UK FCA provides guidance for firms offering cETNS

A&O Shearman
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A&O Shearman

The UK Financial Conduct Authority (FCA) has published a statement outlining guidance for firms intending to offer crypto exchange-traded notes (cETNs) to retail investors, following the lifting of its ban effective from 8 October. The products are classified as Restricted Mass Market Investments and only cETNs listed on the FCA's official list and traded on a UK Recognised Investment Exchange are eligible for retail distribution. Firms are expected to hold the appropriate permissions and comply with the relevant financial promotion rules. This includes not offering investment incentives, conducting mandatory appropriateness assessments, categorising clients, providing cooling-off periods and issuing prominent risk warnings. Firms are also expected to meet consumer duty obligations, ensuring products offer fair value, transparency and good consumer outcomes. Firms seeking authorisation or new permissions may request a pre-application meeting with the FCA through its pre-application support service.

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