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COBS 13.1 The obligation to prepare product information

COBS 13.1.1 R RP

1A firm must prepare:2

  1. (1)

    a key features document for each packaged product, cash-deposit ISA and cash-deposit CTF it produces2; and2

  2. (2)

    a key features illustration for each packaged product it produces;2

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

COBS 13.1.2 R RP

A firm must prepare the Consolidated Life Directive information for each life policy it effects, in good time before that information has to be provided.

in good time before that information has to be provided.

[Note: article 36(1) of, and Annex III to, the Consolidated Life Directive]

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 simplified prospectus scheme; or

    2. (b)

      a unit in an EEA simplified prospectus scheme; or

    3. (c)

      a unit in a key features scheme, if it prepares a simplified prospectus, or the information appears with due prominence in another document, instead; or

    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

  3. (3)

    2 a key features illustration, if it includes the information from the key features illustration in a key features document2; or

  4. (4)

    the Consolidated Life Directive information, if the policy is a reinsurance contract or a pure protection contract.

COBS 13.1.4 R RP

A single document prepared for more than one key features scheme, simplified prospectus scheme or EEA simplified prospectus scheme may combine more than one key features document, simplified prospectus or EEA simplified prospectus or any combination of them, if the schemes are offered through a funds supermarket service and the document clearly describes the difference between the schemes.

COBS 13.2 Product information: production standards, form and contents

COBS 13.2.1 G RP

1When a firm prepares documents or information in accordance with this chapter, the firm should consider the rules on providing product information (COBS 14). Those rules require a firm to provide the product information in a durable medium or via a website that meets the website conditions (if the website is not a durable medium).

[Note: article 29(4) of the MiFID implementing Directive]

COBS 13.2.2 R RP

A key features document and a key features illustration2must also:

  1. (1)

    (if it is a key features document) 2be produced and presented to at least the same quality and standard as the sales or marketing material used to promote the relevant product;

  2. (2)

    (if it is a key features document) 2display the firm's brand at least as prominently as any other;

  3. (3)

    (if it is a key features document or a key features illustration which does not form an integral part of the key features document) 2include the ‘Key facts’ logo in a prominent position at the top of the document; and

  4. (4)

    (if it is a key features document or a key features illustration which does not form an integral part of the key features document) 2include the following statement in a prominent position:

    “The Financial Services Authority is the independent financial services regulator. It requires us, [provider name], to give you this important information to help you to decide whether our [product name] is right for you. You should read this document carefully so that you understand what you are buying, and then keep it safe for future reference”.

COBS 13.2.3 G RP
COBS 13.2.4 R RP

The documents and information prepared in accordance with the rules in this chapter must not include anything that might reasonably cause a retail client to be mistaken about the identity of the firm that produced, or will produce, the product.

COBS 13.3 Contents of a key features document

General requirements

COBS 13.3.1 R RP

A key features document must:

  1. (1)

    include enough information about the nature and complexity of the product, how it works, any limitations or minimum standards that apply and the material benefits and risks of buying or investing for a retail client to be able to make an informed decision about whether to proceed; and

  2. (2)

    explain:

    1. (a)

      the arrangements for handling complaints about the product;

    2. (b)

      that compensation might be available from the FSCS if the firm cannot meet its liabilities in respect of the product (if applicable);

    3. (c)

      that a right to cancel or withdraw exists, or does not exist, and, if it does exist, its duration and the conditions for exercising it, including information about the amount a client may have to pay if the right is exercised, the consequences of not exercising it and practical instructions for exercising it, indicating the address to which any notice must be sent;

    4. (d)

      (for a CTF) that stakeholder CTFs, cash-deposit CTFs and 1security-based CTFs1 are available and which type the firm is offering; and

    5. (e)

      (for a personal pension scheme) clearly and prominently, that stakeholder pension schemes are generally available and might meet the client's needs as well as the scheme on offer.

Additional requirements for packaged products

COBS 13.3.2 R RP

Table

A key features document for a packaged product must:

(1)

Include the title: ‘key features of the [name of product]’;

(2)

describe the product in the order of the following headings, and by giving the following information under those headings:

Heading

Information to be given

‘Its aims’

A brief description of the product’s aims

‘Your commitment’ or ‘Your investment’

What a retail client is committing to or investing in and any consequences of failing to maintain the commitment or investment

‘Risks’

The material risks associated with the product, including a description of the factors that may have an adverse effect on performance or are material to the decision to invest

‘Questions and Answers’

(in the form of questions and answers) the principle terms of the product, what it will do for a retail client and any other information necessary to enable a retail client to make an informed decision.

