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By Vasiliki Carson, 08 January 2024

FSMA 2023: New High Net Worth Investor qualifying criteria

As a result of Brexit, the UK's financial regulatory system had to move away from the established Europe-wide regulatory framework known as the Financial Services and Markets Act 2000.  Upon Royal Assent received in July 2023, the UK adopted the Financial Services and Markets Act 2023 (also referred to as the Edinburgh Reforms).  This new piece of legislation repeals and replaces the prior EU laws.  There are a number of material changes made that both investors and investment managers need to be aware of. 

Why it matters

One of the more impactful changes relates to who qualifies to invest as a high net worth individual. This is important because certain investment opportunities are restricted to certain types of investors.
 
From the 31st of January 2024 new financial promotion rules will come into effect, which update qualifying criteria for High Net Worth Individuals (HNWI) and self certified sophisticated investor exemptions.
 
For HNWI:
1) The annual income threshold for categorising an investor as a "High Net Worth" investor will increase from £100 thousand to £170 thousand.
2) The net asset threshold for a High Net Worth Investor will increase from £250 thousand to £430 thousand.
 
For Self Certified Sophisticated Investors:
3) Sophisticated investors cannot meet the criterion based on prior investment as an indicator of sophistication.
4) A Company Director may still meet the Sophisticated Investor criteria, however the company they manage must now have turnover of over £1.6 million (compared to £1million previously).

The bottom line

Taking a step back from these details, FSMA 2023 aims to enhance the powers of the FCA and the PRA in wholesale markets, while also providing clarity on the interaction between HM Treasury and these regulatory authorities. Additionally, it establishes stricter accountability measures for Critical Third Parties associated with FCA authorised firms, with the ultimate goal of strengthening financial stability throughout the entire UK market. Moreover, the legislation introduces a phased approach to the regulation of digital assets and stablecoin, ensuring the UK applies a comprehensive framework for these emerging financial technologies. 

 

Go deeper

This is one significant piece of legislation.  The late Sir Win Bischoff, one of the City's grandees (and a fellow NYU alumni) commented on the Reforms describing them “[...] more of an adjustment, a redress of sorts [...] The Edinburgh Reforms will however be useful in arresting the relative and measurable decline of the City over the past five years.” 

The legislation is extensive and as such there are more changes that were made to the regulatory framework which I have not discussed in this article.  Have a look at the parliamentary bill itself by clicking here.  The FCA has also published a good overview of the act in its Regulatory Initiatives publication as well as interesting articles on specific parts of the act such as Financial Services & Markets Act 2023 gives FCA new powers to protect access to cash.

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