COBS 14.2 Providing product information to clients1

1A firm that sells, or (where relevant) gives effect to22:

1. (1)

   a non-PRIIP packaged product17 to a retail client, must provide a key features document and a key features illustration2 to that client (unless the packaged product is a unit in a regulated collective investment scheme17);

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2. (2)

   a life policy to a client, must provide:20

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   1. (a)

      the Solvency II Directive information to that client;20

   2. (b)

      a client with objective and relevant information about the policy:20

      1. (i)

         in a comprehensible form to allow the client to make an informed decision;20

      2. (ii)

         modulated in a way that takes into account the complexity of the policy and the type of client;20

      3. (iii)

         whether or not the firm makes a personal recommendation; and

      4. (iv)

         irrespective of whether the policy is offered as part of a package pursuant to COBS 6.1ZA.16AR to COBS 6.1ZA.16ER;

   3. (c)

      the information in (b) must be provided prior to the conclusion of the life policy and in accordance with COBS 7.4, rather than in accordance with the other rules in this section;20

3. (3)

   the variation of a life policy or personal pension scheme to a retail client, must provide that client with sufficient information about the variation for the client to be able to understand the consequences of the variation;

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4. (3A)

   [deleted]10

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5. (3B)

   a retail client’s request to make income withdrawals from their personal pension scheme or stakeholder pension scheme for the first time must provide that retail client with:22

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   1. (a)

      a key features illustration; and22

   2. (b)

      such other information as is necessary for the client to understand the consequences of the request;22

6. (3C)

   a retail client's request to make22 one-off or regular uncrystallised funds pension lump sum payments from their personal pension scheme or stakeholder pension scheme for the first time must provide that client with:22

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   1. (a)

      a key features illustration; and22

   2. (b)

      such other information as is necessary for the client to understand the consequences of the request;22

7. (3D)

   a retail client’s request to designate personal pension scheme or stakeholder pension scheme funds to enable the retail client to make income withdrawals must provide that client with:22

   1. (a)

      a key features illustration; and22

   2. (b)

      such other information as is necessary for the retail client to understand the consequences of the request;22

8. (3E)

   a retail client’s request to make an income withdrawal subsequent to (3B) or uncrystallised funds pension lump sum payment subsequent to (3C) must provide:22

   1. (a)

      such information as is necessary for the client to understand the consequences of the request; and22

   2. (b)

      where relevant, the information required by COBS 13 Annex 2.2.9R (Additional requirements: drawdown pensions and regular uncrystallised funds pension lump sum payments); 22

9. (3F)

   a retail client’s request for a short-term annuity must provide: 22

   1. (a)

      a key features illustration; and22

   2. (b)

      such other information as is necessary for the client to understand the consequences of the request; 22

10. (4)

    a cash-deposit ISA, cash-only lifetime ISA16 or cash-deposit CTF to a retail client, must provide a key features document to that client;

11. (4A)

    16a lifetime ISA, which is not a cash-only lifetime ISA, to a retail client must provide to that client the information in COBS 14 Annex 1;

12. (5)

    [deleted]17

13. (5A)

    a unit in a KII-compliant NURS must provide the following to a retail client:17

    1. (a)

       a copy of the scheme’s NURS-KII document and (unless already provided) the information required by COBS 13.3.1R(2) (General requirements); and 17

    2. (b)

       if that client is present in the United Kingdom21, enough information for the client to be able to make an informed decision about whether to hold the units in a wrapper (if the units will, or may, be held in that way);17

14. (6)

    [deleted]7

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15. (7)

    a unit in a UCITS scheme, or in an EEA UCITS scheme which is a recognised scheme (other than a scheme in (7A))25, to a client, must:7

    1. (a)

       provide a copy of the scheme'skey investor information document or, as the case may be, EEA key investor information document to that client; and7

    2. (b)

       where the client is a retail client, provide separately (unless already provided) the information required by COBS 13.3.1R (2) (General requirements) and, if that client is present in the United Kingdom21, the information required by (5A)(b); and25

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16. (7A)

    a unit in an OFR recognised scheme to a client, must provide the documents and information specified in COBS 14.2.1-BR.25

17. (8)

    [deleted]17

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25For the purpose of COBS 14.2.1R(7A), in relation to a unit in a scheme which is an OFR recognised scheme, the specified documents and information are as follows:

1. (1)

   Where the scheme is an EEA UCITS scheme, the firm must provide a copy of the scheme’s EEA key investor information document to that client.