COBS 13.4 Contents of a key features illustration

COBS 13.4.1 R RP

1 A key features illustration must include appropriate charges information and, if it is a packaged product which is not a financial instrument:

  1. (1)

    must include a standardised deterministic projection;

  2. (2)

    the projection and charges information must be consistent with each other ;

  3. (3)

    it may also include alternative projections except that the most prominent projection must be a standardised deterministic projection.

Exceptions

COBS 13.4.2 R RP

A key features illustration must not include a generic projection unless:

  1. (1)

    there are reasonable grounds for believing that that projection will be sufficient to enable a retail client to make an informed decision about whether to invest; or

  2. (2)

    it is a direct offer financial promotion.

COBS 13.4.3 G RP

A generic projection is unlikely to be sufficient to enable a retail client to make an informed decision about whether to invest if the premium or investment returns on the product will be materially affected by the personal characteristics of the investor.

COBS 13.4.4 R RP

There is no requirement to include a projection in a key features illustration:

  1. (1)

    for a single premiumlife policy bought as a pure investment product, a product with benefits that do not depend on future investment returns or any other product if it is reasonable to believe that a retail client will not need one to be able to make an informed decision about whether to invest; or

  2. (2)

    if the product is:

    1. (a)

      a SIPP from which no income withdrawals are being taken (but if the SIPP is being used to contract out of the State Second Pension, the key features illustration must include a projection for an appropriate personal pension and a contracting-out comparison, for those benefits)2; or

    2. (b)

      a life policy that will be held in a CTF or sold with basic advice (unless the policy is a stakeholder pension scheme).

COBS 13.4.5 G RP

Although there may be no obligation to include a projection in a key features illustration, where a firm chooses to include one, the projection must follow the appropriate requirements, as outlined in this section, or for financial instruments under COBS 4.6.7 R.

COBS 13.5 Preparing product information: other projections

Projections for in-force products

COBS 13.5.1 R RP

1A firm that communicates a projection for an in-force packaged product which is not a financial instrument:

  1. (1)

    must include a standardised deterministic projection;

  2. (2)

    may also include an alternative projection except that the most prominent projection must be a standardised deterministic projection; and

must follow the projectionrules in COBS 13 Annex 2.

Projections: other situations

COBS 13.5.2 R RP

A firm that communicates a projection for a packaged product which is not a financial instrument,

  1. (1)

    for which a key featureillustration is not required to be provided; and

  2. (2)

    which is not an in-force packaged product;

must ensure that such a projection is either a standardised deterministic projection or an alternative projection in accordance with COBS 13 Annex 2.

Exceptions to the projection rules: projections for more than one product

COBS 13.5.3 R RP

A firm that communicates a projection of benefits for a packaged product which is not a financial instrument, as part of a combined projection where other benefits being projected include those for a financial instrument or structured deposit, is not required to comply with the projection rules in COBS 13.4, COBS 13.5 and COBS 13 Annex 2 to the extent that it complies with the future performance rule (COBS 4.6.7 R).

COBS 13.5.4 G RP

The general requirement that communications be fair, clear and not misleading will nevertheless mean that a firm that elects to comply with the future performance rule in COBS 4.6.7 R will need to explain how the combined projection differs from other information that has been or could be provided to the client, including a projection provided under the projectionrules in COBS 13.4, COBS 13.5 and COBS 13 Annex 2.

COBS 13 Annex 1 The Consolidated Life Directive Information

This annex belongs to COBS 13.1.2 R (The Consolidated Life Directive Information)

Information about the firm

(1)

The firm's name and its legal form;

(2)

The name of the EEA State in which the head office and, where appropriate, agency or branch concluding the contract is situated; and

(3)

The address of the head office and, where appropriate, agency or branch concluding the contract.

