Commercial lawyers should be able to recognise promotional content in a financial or corporate transaction and understand the key exemptions available to avoid breaching the prohibition under section 21 of FSMA. This session demystifies the legislation, providing the practitioner with a more instinctive understanding of the rules and guidance.
- The s.21 prohibition
- What is financial promotion – communication, invitation or inducement, ‘made or directed’?
- The technical distinctions of solicited/unsolicited and real time/non real time communications
- Key exemptions under the Financial Promotion Order
- The penalties for breach
- FSA resources and guidance
- Examples, case studies and proposals for reform