COBS 16.3 Periodic reporting

1. (1)

   If a firm is managing investments on behalf of a client, it must provide the client with a periodic statement in a durable medium unless:3

   1. (a)

      3such a statement is provided by another person; or

   2. (b)

      3all of the conditions in (1A) are satisfied.

2. (1A)

   3The conditions are that:

   1. (a)

      3the firm provides the client with access to an online system which qualifies as a durable medium;

   2. (b)

      3the online system provides the client with easy access to:

      1. (i)

         3up-to-date valuations of the client’s designated investments and client money; and

      2. (ii)

         3the information that would otherwise be contained in a periodic statement; and

   3. (c)

      3the firm has evidence that the client has accessed a valuation of their designated investments or client money at least once during the previous quarter.

3. (2)

   If the client is a retail client, the periodic statement must include such of the periodic information (COBS 16 Annex 2R) 1as is applicable.

1. (1)

   In the case of a retail client, the periodic statement must be provided once every six months, except in the following cases:

   1. (a)

      if the retail client so requests, the periodic statement must be provided every three months;

   2. (b)

      if the retail client elects to receive information about executed transactions on a transaction-by-transaction basis (COBS 16.3.3 R) and there are no transactions in derivatives or other securities giving the right to acquire or sell a transferable security or giving rise to a cash settlement determined by reference to transferable securities, currencies, interest rates or yields, commodities or other indices or measures, the periodic statement must be provided at least once every twelve months;

   3. (c)

      if the agreement between a firm and a retail client for the managing of investments authorises a leveraged portfolio, the periodic statement must be provided at least once a month.

2. (2)

   A firm must inform a retail client that he has the right to request the provision of a periodic statement every three months.

1. (1)

   If the client elects to receive information about executed transactions on a transaction-by-transaction basis, a firm managing investments must provide promptly to the client, on the execution of a transaction, the essential information concerning that transaction in a durable medium.

2. (2)

   If the client is a retail client, the firm must send the client3 a notice confirming the transaction and containing such of the information identified in column (1) of the table in COBS 16 Annex 1R as is applicable:

   1. (a)

      no later than the first business day following that execution; or

   2. (b)

      if the confirmation is received by the firm from a third party, no later than the first business day following receipt of the confirmation from the third party;

unless the confirmation would contain the same information as a confirmation that is to be promptly dispatched to the retail client by another person.

For the purposes of calculating the unit price in the trade confirmation information or periodic information, where the order is executed in tranches, the firm may supply the client with information about the price of each tranche or the average price. If the average price is provided, the firm must supply the retail client with information about the price of each tranche upon request.

1. (1)

   If a firm:

   1. (a)

      manages investments for a retail client; or

   2. (b)

      operates a retail client account that includes an uncovered open position in a contingent liability transaction,

   it must report to the retail client any losses exceeding any predetermined threshold, agreed between it and the retail client.

2. (2)

   The firm must report:

   1. (a)

      no later than the end of the business day in which the threshold is exceeded; or

   2. (b)

      if the threshold is exceeded on a non-business day, the close of the next business day.

For the purposes of this section, a contingent liability transaction is one that involves any actual or potential liability for the client that exceeds the cost of acquiring the instrument.

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A3 firm need not provide a periodic statement:

1. (1)

   to a client habitually resident outside the United Kingdom if the client concerned has so requested or the firm has taken reasonable steps to establish that he does not wish to receive it;

2. (2)

   in respect of a CTF, if the statement provided under the CTF Regulations contains the periodic information.

   2

A firm must make, and retain, a copy of any periodic statement for a period of at least three years3 from the date of despatch.