Information about the commitment

(4)

Definition of each benefit and each option;

(5)

Term of the contract;

(6)

Means of terminating the contract;

(7)

Means of payment of premiums and duration of payments;

(8)

Means of calculation and distribution of bonuses;

(9)

Indication of surrender and paid-up values and the extent to which they are guaranteed;

(10)

Information on the premiums for each benefit, both main benefits and supplementary benefits, where appropriate;

(11)

For unit-linked policies, definition of the units to which the benefits are linked;

(12)

Indication of the nature of the underlying assets for unit-linked policies;

(13)

Arrangements for application of the cooling-off period;

(14)

General information on the tax arrangements applicable to the type of policy;

(15)

The arrangements for handling complaints concerning contracts by policyholders, lives assured or beneficiariesunder contracts including, wereappropriate, the existence of a complaints body, without prejudice to the right to take legal proceedings; and

(16)

Law applicable to the contract where the parties do not have a free choice or, where the parties are free to choose the law applicable, the law the insurer proposes to choose.

[Note: article 36(1) of, and Annex III to, the Consolidated Life Directive]

COBS 13 Annex 2 Projections

This annex belongs to COBS 13.4.1 R (Contents of a key features illustration), COBS 13.5.1 R (Projections for in-force products) and COBS 13.5.2 R (Projections: other situations).

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Projections

1

Calculating standardised deterministic projections

1.1

A standardised deterministic projection must:

(1)

include a projection of benefits at the lower, intermediate and higher rates of return;

(2)

be rounded down; and

(3)

show no more than three significant figures.

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1.2

Calculating projections: additional requirements for a pension scheme

(1)

A standardised deterministic projection within a key features illustration for a personal pension scheme or stakeholder pension scheme must include or be accompanied by information explaining the impact of inflation on those benefits.

(2)

Where a firm chooses to provide that information required in (1) in the form of one or more projections of benefits, it must include a projection in real terms, so long as it is either:

(a)

calculated using:

(i)

the appropriate intermediate rate of return;

(ii)

the intermediate rate of price inflation, in accordance with COBS 13 Annex 2 2.5R; and

(iii)

an annuity calculated in accordance with COBS 13 Annex 2 3.1R; or

(b)

consistent with the statutory money purchase illustration assumptions, with any material differences between the assumptions used and those otherwise required for accompanying standardised deterministic projections explained.

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1.3

(1)

If a generic projection is prepared for a stakeholder pension scheme or personal pension scheme, sufficient separate projections, covering a range of different contractual periods and contributions, must be included for a retail client to be able to make an informed decision about whether to invest.

(2)

A projection prepared on that basis may omit benefits in nominal terms and only show a range of figures at the intermediate rate of return, of benefits in real terms.

G

1.4

A firm will provide sufficient separate projections if it prepares a table that shows projections in real terms for a variety of periods to maturity and a variety of contribution levels, taking into account the charges and other material terms that apply to the stakeholder pension scheme or personal pension scheme. Such a table could be laid out like a specimen benefits table (see COBS 13 Annex 2 1.8).

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Calculating an alternative projection

1.5

An alternative projection must:

(1)

(if the alternative projection is not a stochastic projection) not exceed the higher rate of return;

(2)

(if the alternative projection is not a stochastic projection), use assumptions consistent with the assumptions which apply to standardised deterministic projections in this Annex, unless the reasons for any inconsistency are:

(a)

reasonable;

(b)

explained to a retail client, with enough information for the retail client to be able to understand the difference between the alternative projection and any standardised deterministic projection being provided; and

(3)

(if the alternative projection is a stochastic projection) only be used if:

(a)

there are reasonable grounds for believing that a retail client will be able to understand it;

(b)

it is based on a reasonable number of simulations and assumptions which are reasonable and supported by objective data; and

(c)

the alternative projection is accompanied by enough information for the retail client to be able to understand the difference between the alternative projection and any standardised deterministic projection being provided.

G

1.6

An alternative projection may be used either as part of a key features illustration or separately. However, it must not detract from any standardised deterministic projection required by COBS 13.4.1 R or COBS 13.5.1 R.

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Exceptions

1.7

A projection:

(1)

for a product that will mature in six months or less; or

(2)

prepared in order to determine the maximum level of contributions permitted to be made to a personal pension scheme,

may be prepared and presented on any reasonable basis but only if, in the case of (2), the assumptions used to calculate the projection and contributions are disclosed with the relevant projection.

