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COBS 10.1 Application

COBS 10.1.1RRP

[deleted]3

1
COBS 10.1.2RRP
234
  1. (1)

    This chapter applies to a firm which:6

    5
    1. (a)

      6arranges or deals in relation to a:

      1. (i)

        6non-readily realisable security;

      2. (ii)

        6speculative illiquid security;

      3. (iii)

        6derivative;

      4. (iv)

        6warrant; 7or

      5. (v)

        7unit in a long-term asset fund,

      6with or for a retail client, other than in the course of MiFID or equivalent third country business;

    2. (b)

      6facilitates a retail client becoming a lender under a P2P agreement;7

    3. (c)

      7issues a unit in a long-term asset fund to a retail client; or8

    4. (d)

      8transacts in a qualifying cryptoasset with or for a retail client,

    6and the firm is aware, or ought reasonably to be aware, that the application or order is in response to a direct offer financial promotion.

  2. (2)

    The rules in this chapter also apply to:6

    5
    1. (a)

      a TP firm (to the extent that the rule does not already apply to such a TP firm as a result of GEN 2.2.26R); and

    2. (b)

      a Gibraltar-based firm6 to the extent that the rule does not already apply to such a Gibraltar-based firm6 as a result of GEN 2.3.1R).

  3. (3)
    1. (a)

      8This chapter also applies to a registered person which transacts in qualifying cryptoassets with or for a retail client where the registered person is aware, or ought reasonably to be aware, that the application or order is in response to a direct offer financial promotion, as it applies to an authorised person.

    2. (b)

      For the purpose of (3)(a), in this chapter, relevant references to a firm include reference to a registered person.

COBS 10.1.3RRP

[deleted]3

Related rules

COBS 10.1.4GRP

A firm that is carrying on a regulated activity on a non-advised basis, whether or not the rules in this chapter apply to its activities, should also consider whether other rules in COBS apply.3