Regulatory Alerts2024-02-04
Summary of Amendments to the Guidelines for the Offering, Marketing and Distribution of Foreign Funds
Regulatory authorities issued revised Guidelines for the Offering, Marketing and Distribution of Foreign Funds on 5 February 2024 to align with the Guidelines on Categories of Sophisticated Investors. The amendments expand the definition of sophisticated investors and update Appendix 4 to ensure consistent application of these new categories. Additionally, housekeeping changes were introduced to improve clarity, while a new paragraph was added to clarify the determination of related corporations.
Page 1 of 2 SUMMARY OF AMENDMENTS REVISED GUIDELINES FOR THE OFFERING, MARKETING AND DISTRIBUTION OF FOREIGN FUNDS (Issued: 5 February 2024) The following table provides a summary of key amendments to the revised Guidelines for the Offering, Marketing and Distribution of Foreign Funds (Guidelines) issued on 5 February 2024: A. Overview
- The Guidelines was revised to reflect the introduction of the categories of sophisticated investors as set out in the Guidelines on Categories of Sophisticated Investors.
- Housekeeping amendments throughout the Guidelines to provide greater clarity and consistency. These amendments include stylistic or formatting changes and necessary changes of an editorial nature. B. Amendments to specific paragraphs No. Prior to 5 February 2024 Issued on 5 February 2024 Comments Chapter 2: Definitions
- Paragraph 2.01 Paragraph 2.01 Amended definition of “sophisticated investor” to ensure alignment with the Guidelines on Categories of Sophisticated Investors and expanded the category of sophisticated investors.
Page 2 of 2 B. Amendments to specific paragraphs No. Prior to 5 February 2024 Issued on 5 February 2024 Comments Appendix 4 (Permitted Foreign Funds under Paragraph 3.01(e)) 2. Paragraph 1(b) Paragraph 1(b) Amendments made to ensure alignment with the Guidelines on Categories of Sophisticated Investors. 3. - Paragraph 1A New paragraph inserted to provide greater clarity on determining “related corporation”.