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1.8

In the case of a stakeholder pension scheme, the specimen benefits table, contained within the "Stakeholder pension decision tree" factsheet available on www.moneymadeclear.org.uk2and headed "Pension Table...How much should I save towards a pension?" which sets out initial monthly pension amounts, may be used instead of a standardised deterministic projection but only if it is accompanied by an explanation of the caveats and assumptions behind the table.

2

R

1.9

The rules in this Annex do not apply to a projection which is consistent with the statutory money purchase illustration requirements.

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1.10

A personal pension scheme or stakeholder pension scheme taken out before 6 April 2014 may omit the standardised deterministic projection for existing business may omit the projection at the intermediate rate of return

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2

Assumptions to follow when calculating projections.

Assumptions: projection date

2.1

A standardised deterministic projection must be calculated to the projection date described below:

Product

Projection date

(1)

A contract which is a whole life assurance the premiums under which are regular premiums

The anniversary of the commencement date:

(a) which first falls after the seventy-fifth birthday of the life assured; or

(b) (if there is more than one life assured) the anniversary of the commencement date which falls after the seventy fifth birthday of:

(i) (if benefits are payable on the first death) the oldest life assured; or

(ii) (in all other cases) the youngest life assured;

subject to a minimum projection date of ten years.

(2)

A contract that is not in (1):

(a) where the relevant marketing refers to a surrender value or an option to take benefits before they would otherwise be paid; or

(b) that is open-ended, or linked to one or more lives, which is not a personal pension scheme or stakeholder pension scheme

An appropriate date which highlights the features of the product

(3)

A contract that is not in (1) or (2) and has a specified maturity date

The maturity date specified in the contract

(4)

A contract that is not in (1) or (2) or (3)

The tenth anniversary of the commencement date

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Assumptions: contributions

2.2

A standardised deterministic projection must:

(1)

take account of all contributions due during the projection period;

(2)

be calculated on the basis that contributions are accumulated, net of charges, at the appropriate rate of return compounded on an annual basis;

(3)

(if it includes assumptions about contribution increases in line with an index) be based on an assumption that contribution increases are consistent with any assumptions regarding that index in this annex; and

(4)

deduct from contributions any rider benefits or extra premium which may be charged for an increased underwriting risk.

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Assumptions: rates of return

2.3

A standardised deterministic projection must be calculated using the following rates of return:

Nominal rates

Lower rate

Inter-mediate rate

Higher rate

tax-exempt business held in a wrapper or by a friendly society

personal pension schemes, stakeholder pension schemes and investment-linked annuities

5%

7%

9%

all other products

4%

6%

8%

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Exception

2.4

A standardised deterministic projection:

(1)

must be calculated using lower rates of return, if the rates described in this section overstate the investment potential of the product;

(2)

may be calculated using a lower rate of return if a retail client requests it.

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Assumptions: inflation

2.5

If inflation is taken into account, the standardised deterministic projection must be calculated using the following rates:

Lower rate

Inter-mediate rate

Higher rate

Price inflation

0.50%

2.50%

4.50%

Earnings inflation

>2%

>4%

>6%

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Assumptions: charges

2.6

The charges allowed for in a standardised deterministic projection:

(1)

must properly reflect:

(a)

all of the charges, expenses and deductions a client will, or may be expected to, pay;

(b)

the tax relief available to the firm in respect of so much of the firm's gross expenses as can properly be attributed to the contract; and

(c)

the fact that certain charges will be fully or partially off-set, but only to the extent that the firm can show that the off-set funds will be available when the relevant charges arise; and

(2)

must not include the firm's dealing costs incurred on the underlying portfolio.

G

2.7

(1)

Development and capital costs should normally be written off in the year in which they are incurred. However, some costs (for example, exceptional new business expenses) may be amortised and previous years’ costs may then be brought into account.

(2)

If it is reasonable to assume that higher expenses will be incurred in the future, appropriate allowances should be made, and any inflation assumptions should be consistent with those prescribed in these rules.

(3)

Expenses should be apportioned appropriately between products so that scales of expenses can be calculated and applied.

(4)

Where appropriate, mortality and morbidity should be allowed for on a best estimate basis. The basis for annuities should allow for future improvements in mortality.

