Post-Brexit SEIS/EIS Compliance: Learnings from FCA and ASIC Cooperation

Why Post-Brexit Investment Compliance Matters

The landscape for seed and enterprise investment in the UK has shifted dramatically since Brexit. For founders and investors using SEIS (Seed Enterprise Investment Scheme) and EIS (Enterprise Investment Scheme), post-Brexit investment compliance isn’t just jargon—it’s the difference between smooth fundraising and costly regulatory pitfalls. You need to know how to navigate new memoranda of understanding (MoUs), updated equivalence regimes and seamless cross-border data sharing.

In this guide, we dive into the FCA-ASIC MoUs, unpack actionable compliance insights for SEIS/EIS managers and show you practical step-by-step best practices. Plus, learn how Oriel IPO’s commission-free, subscription-based platform—complete with curated opportunities and expert educational tools—can support your regulatory journey. Ready to secure your spot in a tax-efficient UK startup market? Revolutionising Investment Opportunities in the UK with post-Brexit investment compliance

Understanding SEIS and EIS in a Post-Brexit World

SEIS and EIS are core to early-stage funding in the UK. They offer:
– Up to 50% income tax relief on SEIS investments.
– Up to 30% income tax relief on EIS investments.
– Capital gains tax exemptions on qualifying shares.
– Loss relief on any failed investment.

These generous incentives require strict adherence to HMRC rules. Post-Brexit, you also have to factor in international cooperation frameworks. That’s where the FCA (Financial Conduct Authority) and ASIC (Australian Securities and Investments Commission) step in. Their new MoUs ensure that trade repositories and alternative investment fund (AIF) data keep flowing, and existing equivalence decisions stay in force.

The FCA and ASIC MoUs: What You Need to Know

The two memoranda signed by FCA and ASIC cover:

  • Trade Repositories
    Under the UK’s onshored EMIR regime, the FCA now supervises UK-based trade repositories. ASIC gains ongoing access to derivatives data needed for its mandates.

  • Alternative Investment Funds (AIFs)
    The updated MoU provides a framework to supervise cross-border AIF managers. It’s a precondition for non-EU AIFMs to market funds in the UK and Australia.

  • Continuity of Equivalence
    Existing equivalence decisions granted by the EU to Australia will roll into UK law. ASIC likewise commits to recognising the UK’s regime for Australian market operators.

Together, these agreements pave the way for uninterrupted cooperation. For SEIS/EIS, this means smoother oversight for companies raising capital across jurisdictions and clearer data-sharing channels for regulators.

Key Compliance Learnings for SEIS/EIS Managers

Post-Brexit investment compliance demands a fresh look at your governance, reporting and cross-border playbook. Here are crucial takeaways:

  1. Strengthen Information Sharing
    – Maintain centralised records of investor portfolios.
    – Ensure you can quickly respond to FCA or ASIC data requests.

  2. Validate Equivalence Continuously
    – Keep track of HM Treasury announcements on equivalence roll-overs.
    – Update your compliance manuals to reflect any EU-derived changes.

  3. Align Supervisory Frameworks
    – Cross-reference UK AIFM rules against Australian requirements.
    – Train your team on both regimes to avoid conflicting interpretations.

  4. Embed Transparency in Fund Marketing
    – Use clear, consistent language on risk, tax reliefs and timelines.
    – Document all marketing materials for regulatory audits.

These learnings aren’t theoretical. They stem from real MoU provisions and the expectation that SEIS/EIS managers stay proactive rather than reactive.

Best Practices for Startups and Investors

Whether you’re a founder pitching for SEIS/EIS relief or an investor hunting for tax-efficient deals, these steps simplify compliance:

  • Due Diligence and KYC
    Collect and verify investor documentation in line with FCA standards. Cross-border dealings must satisfy both UK AML rules and ASIC’s counterpart requirements.

  • Robust Record Keeping
    Keep digital logs of share issuances, board minutes and investor communications. A centralised compliance dashboard helps flag missing items.

  • Regular Compliance Audits
    Schedule quarterly checks on your processes. Use independent advisors or Oriel IPO’s educational resources to benchmark.

  • Stay Ahead with Guidance
    Follow FCA and ASIC press releases. Subscribe to updates on equivalence decisions and EMIR changes.

Investing in these best practices reduces the risk of costly fines and helps maintain a sterling reputation among stakeholders. To dive deeper into seamless post-Brexit investment compliance, check out Transform your approach with post-Brexit investment compliance today

Leveraging Oriel IPO for Compliance Confidence

Navigating SEIS/EIS rules while courting angel investors can be overwhelming. That’s where Oriel IPO comes in:

  • Commission-free marketplace: Keep 100% of funds raised.
  • Subscription-based model: Predictable costs, no surprise fees.
  • Curated, vetted opportunities: Every startup meets SEIS/EIS eligibility before listing.
  • Educational tools: Webinars, guides and expert insights on tax reliefs and regulatory updates.

By combining a transparent platform with rich educational content, Oriel IPO helps you stay compliant and compelling to investors—all without sacrificing equity to excessive fees.

Compliance Checklist: Your Roadmap to Success

Here’s a handy checklist to track your post-Brexit investment compliance:

  • [ ] Confirm continuity of equivalence decisions.
  • [ ] Update your compliance manual with FCA-ASIC MoU highlights.
  • [ ] Centralise data for trade repository and AIF transparency.
  • [ ] Review marketing materials for accurate SEIS/EIS disclosures.
  • [ ] Conduct quarterly compliance audits.
  • [ ] Leverage Oriel IPO’s resources for ongoing guidance.

What Our Users Say

“Oriel IPO’s clarity on post-Brexit rules saved us hours of legal back-and-forth. We raised our SEIS round with confidence.”
– Sarah Jenkins, Co-founder of GreenWave Technologies

“As an investor, I appreciate the platform’s transparency. I know every opportunity ticks the right regulatory boxes.”
– Mark Patel, Angel Investor

“The webinars demystify complex EMIR and AIFM regulations. A game-changer for our small team.”
– Claire O’Donnell, CFO, UrbanVentures

Future Outlook: Staying Ahead in Regulatory Change

Regulations never stand still. As the UK negotiates new trade deals and updates financial legislation, SEIS/EIS managers must:

  • Monitor HM Treasury and FCA announcements.
  • Join industry groups and advisory panels.
  • Adjust internal policies to absorb new frameworks swiftly.

By staying alert and agile, you’ll turn compliance from a checkbox into a competitive edge.

Conclusion

Post-Brexit investment compliance needn’t be a headache. By understanding the FCA-ASIC MoUs, embedding best practices and leveraging platforms like Oriel IPO, you secure a seamless path to tax-efficient funding. Ready to streamline your SEIS/EIS journey and stay ahead of regulatory shifts? Secure post-Brexit investment compliance with Oriel IPO today

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