MAS Bans Payment for Order Flow (PFOF) from 1 April 2023

In late 2022, the Monetary Authority of Singapore (MAS) announced a complete ban on payment for order flow (PFOF) in Singapore. The move is designed to protect investor interests by mitigating the risk of conflicts of interest arising in brokers’ best execution obligations to their customers. The PFOF ban will commence on 1 April 2023 and can affect financial firms and individuals operating under a capital markets services (CMS) licence in Singapore.

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Outside Business Activity: Putting the Spotlight on Moonlighting

“Remember - NO TWO-TIMING - NO MOONLIGHTING”, reads a recent email from Infosys to its employees. The communication stresses the clauses of Infosys employment contracts, which restrict its employees from taking up secondary employment.

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FCA Fines Asset Management Firm and Employee for Conflicts of Interest

The UK Financial Conduct Authority (FCA) has clearly set expectations to ensure that asset managers conduct their business with due skill, care and diligence and that they manage conflicts of interest, between the firm or its employees and its customers or between its customers, fairly. A European asset management firm was recently fined £9.1mn by the FCA for failure to adhere to these principles and effectively manage conflicts of interest.

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Crypto Regulations in Singapore and Recent Enforcements

The regulatory framework for Digital Assets and Cryptocurrencies (Crypto) has been rapidly evolving. Regulators expect that firms play their part to ensure that investing in crypto is as safe as possible for investors and customers or else enforcement will be pursued.

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Failure to Disclose Relationship Leads to a Public Crisis

Failure to disclose connected persons and personal relationships as required by firm policies and jurisdictional regulations can lead to significant consequences for both an individual and their firm. Recent events saw two high-profile media executives resign from their jobs because they failed to disclose their relationship under the organization’s disclosure policies, not because of the nature of the relationship itself. 

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