Client Affairs
UK's New Regime For Unregulated Collective Investment Schemes Starts

The UK’s new regime governing the sale of what are called Unregulated Collective Investment Schemes – or UCIS – has kicked in, designed to protect ordinary retail clients from marketing of investments deemed to be unsuitable for them.
The UK’s new regime governing the sale of what are called
Unregulated Collective Investment Schemes – or UCIS – has kicked
in, designed to protect ordinary retail clients from marketing of
investments deemed to be unsuitable for them.
Following a review of how UCIS were being marketed last year, the
Financial Conduct Authority’s new approach takes force from the
start of this year. However, while some schemes are affected,
venture capital trusts, which are listed vehicles that put money
into small firms and offer various tax breaks, will not be
brought under the umbrella of the change.
Octopus Investments, one of the firms that operates VCT and
similar investment structures, said it was relieved the regulator
had decided not to impose restrictions on the marketing of VCTs
to retail investors.
“Naturally we were delighted that the FCA had recognised that
there is a fundamental difference between VCTs and certain highly
illiquid, high risk and under-regulated products which the review
sought to restrict. This means that ordinary retail investors can
continue to access this useful investment product, and financial
advisors can keep an effective tax-planning tool in their
armoury. It could have been a very different Christmas for VCT
providers had this important distinction not been made,” Mike
Piddock, business line manager for VCTs at Octopus, said in a
note.
The move by the FCA is part of a general push by the watchdog to
protect retail investors from investments such as those where the
underlying assets are highly illiquid, or which adopt complex
strategies. Since the 2008 financial crisis, regulators around
the world have sought to tighten controls. One concern might be
that in their understandable zeal to prevent mis-selling,
investors could be denied the opportunity to hold high-return
products, a particular problem in a period of low interest
rates.
After what had been a difficult start to 2013, when the financial
services sector was digesting the full impact of the Retail
Distribution Review programme of reforms to financial advice,
interest in VCTs has been strong, Octopus’s Piddock said.
“And 2014 looks like it’s going to be even better. In particular,
we’re seeing investors looking at VCT investment throughout the
year rather than just a tax planning solution to be used in March
alongside their ISAs [Individual Savings Accounts],” he said.
However, had the UK regulator not exempted VCTs from its
crackdown on UCIS marketing to retail investors, the kind of
inflows Octopus is seeing would not have materialised, he said.