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You are viewing the version of the document as on 2021-12-09.

Timeline guidance

COBS 13.1 The obligation to prepare product information

Non-PRIIP packaged products, cash-deposit ISAs and cash-deposit CTFs

COBS 13.1.1 R RP

1A firm must prepare:2

  1. (1)

    a key features document for each non-PRIIP packaged product8, cash-deposit ISA, cash-only lifetime ISA7 and cash-deposit CTF it produces2; and2

  2. (2)

    a key features illustration for each non-PRIIP packaged product8 it produces;2

in good time before 2those documents have to be provided.

PRIIPs

COBS 13.1.1A G
  1. (1)

    8The PRIIPs Regulation requires the manufacturer of a PRIIP to draw up a key information document in accordance with the PRIIPs Regulation before that PRIIP is made available to retail investors (as defined in the PRIIPs Regulation) in the United Kingdom9.

    [Note: article 5 of the PRIIPs Regulation]

  2. (2)

    Since the PRIIPs Regulation imposes 9requirements in relation to the preparation of product information for PRIIPs, the rules in COBS 13.1 to COBS 13.4 do not apply to a firm in relation to the manufacture of a PRIIP (except where applicable to Solvency II Directive information). COBS 13.5 and COBS 13.6 continue to apply where relevant.

Application of the PRIIPs regulation to funds

COBS 13.1.1B G
  1. (1)

    8A UCITS management company is exempt from the PRIIPs Regulation until 31 December 202111. These firms should continue to publish a key investor information document until that date (see COLL 4.7).

  2. (2)
    1. (a)

      A manager of a fund offered to retail investors in the United Kingdom9, other than a UCITS, is able to benefit from this exemption where a the United Kingdom9 applies rules on the format and content of the key investor information documentwhich implemented9 articles 78 to 81 of the UCITS Directive to that fund (see article 32(2) of the PRIIPs Regulation).

    2. (b)

      The FCA has made rules for authorised fund managers of non-UCITS retail schemes to give them the choice of benefiting from this exemption (see COLL 4.7).

    3. (c)

      An authorised fund manager of a non-UCITS retail scheme offered to retail clients in the United Kingdom9 may, until 31 December 202111, draw up either:

      1. (i)

        a key information document in accordance with the PRIIPs Regulation; or

      2. (ii)

        a NURS-KII document.

[Note: Article 32(1) of the PRIIPs Regulation as amended by article 17(1) of Regulation (EU) 2019/1156 of the European Parliament and of the Council of 20 June 2019]11

Information on life policies5

COBS 13.1.2 R RP

A firm must prepare the Solvency II Directive information6 for each life policy it effects:

6
  1. (1)

    in a clear and accurate manner and in writing; and6

  2. (2)

    in an official language of the State of the commitment, or in another language if the policyholder so requests and the law of the State of the commitment so permits or the policyholder is free to choose the law applicable;6

in good time before that information has to be provided.

[Note: article 185(1) and (6) of the Solvency II Directive6]

6
COBS 13.1.2A G

8A firm that effects life policies which are also PRIIPs should consider whether it is also required to draw up a key information document in respect of those life policies in accordance with the requirements of the PRIIPs Regulation.

Exceptions

COBS 13.1.3 R RP

A firm is not required to prepare:

  1. (1)

    a document, if another firm has agreed to prepare it; or

  2. (2)

    a key features document for:

    1. (a)

      a unit in a regulated collective investment scheme8; or

      3
    2. (b)

      [deleted]8

      33
    3. (c)

      [deleted]8

    4. (d)

      a stakeholder pension scheme, or personal pension scheme that is not a personal pension policy, if the information appears with due prominence in another document; or

    5. (e)

      an interest in an investment trust savings scheme; or8

  3. (3)

    2 a key features illustration:3

    2
    1. (a)

      for a unit in a regulated collective investment scheme8; or

      3
    2. (b)

      [deleted]8

      3
    3. (c)

      if it includes 10in a key features document;

      3
      1. (i)

        the information from the key features illustration; and10

      2. (ii)

        the summary key information required by COBS 13.4.1AR; or 10

    4. (d)

      [deleted]85

      6
    5. (e)

      for an interest in an investment trust savings scheme.8

  4. (4)

    [deleted]6

    6
COBS 13.1.4 R RP

[deleted]8

3 3 4 4