JPN FSA Customer-Oriented Sales

Updated on: Feb 11, 2025

Latest Event


  • Feb. 2025 Revisions Finalized
  • On Feb. 7, 2025, JPN FSA issued 82 public comments received and its responses.
  • Amended art. 80 para. 1 item 5(a) of FIBO to ensure that the proviso to art. 37-3 para. 1 of Financial instruments and exchange act (FIEA) applies, where shares bought via a shareholder association composed of an issuer's trading counterparts are sold.
  • Amended art. 80 para. 2 of FIBO, to ensure that bond transactions under art. 79 para. 6 item 2 can be treated in the same way as transactions of listed securities.
  • Clarified retention period for legal books in art. 157 para. 1 items 1-2, 2-2, 17-2.
  • Revised orders and ordinances, which were published on the Official Gazette on the same day, and supervisory guidelines will be effective from Apr. 1, 2025.
  • In Feb. 2025, JPN FSA said digital documents will take effect on Apr. 1, see #244449.
  • In Feb. 2025, JPN JITA published revised prospectus preparation rules, see #244518.
  • In Feb. 2025, TFX proposed revising trading account setup agreement, see #244593.

On Oct. 23, JPN FSA proposed revisions re customer-oriented sales.

  • JPN FSA proposed revisions to related cabinet office orders, ordinances, in accordance with the Act amending financial instruments and exchange act enacted Nov. 20, 2023.
  • Including Cabinet office order on financial instruments business (FIBO), Cabinet office ordinance on disclosure of information, etc. on issuers of foreign government bonds.
  • Overview of Proposed Revisions
  • Specify methods for providing information to customers before signing a contract, exemptions from the obligation to provide explanations in light of customer attributes.
  • Clarify the starting date of the cooling-off period depending on the method of providing information; establish provisions regarding the electronic provision of prospectuses.
  • Establish provisions on digitalization of trial procedures re an order to pay surcharges.
  • Consultation Period
  • Comments shall be submitted by Nov. 22, 2024.
  • Feb. 2025 Revisions Finalized
  • On Feb. 7, 2025, JPN FSA issued 82 public comments received and its responses.
  • Amended art. 80 para. 1 item 5(a) of FIBO to ensure that the proviso to art. 37-3 para. 1 of Financial instruments and exchange act (FIEA) applies, where shares bought via a shareholder association composed of an issuer's trading counterparts are sold.
  • Amended art. 80 para. 2 of FIBO, to ensure that bond transactions under art. 79 para. 6 item 2 can be treated in the same way as transactions of listed securities.
  • Clarified retention period for legal books in art. 157 para. 1 items 1-2, 2-2, 17-2.
  • Revised orders and ordinances, which were published on the Official Gazette on the same day, and supervisory guidelines will be effective from Apr. 1, 2025.
  • In Feb. 2025, JPN FSA said digital documents will take effect on Apr. 1, see #244449.
  • In Feb. 2025, JPN JITA published revised prospectus preparation rules, see #244518.
  • In Feb. 2025, TFX proposed revising trading account setup agreement, see #244593.
Regulators
JPN FSA
Entity Types
B/D; Corp; SIFI
Reference
OG 25, Ord 1m Ord 8, Ord 30, RF, FS, 2/7/2025; CP 10/23/2024; Law 79 of 2023; Ord 29 of 2024; FIBO; FIEA;
Functions
Complaints; Compliance; Financial; Legal; Product Administration; Reporting; Sales Practices; Suitability; Technology; Treasury
Countries
Japan
Category
State
N/A
Products
Corporate; Equity; Fixed Income; Securities
Rule Type
Final
Regions
AP
Rule Date
Oct 23, 2024
Effective Date
Apr 1, 2025
Rule ID
230853
Linked to
Reg. Last Update
Feb 7, 2025
Report Section
International