CASS 1.1 Application and purpose
Application
Purpose
The purpose of this chapter is to set out to whom, for what activities, and within what territorial limits the rules, evidential provisions and guidance in CASS apply.
The purpose of this chapter is to set out to whom, for what activities, and within what territorial limits the rules, evidential provisions and guidance in CASS apply.
CASS applies to every firm, except as provided for in CASS 1.2.3 R, with respect to the carrying on of:
all regulated activities except to the extent that a provision of CASS provides for a narrower application; and
unregulated activities to the extent specified in any provision of CASS.
CASS does not apply to:
an ICVC; or
an incoming EEA firm other than an insurer, with respect to its passported activities; or
With the exception of this chapter and the insurance client money chapter, CASS does2 not apply to:
2an authorised professional firm with respect to its non-mainstream regulated activities; or
the Society.
1The insurance client money chapter2 does not apply to an authorised professional firm with respect to its non-mainstream regulated activities, which are insurance mediation activities, if:
2the firm's designated professional body has made rules which implement article 4 of the Insurance Mediation Directive;3
3those rules have been approved by the FSA under section 332(5) of the Act; and
the firm is subject to the rules in the form in which they were approved.
The approach in CASS is to ensure that the rules in a chapter are applied to firms in respect of particular regulated activities or unregulated activities.
The scope of the regulated activities to which CASS applies is determined by the description of the activity as it is set out in the Regulated Activities Order. Accordingly, a firm will not generally be subject to CASS in relation to any aspect of its business activities which fall within an exclusion found in the Regulated Activities Order. The definition of designated investment business includes, however, activities within the exclusion from dealing in investments as principal in article 15 of the Regulated Activities Order (Absence of holding out etc).
The non-directive custody chapter and the non-directive client money chapter apply in relation to regulated activities, conducted by firms, which fall within the definition of designated investment business other than MiFID business.2
The collateral rules apply in relation to regulated activities, conducted by firms, which fall within the definition of designated investment business (including MiFID business).2
The insurance client money chapter2 applies in relation to regulated activities, conducted by firms, which fall within the definition of insurance mediation activities.1
2The MiFID custody chapter and the MiFID client money chapter apply in relation to regulated activities, conducted by firms, which fall within the definition of:2
MiFID business; and2
designated investment business other than MiFID business, where the firm has, in accordance with those rules, opted to comply with the provisions of those rules with respect of this business.2
The mandate rules apply in relation to regulated activities, conducted by firms, which fall within the definition of designated investment business (including MiFID business) and insurance mediation activity, except where it relates to a reinsurance contract.2
CASS applies directly in respect of activities conducted with or for all categories of clients.2
2In CASS, except in the insurance client money chapter, MiFID custody chapter and MiFID client money chapter,2 the term customer refers to retail clients and professional clients, but not eligible counterparties.2 Where relevant, each of the provisions of CASS makes clear whether it applies to activities carried on with or for retail clients or professional clients,2 or both.
222The insurance client money chapter2 does not generally distinguish between different categories of client. However, the term retail customer is used for those whom additional obligations are owed, rather than the term retail client.2 This is to be consistent with the client categories used in relation to the obligations in ICOB in relation to insurance mediation activities.1
22Each provision in the MiFID custody chapter and the MiFID client money chapter makes it clear whether it applies to activities carried on orfor retail clients, professional clients or both. There is no further modification of the rules in these chapters in relation to activities carried on for eligible counterparties. Such clients are treated in the same way as other professional clients for the purposes of these rules.2
2Where a firm is subject to both the non-directive custody chapter and the MiFID custody chapter, it must ensure segregation between designated investments held under each chapter, including that designated investments held under different chapters with the same third party, are held in different, separately designated, accounts.
2Where a firm is subject to more than one of the non-directive client money chapter,the insurance client money chapter and the MiFID client money chapter, it must ensure segregation between money held under each chapter, including that money held under different chapters is held, in different, separately designated, client bank accounts or client transaction accounts.
2A firm may opt to hold under a single chapter designated investments that would otherwise be held under different chapters (see CASS 6.1.7 G). A firm may also opt to hold under a single chapter money that would otherwise be held under different chapters (see CASS 4.1.1A R,CASS 5.1.1 R (3) and CASS 7.1.3R (1)).
