1A firm must ensure in relation to MiFID or equivalent third country business that a client receives adequate reports on the services provided to it by the firm. The reports must include, where applicable, the costs associated with the transactions and services undertaken by the firm on behalf of the client.

1. (1)

   If a firm has carried out an order in the course of its designated investment business on behalf of a client, it must:

   1. (a)

      promptly provide the client, in a durable medium, with the essential information concerning the execution of the order;

   2. (b)

      in the case of a retail client, send the client a notice in a durable medium confirming the execution of the order and such of the trade confirmation information (COBS 16 Annex 1R) 2as is applicable:

      1. (i)

         as soon as possible and no later than the first business day following that execution; or

      2. (ii)

         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; and

   3. (c)

      supply a client, on request, with information about the status of his order.

2. (2)

   Paragraph (1) does not apply to a firmmanaging investments.

3. (3)

   Paragraph (1)(b) does not apply if the confirmation would contain the same information as a confirmation that is to be promptly dispatched to the client by another person.

4. (4)

   Paragraphs (1)(a) and (b) do not apply to an order executed on behalf of a client that relates to a bond funding a mortgage loan agreement with the client. The report on the transaction must be made at the same time as the terms of the mortgage loan are communicated, but no later than one month after the execution of the order.

5. (5)

   If a firm carries out an order for a retail client relating to units or shares in a collective investment undertaking that is part of a series of orders that are executed periodically, it must:

   1. (a)

      comply with paragraph (1)(b) in relation to that order; or

   2. (b)

      provide the client at least once every six months with such of the trade confirmation information (COBS 16 Annex 1R) 2as is applicable in relation to each transaction in that series carried out in the relevant reporting period.

For the purposes of calculating the unit price in the trade confirmation 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.

In relation to business that is not MiFID or equivalent third country business, a firm need not despatch a confirmation if:

1. (1)

   the firm has agreed with the client (in the case of a retail client, in writing and with the client's informed consent) that confirmations need not be supplied, either generally or in specified circumstances; or

2. (2)

   the designated investment is a life policy, stakeholder pension scheme3 or a personal pension scheme (other than a SIPP); or

3. (3)

   the designated investment is held within a CTF and the statement provided under the CTF Regulations includes the information that would have been contained in a confirmation under this section (other than information that has since become irrelevant).

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A firm must retain a copy of any confirmation despatched to a client under this section:

1. (1)

   for MiFID or equivalent third country business, for a period of at least five years; or

2. (2)

   for business that is not MiFID or equivalent third country business, for a period of at least three years;

from the date of despatch.

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 such a statement is provided by another person.

2. (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 firmmanaging 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 him 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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In relation to business that is not MiFID or equivalent third country business, a 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:

1. (1)

   for MiFID or equivalent third country business, for a period of at least five years; or

2. (2)

   for business that is not MiFID or, for a period of at least three years;

from the date of despatch.

1. (1)

   A firm that holds clientdesignated investments or client money for a client must send that client at least once a year a statement in a durable medium of those designated investments or that client money unless such a statement has been provided in a periodic statement.

2. (2)

   A credit institution need not send a statement in respect of deposits held by it.

3. (3)

   This rule does not apply in relation to a firm holding clientdesignated investments or client money under a personal pension scheme or a stakeholder pension scheme where doing so is not MiFID or equivalent third country business.

4. (4)

   2A CTF account provider holding clientdesignated investments or client money under a CTF where doing so is not MiFID or equivalent third country business must provide a statement but need not do so more frequently than required by Regulation 10 of the CTF Regulations.

A firm must include in a statement of client assets referred to under this section the following information:

1. (1)

   details of all the designated investments or client money held by the firm for the client at the end of the period covered by the statement;

2. (2)

   the extent to which any clientdesignated investments or client money have been the subject of securities financing transactions; and

3. (3)

   the extent of any benefit that has accrued to the client by virtue of participation in any securities financing transactions, and the basis on which that benefit has accrued.

In cases where the portfolio of a client includes the proceeds of one or more unsettled transactions, the information in a statement provided under this section may be based either on the trade date or the settlement date, provided that the same basis is applied consistently to all such information in the statement.

A firm which holds designated investments or client money and is managing investments for a client may include the statement under this section in the periodic statement it provides to that client.

When a long-term insurer receives any indication that a retail client wishes to surrender a life policy which is of the type that may be traded on an existing secondary market for life policies, it must, before accepting a surrender, make the policyholder aware that he may be able to sell his policy instead, how he may do so and that there may be financial benefits in doing so.

1. (1)

   This section applies to a long-term insurer, unless, at the time of application, the client, other than an EEA ECA recipient, was habitually resident:3

   1. (a)

      in an EEA State other than the United Kingdom; or

   2. (b)

      outside the EEA and he was not present in the United Kingdom.

2. (2)

   In addition, COBS 16.6.8 R applies to an operator of a personal pension scheme or stakeholder pension scheme in relation to a retail client who elects to make income withdrawals.

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If during the term of a life policy entered into on or after 1 July 1994 there is any proposed change in the information referred to in paragraphs (1) to (12) of the Consolidated Life Directive information (COBS 13 Annex 1) the long-term insurer must inform the policyholder of the effect of the change before the change is made.

If a life policy entered into on or after 1 July 1994 provides for the payment of bonuses and the amounts of bonuses are unspecified, the long-term insurer must, in every calendar year except the first, either:

1. (1)

   notify the policyholder in writing of the amount of any bonus which has become payable under the contract, and which has not previously been notified under this rule; or

2. (2)

   give the policyholder in writing sufficient information to enable him to determine the amount of any such bonus.

1. (1)

   When a firm provides information in accordance with this section, it must provide the information in a durable medium, unless (2) applies.

2. (2)

   If the contract is being made by telephone, the firm may give the information orally to the customer. If the customer enters into the contract, a written version of the required information must be sent to the customer within five business days of the contract being entered into.

Where a life policy is effected jointly, the information required by this section may be sent to the first named client.

A firm must make an adequate record of information provided to a customer under this section and retain that record for a minimum period after the information is provided of five years.

1At each anniversary of the date on which a long-term care insurance contract which is based on single premium investment bonds was entered into, the insurer must:

1. (1)

   provide the retail client with a table based on the format of COBS 13 Annex 3 2.2R containing at least the current fund value and projected future policy values (as in column "What you might get back");

2. (2)

   where it is the case, inform the retail client of the possibility that future policy values may be insufficient to fulfil the original purpose of the contract; and

3. (3)

   inform the retail client how to obtain advice on investments in respect of long-term care insurance contracts, and that it is in his best interest to do so.

1At intervals no longer than 12 months from the date of an election by a retail client to make income withdrawals, the relevant operator of a personal pension scheme or stakeholder pension scheme3must:

1. (1)

   provide the retail client with such information as is necessary for3 the retail client to review the election, including where relevant the information required by COBS 13 Annex 2 2.9R3; and

   3
2. (2)

   inform the retail client how to obtain advice on investments in respect of his income withdrawals, and that it would be in his best interests to do so.