Tag:Conduct of Business

1
United States: SEC and CFTC Open Door to Tokenized Markets After Clarity Fails to Advance
2
United States: SEC Proposes Modernization Overhaul of Transfer Agent Rules
3
China: China’s A-Share Market Expands Closing-Price Trading: Implications for Funds and Institutional Investors
4
China: China Announced Proposed Penalties on Cross-Border Securities Business: What Overseas Institutions Should Watch?
5
United States: Show Me the Money: SEC Risk Alert Highlights Advisers’ Economic Conflict
6
Europe: UK Consultations on Reducing the Burden of the FCA Senior Managers Regime
7
Australia: Climate-Related Transition Plans–Governing for Net Zero Across the Board
8
United States: The Great SEC Spring Clean Up–14 Proposals Wiped Away
9
Australia: Full Federal Court Finds in Favour of ASIC Appeal Concerning the Scope of the “Authorised Representative” Exemption
10
United States: Y’all Street to Attract Business With “Pro-growth” Legislation

United States: SEC and CFTC Open Door to Tokenized Markets After Clarity Fails to Advance

By Tamika Bent, Timothy Foley, Sarah Riddell, and Sanjeev Bhasker

The SEC and CFTC have separately granted relief for the advancement of crypto-based trading infrastructure in US markets, in an apparent direct response to Congress’s stalled efforts to move the CLARITY Act forward.

Read More

United States: SEC Proposes Modernization Overhaul of Transfer Agent Rules

By Jon Luc Dupuy and Timothy Foley

The SEC is proposing to substantively overhaul the securities transfer agent regulatory framework, which has largely remained unchanged since the paperwork-based system of the mid-1970s. Since this time, modern-day transfer agent operations have expanded in scope and complexity, outpacing rules mainly established prior to the advent of the Internet. Many of the SEC’s proposed changes are designed to technologically neutralize the rules for adaptation to the modern environment, including utilization of distributed ledger technology. However, there are several changes that fund advisers and their transfer agents should specifically note:

Read More

China: China’s A-Share Market Expands Closing-Price Trading: Implications for Funds and Institutional Investors

By: Chloe Duan and Amigo Lan Xie

Effective 6 July 2026, China’s stock exchanges implemented three significant trading rule changes aimed at improving market quality, enhancing price discovery, and facilitating long-term institutional participation. This is a further step in the continued evolution of China’s capital market microstructure and introduces features that are broadly consistent with practices in more mature international markets.

Read More

China: China Announced Proposed Penalties on Cross-Border Securities Business: What Overseas Institutions Should Watch?

By: Chloe Duan and Amigo L. Xie

On 22 May 2026, the China Securities Regulatory Commission announced proposed penalties against several overseas online brokerage firms for cross-border business activities. The regulator stated that their provision of brokerage services to mainland China investors violated China’s laws. Gains from these activities are to be confiscated and penalties imposed.

Read More

United States: Show Me the Money: SEC Risk Alert Highlights Advisers’ Economic Conflict

By: Thoreau Bartmann, Jennifer Klass, Pablo Man, and Keri Riemer

On 9 June 2026 the SEC Division of Examinations published its second risk alert since Atkins became chair. The Risk Alert reminds investment advisers of their fiduciary obligation to disclose economic conflicts of interest that might cause advisers and their financial professionals to recommend certain products, services, or account types. Citing the SEC’s fiduciary interpretation from 2019 and longstanding examination priorities, the Risk Alert identifies the following areas of concern:

Read More

Europe: UK Consultations on Reducing the Burden of the FCA Senior Managers Regime

By: Zainab Kuku, Philip Morgan, and Andrew Massey

As part of the UK government’s strategy to boost the competitiveness of the UK financial services sector and support growth, the overall burdens of the Senior Managers & Certification Regime (SMCR) are to be reduced “by 50%”.

Read More

Australia: Climate-Related Transition Plans–Governing for Net Zero Across the Board

By: Jim Bulling, Alex Parker, and Thais Fernandes

On 16 July 2025, The Australian Council of Superannuation Investors (ACSI) and the Australian Institute of Company Directors (AICD) published guidance on Governing for Net Zero: The Board’s Role in Organisational Transition Planning (ACSI & AICD Guide), which is designed to assist directors in preparing Climate-Related Transition Plans (Transition Plan).

Read More

United States: The Great SEC Spring Clean Up–14 Proposals Wiped Away

By: Lance C. Dial, Keri E. Riemer, and Lael R. Franco

Spring is a time of renewal, and the US Securities and Exchange Commission (SEC)–under its new chairman, Paul Atkins–has shown that. On 12 June 2025, the SEC withdrew 14 proposed rules impacting funds and asset managers, including several that had been vigorously opposed by the industry. A complete list is below, but highlights include proposed rules relating to safeguarding (custody), predictive data analytics (AI), ESG-related disclosures, outsourcing and cybersecurity.

Read More

Australia: Full Federal Court Finds in Favour of ASIC Appeal Concerning the Scope of the “Authorised Representative” Exemption

By: Kane Barnett and Isaac Gilmore

The Full Federal Court (the Court) has ruled in favour of the Australian Securities and Investments Commissions’ (ASIC) appeal as to whether BPS Financial Pty Ltd (BPS) could rely on the ‘authorised representative’ exemption in relation to issuing their ‘Qoin Wallet’ product (see our previous post for background). The authorised representative exemption is commonly relied upon and allows a person or entity to provide a financial service under the Corporations Act on behalf of the holder of an Australian financial services licence (AFS licence) without having to hold an AFS licence itself. 

Read More

United States: Y’all Street to Attract Business With “Pro-growth” Legislation

By: Jessica D. Cohn, Robert H. McCarthy Jr., and Yonathan Y. Tewelde

Growing corporate and financial industry interest in Texas as a viable alternative to Delaware for incorporation is creating a trend, which is being called “Dexit.”

Read More

Copyright © 2026, K&L Gates LLP. All Rights Reserved.