englebert- The challenges and costs associated with obtaining FCA authorisation- The practical aspects of reviewing and approving financial promotions for crypto businesses- The podcast provides valuable insights into the regulatory landscape for crypto businesses in the UK and the complexities of complying with financial promotion rules.

This episode of the Fair, Clear, and Not Misleading podcast explores the origins and implications of financial promotion rules, particularly in relation to high-risk investments and cryptocurrencies in the UK. Hosts Wayne Green and Gareth Malna, co-founders of Engelbert, delve into the following key topics:- The Financial Conduct Authority's (FCA) 2022 consultation paper on high-risk investments- The impact of post-COVID consumer behaviour on investment trends- The challenges faced by regulators in addressing crypto markets- The unusual approach of regulating crypto marketing before the activity itself- Personal experiences of the hosts with early crypto investments- The cultural clash between traditional financial regulation and the crypto worldThis episode provides valuable insights into the evolving landscape of financial regulation, particularly as it relates to emerging technologies and investment trends.

In this latest episode, hosts Gareth and Wayne are joined by policy consultant Charles Swan, non executive director at Englebert.The trio delves into the nuanced topic of financial promotions, exploring the differences between regulatory and marketing perspectives. They discuss various scenarios, including the implications of buy buttons, retweets, and promotional content in the context of crypto assets. The conversation highlights the complexities and grey areas in defining what constitutes a financial promotion, emphasising the importance of regulatory compliance and clear communication.

Dive into the complex world of cryptocurrency with Wayne Green and Gareth Malna in the next episode of the Fair, Clear, and Not Misleading Podcast.This episode is a treasure trove of insights for both crypto enthusiasts and fintech builders, as they delve into user onboarding, categorisation, and the role of data in the high-risk crypto asset market. They offer an insider's look into the regulator's expectations and provide a comprehensive understanding of the Frictions, Renewals and Data Needs in the crypto space. This episode will arm you with the knowledge to navigate the complex regulatory landscape, helping you make more informed decisions. Join them as they demystify the crypto world and the regulations that govern it.

In Episode 3 of The Fair, Clear, and Not Misleading podcast, co-founders Gareth Malna and Wayne Green discuss the topic of due diligence in the context of crypto asset tokens. They emphasise the importance of understanding the nature and specifics of a crypto asset, especially when making promotional communications. They also highlight the need for consistent, repeatable, and robust due diligence processes that include extensive research and risk assessments.They acknowledge the challenge of staying updated in a fast-paced sector like crypto and suggest using technology to aid in gathering information. However, they caution against over-reliance on tech tools, emphasising the importance of interpreting and understanding the data yourself. They discuss the need for ongoing monitoring, balancing efficiency, and thoroughness, and the importance of considering the interests of investors and customers.The duo also addresses the necessity of documenting the due diligence process for accountability and the need to adapt to the unpredictable nature of risks in the crypto world, which could be mitigated by learning from experience and scenario testing.

In this episode of The Fair, Clear, and Not Misleading podcast, hosts Wayne Green and Gareth Malna discuss the concept of "frictions" in the realm of cryptocurrency.They explain frictions as a set of rules designed to slow down consumers in their purchase journey for crypto, preventing impulsive or emotional purchases and ensuring thoughtful investment decisions.The hosts delve into the four essential frictions: a personalised risk warning, investor categorisation, appropriateness assessment, and a 24-hour cooling-off period. They further discuss the implications of these frictions for both the consumers and the providers, emphasising the importance of understanding and implementing these rules accurately.

In this episode of The Clear, Fair, and Not Misleading podcast, hosts Wayne Green and Gareth Malna dive into the intricacies of cryptocurrency regulations. They discuss the concept of "frictions" - a set of rules designed to guide consumers in the crypto purchase journey. The hosts explore essential frictions like personalised risk warnings, investor categorisation, appropriateness assessment, and a 24-hour cooling-off period. They also delve into the subjective and complex aspects of "clear, fair, and not misleading" communications in the crypto space. The podcast offers valuable insights into the challenges and opportunities presented by these regulations, emphasising the importance of understanding and accurately implementing these rules.⬇️ DIG DEEPER ⬇️What Are the Risk Warnings That Must Be Contained in UK Promotions? ➡️ https://www.englebert.xyz/post/what-are-the-risk-warnings-that-must-be-contained-in-uk-promotions"Fair, Clear and Not Misleading" | What That Actually Means...➡️ https://www.englebert.xyz/post/marketing-in-crypto-a-guide-on-what-fair-clear-and-not-misleading-means