Financial Services and Markets Act 2000 (FSMA): Primary legislation governing financial promotions and investment activities. Determines if the memorandum constitutes a financial promotion and sets requirements for authorized persons.
Financial Services Act 2012: Updates to financial services regulation and contains provisions regarding misleading statements in investment documents.
Companies Act 2006: Covers disclosure requirements, director's duties, share capital rules, and requirements for private and public companies in relation to investment documentation.
FCA Rules: Regulatory framework covering financial promotion rules, conduct of business requirements, and regulations for activities under FCA supervision.
Data Protection Act 2018 and UK GDPR: Legislation governing the handling of personal information, privacy requirements, and data security measures in investment documents.
Common Law Principles: Legal principles covering misrepresentation, confidentiality obligations, and contract formation aspects of investment memoranda.
Market Abuse Regulation (UK MAR): Regulations concerning listed securities, handling of inside information, and prevention of market manipulation.
Prospectus Regulation Rules: Rules determining when a formal prospectus is required, including relevant exemptions and thresholds for investment offerings.
Money Laundering Regulations 2017: Requirements for Know Your Customer (KYC) procedures and due diligence obligations in investment transactions.
Business Protection from Misleading Marketing Regulations 2008: Regulations ensuring truth and accuracy in marketing materials and prevention of misleading statements in investment documentation.
