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Regulation

In this article, Ajay Shamdasani , Thomson Reuters Regulatory Intelligence, takes soundings on what might be expected from the FATF's Mutual Examination of Hong Kong, the results of which are expected soon.

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Financial adviser Drew Grosskreutz of Queensland, Australia, has been banned from providing financial services for three years, says ASIC

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This article, by Nigel Morris-Cotterill, was first published in September 2002. It is, in part based on a briefing to banks, etc, in London in November 2001 and draws attention to the effect of the money laundering, etc. provisions of the just in-force USA PATRIOT Act.

Nigel Morris-Cotterill
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The ICO, or initial coin offering, is causing furrowed brows at regulators. It's a fascinating concept and governments are split: should they regulate it on the hoof or, as China has done, ban it until they can work out what do to about it? Or should they pretend it's not happening?

All three approaches are being adopted.

Nigel Morris-Cotterill
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Binary options are a simple concept: they pay a fixed return, or nothing. It's a bit like a KickStarter campaign: if you hit the target, you get your money, if you miss it, you don't. But with binary options, the risks are different: fail and you lose your investment. So, there's another way of looking at it: it's a bet and if you lose, you lose your stake, so it's not like an ordinary option where you might still get back some of your original investment. For sophisticated investors and financial adrenalin junkies, they are fine. For everyone else, they are very high risk. Aussie regulator ASIC says that risk is rarely properly explained, and often it is not explained at all.

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If someone describes themselves as an "expert" or a "thought leader" in relation to, let's say, financial crime or FinTech or even on-line banking, ask them this - and don't give them time to look up the answer: "what's Q-Coin?*" And, is Second Life about to get a second chance as a potential money laundering vehicle?

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Quietly, almost under the counter, the UK's Financial Conduct Authority is preparing itself for life outside the EU with a raft of agreements directly negotiated with regulators around the world.

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It might seem a bit of a stretch to suggest that Uber, the dating service for those with a car that isn't a taxi and those with a transport need has much to do with FinTech but a long-running battle first in Spain and then in the European Court of Justice makes a landmark decision that affects the provision of so-called "disruptive" technologies and although it's couched in complex legal terms, the opinion represents a victory for common sense - and potentially causes enormous problems in relation to some aspects of passporting. Financial regulators all over the world should take notice: this is how you should view FinTech if you want to avoid systemic problems, says Nigel Morris-Cotterill

Nigel Morris-Cotterill
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Credit Suisse Equities (Australia) Limited (Credit Suisse) has paid a penalty of AUD170,000 to comply with an infringement notice from the Markets Disciplinary Panel (MDP).

Editorial Staff
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Andrew Peter Panayiotides, an employee, no longer with the company, of Morgan Stanley Wealth Management in Australia has been banned from providing financial advice for "failing to act in the best interests of clients." The regulator, ASIC, has specifically drawn attention to the incentives structure. Are there also hidden messages about Know Your Customer?

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