(5)

A projection should not assume that charges will fall over time to a rate that is lower than the rate currently being charged on the relevant product (or, if there is no such charge, on a similar product).

(6)

A projection of surrender value, cash-in value or transfer value should take into account any specific current surrender value basis and penalties which may be applied.

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Additional requirements: with-profits policies

2.8

(1)

A standardised deterministic projection for a with-profits policy must properly reflect the deductions from asset share which a firm expects to make in accordance with its deductions plan.

(2)

A standardised deterministic projection for a with-profits policy where bonus rates apply must assume that the bonus rates supported by the relevant premium and rate of return apply throughout the term of the contract.

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Additional requirements: unsecured and alternatively secured pensions

2.9

(1)

A standardised deterministic projection for an unsecured or alternatively secured pension must be based on the requirements contained in (2) to the extent that they impose additional or conflicting requirements to the balance of the rules in this section.

(2)

A standardised deterministic projection for an unsecured or alternatively secured pension must be based on an assumption that the current gilt-index yield will continue to apply throughout the relevant term and include:

(a)

the maximum initial income specified in the tables published by the Government Actuaries Department for an unsecured or alternatively secured pension (as the case may be);

(b)

the assumed level of income;

(c)

for a short-term annuity, where subsequent short-term annuities are assumed, a statement reflecting that fact;

(d)

(under the heading 'What the benefits might be'), the amount of income and the projected value of the fund at each fifth anniversary for the lower, intermediate and higher rates of return;

(e)

the projected open market values and the amounts of annuity at age 75 or the date at which it is reasonably assumed that an annuity will be purchased (which, for an alternatively secured pension, must be after ten years); and

(f)

the amount of annuity that could be secured using an immediate annuity rate available in the market.

R

3

How to calculate a projection for a future annuity

3.1

A projection for a future annuity must:

(1)

be calculated by rounding all factors to three decimal places before applying them to the relevant retirement fund;

(2)

be based on the mortality tables PMA92 and PFA92, using the medium cohort projection based on year of birth mortality rates;

(3)

(for a protected rights annuity) be calculated on a unisex basis so the policyholder has female mortality and the spouse has male mortality;

(4)

(for an annuity where two lives are concerned):

(a)

reflect the age difference between the two lives; or

(b)

be based on the assumption that the male life is three years older than the female (if the genders differ) or the two lives have the same age (if the genders are the same);

(5)

include an expenses allowance of 4%;

(6)

be based on the following rates of return as appropriate:

R

Lower rate

Intermediate rate

Higher rate

Level or fixed rate of increase annuities

Y+1.5%

Y+3.5%

Y+5.5%

RPI or LPI linked annuities

Y-1%

Y

Y+1%

R

where:

'Y' is 0.5* (ILG0 + ILG5)-0.5 rounded to the nearest 0.2%, with an exact 0.1% rounded down; and

'ILG0' and 'ILG5' are the real yield on the FTSE Actuaries Government Securities Index-linked Real Yields over 5 years, assuming 0% and 5% inflation respectively, updated every 6 April to use the ILG0 and ILG5 which applied on or, if necessary, the business day immediately before, the preceding 15 February; and

(7)

(in the case of a future annuity with less than one year to maturity) be calculated using annuity rates that are no more favourable than the firm's relevant current immediate annuity rate or (if there is no such rate) the relevant immediate annuity rate available in the market; and

(8)

be assumed to be payable monthly in advance with a guaranteed period of 5 years, unless it is unreasonable to do so.

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3.2

A projection for a future annuity:

(1)

must be calculated using lower rates of return , if the rates described in this section overstate the investment potential of the product;

(2)

may be calculated using a lower rate of return if a retail client requests it.

R

4

How to calculate a projection for an appropriate personal pension

4.1

(If a client is considering whether to contract out), a projection for an appropriate personal pension must include or be accompanied by

(1) a contracting out comparison providing a description of:

(a) the benefits that minimum contributions would secure if a retail client did not contract out of the State Second Pension; and

(b) the material differences between the anticipated position if a retail client remains contracted into the State Second pension and the anticipated position if that client contracts out;

which is calculated to the client's state retirement age using the lower and higher rates of return in 4.2R and aggregate contributions for the current and the next two tax years.

