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You are viewing the version of the document as on 2024-01-31.

FPCOB 2.1 General principles

Application

FPCOB 2.1.1R
  1. (1)

    1This section applies to a firm in relation to its regulated funeral plan activity.

  2. (2)

    This section applies in relation to a firm’s customers under subsisting funeral plans, unless otherwise stated.

The customer’s best interests rule

FPCOB 2.1.2R

1A firm must act honestly, fairly and professionally in accordance with the best interests of:

  1. (1)

    its customer; and

  2. (2)

    if different, the covered individual.

Exclusion of liability

FPCOB 2.1.3R

1A firm must not seek to exclude or restrict, or rely on any exclusion or restriction of, any duty or liability it may have to a customer or covered individual unless it is reasonable for it to do so and the duty or liability arises other than under the regulatory system.

FPCOB 2.1.4G

1The general law, including the Unfair Terms Regulations (for contracts entered into before 1 October 2015) and the CRA, also limits the scope for a firm to exclude or restrict any duty or liability to a consumer.

Reliance on others

FPCOB 2.1.5G
  1. (1)

    1Where it is compatible with the nature of the obligation imposed by a particular rule, including the customer’s best interests rule, and with the Principles, in particular Principles 1 (Integrity), 2 (Skill, care and diligence) and 3 (Management and control), firms may rely on third parties in order to comply with the rules in this sourcebook.

  2. (2)

    For example, where a rule requires a firm to take reasonable steps to achieve an outcome, it will generally be reasonable for a firm to rely on information provided to it in writing by an unconnected authorised person or a professional firm, unless it is aware or ought reasonably to be aware of any fact that would give reasonable grounds to question the accuracy of that information. However, a firm cannot delegate its responsibility under the regulatory system. For example, where a rule imposes an absolute obligation (such as the requirement on a funeral plan provider in FPCOB 14.1.4R regarding the services required for a funeral plan contract) although a firm could use outsourcing arrangements to fulfil its obligation, it retains regulatory responsibility for achieving the outcome required.

Record keeping

FPCOB 2.1.6G
  1. (1)

    1This sourcebook, other than FPCOB 4, FPCOB 6.4.18R, FPCOB 15 2and FPCOB 162, does not generally have detailed record-keeping requirements: firms will need to decide what records they need to keep in line with the high-level record-keeping requirements and their own business needs.

  2. (2)

    In order to deal with requests for information from the FCA, as well as queries and complaints from customers and covered individuals, firms may require evidence of matters such as:

    1. (a)

      the reasons for personal recommendations;

    2. (b)

      what documentation has been provided to a customer or covered individual; and

    3. (c)

      how redemptions have been settled and why.

  3. (3)

    A firm may be subject to record-keeping requirements elsewhere in the FCA Handbook, including in:

    1. (a)

      the Training and Competence sourcebook (TC) (see TC 3.1.1R);

    2. (b)

      the Senior Management Arrangements, Systems and Controls sourcebook (SYSC) (see SYSC 9.1.1R, SYSC 10.1.6R and SYSC 28A.3.1R); and

    3. (c)

      chapter 7 of the Product Intervention and Product Governance sourcebook (PROD) when manufacturing or distributing a funeral plan product.