COBS 4.7 Direct offer financial promotions
- (1)
Subject to (3) and (4), a firm must ensure that a direct offer financial promotion that is addressed to, or disseminated in such a way that it is likely to be received by, a retail client contains:
- (a)
such of the information referred to in the rules on information disclosure (COBS 6.1.4 R, COBS 6.1.6 R, COBS 6.1.7 R, COBS 6.1.9 R, COBS 14.3.2 R, COBS 14.3.3 R, COBS 14.3.4 R and COBS 14.3.5 R) as is relevant to that offer or invitation; and
[Note: article 29(8) of the MiFID implementing Directive, the rules listed implement Articles 30 to 33 of the MiFID implementing Directive]
- (b)
if it does not relate to MiFID or equivalent third country business, additional appropriate information about the relevant business and relevant investments so that the client is reasonably able to understand the nature and risks of the relevant business and relevant investments and consequently to take investment decisions on an informed basis.
- (a)
- (2)
This rule does not require the information in (1) to be included in a direct offer financial promotion if, in order to respond to an offer or invitation contained in it, the retail client must refer to another document or documents, which, alone or in combination, contain that information.
- (3)
This rule does not apply in relation to a communication made by a firm in relation to MiFID or equivalent third country business:
- (a)
to the extent that it is a third party prospectus;
- (b)
if it is image advertising.
- (a)
- (4)
This section does not apply in relation to a communication that is not made by a firm in relation to MiFID or equivalent third country business:
- (a)
to the extent that it is an excluded communication;
- (b)
to the extent that it is a prospectus advertisement to which PR 3.3 applies;
- (c)
if it is image advertising;
- (d)
to the extent that it relates to a deposit that is not a cash deposit ISA or cash deposit CTF;
- (e)
to the extent that it relates to a pure protection contract that is a long-term care insurance contract.
- (a)
- (5)
In this rule, in relation to MiFID or equivalent third country business ancillary services are to be regarded as relevant business.
Guidance
Although COBS 4.7.1R (1)(b) does not apply in relation to MiFID or equivalent third country business, similar requirements may apply under COBS 2.2.
- (1)
COBS 4.7.1R (2) allows a firm to communicate a direct offer financial promotion that does not contain all the information required by COBS 4.7.1R (1), if the firm can demonstrate that the client has referred to the required information before the client makes or accepts an offer in response to the direct offer financial promotion.
- (2)
A firm communicating or approving a direct offer financial promotion may also be subject to the rules on providing product information in COBS 14.2, including the exceptions in COBS 14.2.5 R to 14.2.9 R.
In order to enable a client to make an informed assessment of a relevant investment or relevant business, a firm may wish to include in a direct offer financial promotion:
- (1)
a summary of the taxation of any investment to which it relates and the taxation consequences for the average member of the group to whom it is directed or by whom it is likely to be received;1
- (2)
a statement that the recipient should seek a personal recommendation if he has any doubt about the suitability of the investments or services being promoted; and1
- (3)
(in relation to a promotion for a packaged product that is not a financial instrument) a key features illustration, in which a generic projection may generally be used.1
1COLL 4.6.12R requires an authorised fund manager to ensure that its financial promotions, which contain an invitation to purchase the units in a UCITS scheme, indicate that a simplified prospectus and a full prospectus exist, and the places where they may be obtained by the public or how the public may have access to them.