(2) an explanation that the figures in the comparison are intended to illustrate:

(a) the amount of pension that client might get compared with the benefit to be given up under the State Second Pension; and

(b) what might happen if the lower and higher rates of return were achieved each year.

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4.2 This table belongs to 4.1 R

Pre- and post-vesting real rates of return for contracting out comparisons.

Lower rate

Higher rate

1%

3%

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5

How to present a projection

5.1

A standardised deterministic projection must be accompanied by:

(1)

appropriate risk warnings, including warnings about volatility , the relationship between figures in real terms and those in nominal terms, and the degree to which any figures can be relied upon; and

(2)

a statement:

(a)

that projection rates are standardised or an explanation that projection rates that are lower than the standard rates have been used and why;

(b)

that charges may vary;

(c)

of the contributions that have been assumed;

(d)

that increases in contributions have been assumed (if that is the case), together with sufficient information for a retail client to be able to understand the nature and magnitude of the assumed increases; and

(e)

of the sum of any actual premiums charged for any rider benefits or increased underwriting risks (where these have been charged).

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Additional requirements: pension schemes and products linked to other products

5.2

A standardised deterministic projection for a product where the benefits illustrated depend on a link to a separate product must include an appropriate description of the material factors that might influence the returns available overall and any restrictions assumed in providing an illustration of benefits in relation to that separate product.

COBS 13 Annex 3 Charges

This annex belongs to COBS 13.4.1 R (Contents of a key features illustration)

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Charges

1

Appropriate charges information

1.1

Appropriate charges information comprises:

(1)

a description of the nature and amount of the charges a client will or may be expected to bear;

(2)

an 'effect of charges' table; and

(3)

'reduction in yield' information.

1.2

Where a firm does not include a projection within its key features illustration the charges information can be on a generic basis.

Exceptions

1.3

An effect of charges table and reduction in yield information are not required for:

(1)

a life policy without a surrender value, but an appropriate warning must be included to make it clear that the policy has no cash-in value at any time;

(2)

a SIPP;

(3)

a stakeholder pension scheme, if the following is included instead:

“There is an annual charge of y% of the value of the funds you accumulate. If your fund is valued at £500 throughout the year, this means we deduct [£500 x y/100] that year. If your fund is valued at £7500 throughout the year, we will deduct [£7500 x y/100] that year.”

(4)

a stakeholder product that is not a stakeholder pension scheme, or a product that will be held in a CTF where the relevant product and the CTF levy their charges annually, if the following is included instead:

“There is an annual charge of y% of the value of the funds you accumulate. If your fund is valued at £250 throughout the year, this means we deduct [£250 x y/100] that year. If your fund is valued at £500 throughout the year, this means we deduct [£500 x y/100] that year. [After ten years these deductions reduce to [£250 x r/100] and [£500 x r/100] respectively.]”

where (in the case of (3) and (4)) ‘y’ is the annual charge and ‘r’ is the reduced annual charge (if any).

1.4

Reduction in yield information is not required for a without profits life policy with guaranteed benefits (except on surrender or variation), a life policy with a term not exceeding five years or a life policy that will be held in a CTF.

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2

Effect of charges table

2.1

Each ‘effect of charges’ table must be accompanied by, or refer to:

(1)

a statement that all relevant guarantees have been taken into account (if there are any);

(2)

a warning that one effect of the charges referred to is that a retail client could get back less than they invest (if that is the case); and

(3)

the rate of return used to calculate the figures in the table.

2.2 The effect of charges table:

(1) for a life policy, personal pension scheme or stakeholder pension scheme must be in the following form:

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Note 1A

Note 2

Note 3

Note 4

Note 5

Note 6

At end of year

Total paid in to date

With-drawals

Total actual deductions to date

Effect of deductions to date

What you might get back

£

£

£

£

£

1

...

5

10

...

(2) for any other packaged product must be in the following form:

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Note 1B

Note 2

Note 3

Note 5

Note 6

At end of year

Investment to date

Income

Effect of deductions to date

What you might get back

£

£

£

£

1

5

10

...

(3) must be completed in accordance with the following notes:

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1A

(a)

This column must include the first five years, every subsequent fifth year and the final year of the projection period.

(b)

Figures may be shown for every subsequent tenth year rather than subsequent fifth year where the projection period exceeds 25 years, or for whole of life policies.

