I wonder is this a legal distinction between strategy providers not earning from investors but rather taking a commission from Darwinex. So as a strategy provider I may promote “my” Darwin since I am not managing it (darwinex is) and hence not earning fees from the AUM.
However since any commission I earn from Darwinex for providing a strategy is related to the investment made into the Darwin and also related to my performance in the strategy I provide to Darwinex, this may be where the future regulation or current legal opinion lies? I am assuming at this point in time the regulation as it is worded in the UK does not extend to such earning arrangements.
It would be interesting to hear the advice Darwinex may have received from their lawyer, noting of course the regulation would be on the provider and not Darwinex (who are already regulated as IM).
@integracore2 I think you are right - this is an important subject to many,.