Except as provided for in CASS 1.2.3 R (2), CASS applies to every firm, in relation to regulated activities carried on by it from an establishment in the United Kingdom.
1 CASS does not apply to an incoming ECA provider acting as such.
In the case of OPS activity undertaken by an OPS firm, CASS applies with the following general modifications:
references to customer are to the OPS or welfare trust, whichever fits the case, in respect of which the OPS firm is acting or intends to act, and with or for the benefit of which the relevant activity is to be carried on; and
if an OPS firm is required by any rule in CASS to provide information to, or obtain consent from, a customer, that firm must ensure that the information is provided to, or consent obtained from, each of the trustees of the OPS or welfare trust in respect of which that firm is acting, unless the context requires otherwise.
The non-directive custody chapter and the non-directive client money chapter apply in respect of any stock lending activity that isnot MiFID business undertaken with or for a customer by a firm. If the stock lending activity involves MiFID business or if the firm has opted to comply with the MiFID custody chapter or the MiFID client money chapter with respect to its non-MiFID business, then the MiFID custody chapter and the MiFID client money chapter apply.1
The collateral rules apply, where relevant, in respect of stock lending activity, whether or not the activity amounts to MiFID business
1The non-directive custody chapter and the non-directive client money chapter apply in respect of corporate finance business that isnot MiFID business undertaken by a firm. If the corporate finance business involves MiFID business or if the firm has opted to comply with the MiFID custody chapter or the MiFID client money chapter with respect to its non-MiFID business, then the MiFID custody chapter and the MiFID client money chapter apply.1
The collateral rules apply, where relevant, in respect of corporate finance business, whether or not the activity amounts to MiFID business.1
The non-directive custody chapter and the non-directive client money chapter apply in respect of oil market activity and other energy market activity that isnot MiFID business undertaken by a firm. If the energy market activity (including oil market activity) involves MiFID business or if the firm has opted to comply with the MiFID custody chapter or the MiFID client money chapter with respect to its non-MiFID business, then the MiFID custody chapter and the MiFID client money chapter apply.1
The collateral rules apply, where relevant, in respect of energy market activity, whether or not the activity amounts to MiFID business.1
Although CASS does not apply directly to a firm's appointed representatives, a firm will always be responsible for the acts and omissions of its appointed representatives in carrying on business for which the firm has accepted responsibility (section 39(3) of the Act). In determining whether a firm has complied with any provision of CASS, anything done or omitted by a firm's1appointed representative (when acting as such) will be treated as having been done or omitted by the firm (section 39(4) of the Act1). Equally, CASS does not apply directly to tied agents. A MiFID investment firm will be fully and unconditionally responsible for the acts and omission of the tied agents that it appoints. 2
11Firms should also refer to SUP 12 (Appointed representatives), which sets out requirements which apply to firms using appointed representatives and tied agents2.
The non-directive client money chapter and the MiFID client money chapter1 donot apply to a depositary when acting as such.
1The remainder of CASS applies to a depositary, when acting as such, with the following general modifications:
except in the mandate rules,1'client' means 'trustee', 'trust' or 'collective investment scheme' as appropriate; and
1in the mandate rules,1'client' means 'trustee' 'collective investment scheme' or 'collective investment scheme instrument' as appropriate.
1CASS does not apply to a trustee firm which is not a depositary or the trustee of a personal pension scheme or stakeholder pension scheme,2 except for the MiFID custody chapter, the MiFID client money chapter and the mandate rules21.2
12In 2the MiFID custody chapter, the MiFID client money chapter and the mandate rules, 'client' means 'trustee', 'trust',1 'trust instrument' or 'beneficiary',1 as appropriate.
211GEN 2.2.14 R (References to writing) has the effect that electronic media may be used to make communications that are required by the Handbook to be "in writing" unless a contrary intention appears.
For any electronic communication with a customer, a firm should:
have in place appropriate arrangements, including contingency plans, to ensure the secure transmission and receipt of the communication; it should also be able to verify the authenticity and integrity of the communication; the arrangements should be proportionate and take into account the different levels of risk in a firm's business;
be able to demonstrate that the customer wishes to communicate using this form of media; and
if entering into an agreement, make it clear to the customer that a contractual relationship is created that has legal consequences.
Firms should note that GEN 2.2.14 R does not affect any other legal requirement that may apply in relation to the form or manner of executing a document or agreement.