2. (2)

   Where the client is a retail client, the firm must provide separately (unless already provided):

   1. (a)

      the information required by COBS 13.3.1R(2)(a) and (b) (General requirements);

   2. (b)

      if the client is present in the United Kingdom, the information required by COBS 14.2.1R(5A)(b); and

   3. (c)

      information that clearly explains:

      1. (i)

         whether the Financial Ombudsman Service is likely to be able to consider complaints against the scheme, its operator or its depositary; and

      2. (ii)

         what arrangements, if any, exist that would enable investors in the United Kingdom to have a complaint against the scheme, its operator or its depositary considered by an alternative dispute resolution mechanism in the relevant Home State;

      3. (iii)

         that the activities of the scheme's operator and its depositary are unlikely to be covered by the compensation scheme and investors might not be protected under the regulatory system if either person should become unable to meet its liabilities to them; and

      4. (iv)

         what arrangements, if any, exist in the Home State(s) of the scheme’s operator or its depositary for the payment of compensation to investors in the United Kingdom if either person should become unable to meet its liabilities to them.

1. (1)

   7This rule applies to:17

   1. (a)

      an authorised fund manager of a UCITS scheme or a KII-compliant NURS that is either an authorised unit trust, authorised contractual scheme or an ICVC; and17

   2. (b)

      an ICVC that is a UCITS scheme or KII-compliant NURS.17

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2. (2)

   An authorised fund manager and an ICVC in (1) that sells units in a UCITS scheme or a KII-compliant NURS17 directly, or through another natural or legal person who acts on its behalf and under its full and unconditional responsibility, must ensure that investors are provided with the key investor information document for the UCITS scheme or the NURS-KII document for the KII-compliant NURS17.

3. (3)

   An authorised fund manager and an ICVC in (1) that does not sell units in a UCITS scheme or a KII-compliant NURS17 directly, or through another natural or legal person who acts on its behalf and under its full and unconditional responsibility, must ensure that the key investor information document for the UCITS scheme or the NURS-KII document for the KII-compliant NURS17 is provided on request to product manufacturers and intermediaries selling, or advising investors on, potential investments in those UCITS schemes or KII-compliant NURS17 or in products offering exposure to them.

4. (4)

   The key investor information document or the NURS-KII document17 must be provided to investors free of charge.

5. (5)

   An authorised fund manager and an ICVC in (1) may, instead of providing the key investor information document or NURS-KII document17 to investors in paper copy in accordance with (2), provide it in a durable medium other than paper or by means of a website that meets the website conditions, in which case the authorised fund manager and ICVC must:

   1. (a)

      deliver a paper copy of the key investor information document or NURS-KII document17 to the investor on request and free of charge; and

   2. (b)

      make available an up-to-date version of the key investor information document or NURS-KII document17 to investors on the website of the ICVC or authorised fund manager.

9When the rules in this chapter require the offer or provision of a key features illustration, a firm may provide a generic key features illustration if that generic key features illustration has been prepared in accordance with COBS 13.4.2 R.

9A firm that arranges to facilitate the payment of an adviser charge or consultancy charge17, or an increase in such a charge17 from an in-force packaged product, must provide to the retail client sufficient information for the retail client to be able to understand the likely effect of that facilitation.

The documents or information required to be provided or offered by COBS 14.2.1 R and COBS 14.2.1C R9 must be in a durable medium or made available on a website (where that does not constitute a durable medium) that meets the website conditions.

1. (1)

   A firm that personally recommends that a retail client holds a particular asset in a SIPP must provide that client with sufficient information for the client to be able to make an informed decision about whether to buy or invest.

2. (2)

   This rule does not apply if the asset is described in COBS 14.2.1 R.

When a firm provides a document or information in accordance with the rules in this section, it must not do anything that might reasonably cause a retail client to be mistaken about the identity of the firm that has produced, or will produce, the product.

