JPN FSA Customer Best Interests Duty


On Jun. 27, JPN FSA proposed revisions re digital, security tokens.


  • JPN FSA proposed revisions to relevant cabinet orders and cabinet office ordinances regarding the Act to partially amend the financial instruments and exchange act, etc.
  • Follows JPN FSA Mar. 2023 submitted a bill for 211th Diet session, see #166160.
  • Proposed Revisions
  • Concern the duty to consider best interests of customers; review of analog regulations based on the comprehensive review plan of regulations, in light of digital principles.
  • Review of security token-related matters; as well as the duty to publish online the method of publicizing customer solicitation policies set out by financial product sellers.
  • Consultation Period
  • Comments shall be submitted by Jul. 27, 2024.
  • Oct. 2024 Response to Comment
  • On Oct. 30, 2024, JPN FSA issued consultation feedback after receiving 76 comments.
  • Mainly clarified scope and finalized revisions, which are effective Oct. 30 or Nov. 1.
  • FSA also stated that revisions related to Enforcement order on the act on the provision of financial services and improvement in the environment for their use would be finalized at a later date, said it send related request letters to industry associations.
  • The relevant orders and ordinances were published on the Official Gazette same day.
  • Nov. 2024 Revisions Finalized
  • On Nov. 20, 2024, JPN FSA issued three public comments received and its responses.
  • Concerning the revisions to article 14 of the Order for enforcement of the act on the provision of financial services and the improvement of an environment for use.
  • Plus, the enactment of Cabinet office ordinance on the method of publicizing solicitation policies for the sales of financial products; JPN FSA recommended financial product sellers to provide information that is easily accessible and easy to understand.
  • Clarified that where financial product sellers have 21 or more employees and a website for advertising products, their solicitation policy must be posted on their website.
  • Financial product sellers with 20 or fewer full-time employees including sales staff will be exempt from the obligation to post their solicitation policy on their website.
  • The revised order and the enacted ordinance will be effective from Dec. 15, 2024.

Regulators JPN FSA
Entity Types B/D; Exch; Fiduciary; HF; IA; IB; Ins; MSB; Pension
Reference RF, FS, 11/20/2024; OG 253, Ord 3, 6, 8, 9, 17, 89, 90, 331, Nt 2, 12, 13, 14, 15, 16, 80, 81, 82, 83, 84, FS, RF, Gd, PR, Rsp 10/30/2024; CP 6/27/2024; Ord 484 of 2000; Law 79 of 2023; FIEA;
Functions Compliance; Financial; Legal; Operations; Reporting; Risk; Sales Practices; Technology
Countries Japan
Category
State
Products Cryptocurrency; Education; Fund Mgt; Hedge Funds; Insurance; Loan; Pensions; Securities
Regions AP
Rule Type Final
Rule Date 6/27/2024
Effective Date 12/15/2024
Rule Id 217335
Linked to Rule :166160
Reg. Last Update 11/20/2024
Report Section International

Last substantive update on 11/24/2024