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  4. Point in time
    2024-06-01

GEN 4.5 Statements about authorisation and regulation by the appropriate regulator

Application

GEN 4.5.1RRP

1This section applies to a firm:

  1. (1)

    communicating with a customer; or

  2. (2)

    communicating or approving a financial promotion other than:

    1. (a)

      a financial promotion that would benefit from an exemption in the Financial Promotion Order if it were communicated by an unauthorised person;

    2. (b)

      a promotion of an unregulated collective investment scheme that would breach section 238(1) of the Act if made by an authorised person (firms may not communicate or approve such promotions).

GEN 4.5.1AR
  1. (1)

    3This section also applies to a registered person communicating a financial promotion relating to one or more qualifying cryptoassets (in reliance on the exemption in article 73ZA of the Financial Promotion Order).

  2. (2)

    For the purpose of (1), references in this section to a firm include reference to a registered person.

GEN 4.5.1BG

3As unauthorised persons, registered persons must also ensure that they do not contravene section 24 of the Act (False claims to be authorised or exempt).

GEN 4.5.2GRP

GEN 4.5.1 R (1) does not apply to a firm when communicating with an eligible counterparty.

4
GEN 4.5.2AGRP

4However, misleading statements by a firm when communicated with an eligible counterparty may involve a breach of Principle 7 (Communications with clients) or Part 7 (Offences relating to financial services) of the Financial Services Act 2012, as well as giving rise to private law actions for misrepresentation.

The duty

GEN 4.5.3RRP

A firm must not indicate or imply that it is authorised by the FCA4 in respect of business for which it is not so authorised.

4
GEN 4.5.3ARRP

4A firm must not indicate or imply that it is authorised by the PRA in respect of business for which it is not so authorised.

GEN 4.5.4RRP

A firm must not indicate or imply that it is regulated or otherwise supervised by the FCA4 in respect of business for which it is not regulated by the FCA4.

44
GEN 4.5.4ARRP

4A firm must not indicate or imply that it is regulated or otherwise supervised by the PRA in respect of business for which it is not regulated by the PRA.

GEN 4.5.5GRP

[deleted]2

GEN 4.5.6GRP

It is likely to be misleading for a firm that is not authorised by the FCA or PRA to state or imply that it is so authorised. It is also likely to be misleading for a firm to state or imply that a client will have recourse to the Financial Ombudsman Service or the FSCS where this is not the case.2

  1. (3)

    [deleted]4

    4
GEN 4.5.6AGRP

4As well as potentially breaching the requirements in this section, misleading statements by a firm may involve a breach of Principle 7 (Communications with clients) or section Part 7 (Offences relating to financial services) of the Financial Services Act 2012, as well as giving rise to private law actions for misrepresentation.