A firm is not required to provide:

1. (1)

   a document, if the firm produces the product and the rules in this section require another firm to provide the document;

2. (2)

   [deleted]21

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3. (3)

   [deleted]21

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4. (4)

   [deleted]17

2A firm is not required to provide a key features illustration for a product if the information that would have been included in that illustration is included in the key features document provided to the client. 2

18A firm is not required to provide a key features illustration in relation to a pension annuity if the firm provides the information required by COBS 19.9 (Pension annuity comparison information).

A firm is not required to provide a key features document or a key features illustration2for:

1. (1)

   [deleted]17

2. (2)

   a life policy if:

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   1. (a)

      [deleted]21

   2. (b)

      the client is habitually resident outside the United Kingdom and the sale is not by distance contract.

3. (3)

   a traded life policy; or17

4. (4)

   an interest in an investment trust savings scheme.17

A firm is not required to provide a key features document or a key features illustration2, if:

1. (1)

   the client is buying or investing in response to a direct offer financial promotion without receiving a personal recommendation to buy or invest; and

2. (2)

   the firm provides materially the same information in some other way.

A firm is not required to provide a key features document or17 a key features illustration17 if:

1. (1)

   the client is habitually resident outside the United Kingdom21 and not present in the United Kingdom21 when the relevant application is signed; or

2. (2)

   the purchase is by a discretionary investment manager on behalf of a retail client; or

3. (3)

   the sale is arranged or personally recommended by an investment manager and the client has agreed that a key features document is not required.17

4. (4)

   [deleted]17

7For the purposes of the provision rules in relation to a key investor information document or a NURS-KII document17, a firm:

1. (1)

   may satisfy the requirement to provide the document to the investor by providing it to a person who has written authority to make investment decisions on that investor’s behalf; and

2. (2)

   is not required to consider as a new transaction:

   1. (a)

      a subscription to units in a UCITS scheme,17 an EEA UCITS scheme or a KII-compliant NURS17 in which the client already holds units; or

   2. (b)

      a series of connected transactions undertaken as the consequence of a single investment decision; or

   3. (c)

      a decision by the client to switch from one class of units to another in the same scheme;

      if an up-to-date version of the key investor information document or NURS-KII document17 for the scheme or the relevant class of units has already been provided to that client.

In the case of a distance contract comprising an initial service agreement, followed by successive operations or a series of separate operations of the same nature performed over time, the rules in this section only apply to the initial agreement.

If there is no initial service agreement but the successive operations or separate operations of the same nature performed over time are performed between the same contractual parties, the rules in this section only apply:

1. (1)

   when the first operation is performed; and

2. (2)

   if no operation of the same nature is performed for more than a year, when the next operation is performed (the next operation being deemed to be the first in a new series of operations).

When the rules in this section require a firm to:

1. (1)

   [deleted]17

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2. (2)

   provide a key features document17 or any other document or information to a client, the document or information must be provided free of charge and in good time before the firm carries on the relevant business; or7

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3. (3)

   provide a key investor information document,17EEA key investor information document or NURS-KII document17 to a client, it must be provided in good time before the client's proposed subscription for units in the scheme.7

A key features document for an HMRC allocated CTF must be provided as soon as reasonably possible after the CTF has been opened.

1. (1)

   A firm may provide a document, or the information required to be provided by the rules in this section, in a durable medium immediately after the conclusion of a distance contract, if the contract has been concluded at a client's request using a means of distance communication that does not enable the document or information to be provided in that form in good time before the client is bound by the contract.7

2. (2)

   The exception in (1) does not apply in relation to the provision of an EEA key investor information document,17 a key investor information document or a NURS-KII document17 required to be provided under COBS 14.2.1 R and COBS 14.2.1A R.7

1. (1)

   Where the rules in this section require a document or information to be provided, in the case of a voice telephony communication, a firm must:7

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   1. (a)

      if the client gives explicit consent to receiving only limited information, provide the abbreviated distance marketing disclosure information () orally to the client;7

   2. (b)

      if the client does not give explicit consent to only receiving limited information, and the parties wish to proceed by voice telephony communication, provide the distance marketing information () orally to the client;7

   3. (c)

      in the case of (a) or (b), send the documents or information to the client in a durable medium immediately after the contract is concluded.7

2. (2)

   The exception in (1) does not apply in relation to the provision of an EEA key investor information document,17 a key investor information document or a NURS-KII document17 required to be provided under COBS 14.2.1 R and COBS 14.2.1A R.7

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