(c)

For whole of life policies, should the projected fund reach zero before the end of the projection period this must be highlighted.

(d)

For an alternatively secured pension figures must be included for each year for a term of ten years.

(e)

If there is discontinuity in the trend of surrender values, the appropriate intervening years must also be included.

(f)

Figures for a longer term may be shown.

1B

(a)

This column must include the first year, the fifth year and every subsequent fifth year of the projection period.

(b)

For an alternatively secured pension figures must be included for each year for a term of ten years.

(c)

Figures for a longer term may be shown.

2

This column must show the cumulative contributions paid to the end of each relevant year.

3

This column must show the cumulative withdrawals taken or income paid to the end of each relevant year (if any). The column may be omitted if withdrawals or income are not anticipated or allowed.

4

This column is optional. If it is retained, it must show the total actual deductions to the end of each relevant year calculated using the following method:

(a)

apply the intermediate rate of return for the relevant product to the figure in the ‘effect of deductions to date’ column for the previous year;

(b)

subtract this figure from 2the figure in the ‘effect of deductions to date’ column for the year being shown; and

2

(c)

add the resulting figure to the figure in the ‘total actual deductions to date’ column for the previous year (if any).

5

This column may be deleted if the product is a without profits life policy with benefits that are guaranteed except on surrender or variation, a life policy with a term not exceeding five years, or a life policy that will be held in a CTF.

If this column is not deleted, the ‘effect of deductions to date’ figure must be calculated by taking the accumulated value of the fund without reference to charges and then subtracting from this figure the figure in the ‘what you might get back column’ for the same year.

6

This column must show standardised deterministic projection of the surrender value, cash-in value or transfer value, calculated in accordance with the rules in COBS 13 Annex 2 (Projections) at the appropriate intermediate rate of return to the end of each relevant year.

R

Exception

2.3

An effect of charges table may be amended, but only if and to the extent that is necessary to properly reflect the nature and effect of the charges inherent in a particular product.

G

2.4

The effect of 2.3R is that, for example, the column labels and explanatory text may be adjusted to reflect the nature of the contract. For instance:

The column titled ‘What you might get back’ might be replaced with ‘What the transfer value might be’ for personal pensions, or ‘Open market value’ for income withdrawals or short-term annuities.

The withdrawals column may be called ‘Total income taken’ for income withdrawals or short-term annuities.

The table may be titled ‘What effect will the deductions have?’ for income withdrawals or short-term annuities.

R

3

Reduction in yield

3.1

Reduction in yield (‘A’) is ‘B’ less ‘C’ where:

(1)

'B' is the intermediate rate of return for the relevant product; and

(2)

'C' is determined by:

(a)

carrying out a standardised deterministic projection to the projection date, using ‘B’; and then

(b)

calculating the annual rate of return (‘C’) (rounded to the nearest tenth of 1 %) required to achieve the same projection value if charges are left out of account.

3.2

A firm must present reduction in yield as ‘A%’, as part of a statement which explains that ‘charges and expenses have the effect of reducing your anticipated returns from ‘B%’ to ‘C%’, or in some other appropriate way.

3.3

If contributions will be invested in more than one fund in a single designated investment or made by an initial lump sum payment that is followed by regular contributions, the reduction in yield must be:

(1)

calculated separately for each fund or for the single contribution and the regular contributions (as the case may be); and

(2)

presented:

(a)

on a fund by fund, or single contribution and regular contribution, basis, together with a statement which explains the nature and effect of a reduction in yield, the reason for the inclusion of more than one reduction in yield figure and the reason for the differences between them; or

(b)

(if the reduction in yield results are so similar that one figure could reasonably be regarded as representative of the others), as a single figure together with a statement which explains the nature and effect of a reduction in yield, and that the reduction in yield figure given is representative of the reduction in yield figures for each of the funds or for the single and regular contributions (as the case may be); or

(c)

through a single figure combining the separate figures for each fund or contribution in a proportionate manner, with an appropriate description.

3.4

Where a firm is calculating reduction in yield information, it must:

(1)

disregard charges related to mortality and morbidity risks; or

(2)

(where the requirement in (1) produces figures that are misleading) include a statement with the reduction in yield information that it has been calculated taking into account charges related to mortality and morbidity risk.