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GEN 4.1 Application and purpose

Who? What?

GEN 4.1.1 R RP

1This chapter applies to every firm and with respect to every regulated activity, except that:

  1. (1)

    for an incoming ECA provider, this chapter does not apply when the firm is acting as such;

  2. (2)

    for an incoming EEA firm which has permission only for cross-border services and which does not carry on regulated activities in the United Kingdom, this chapter does not apply;

  3. (3)

    for an incoming firm not falling under (1) or (2), this chapter does not apply to the extent that the firm is subject to equivalent rules imposed by its Home State; and

  4. (4)

    for a UCITS qualifier, this chapter does not apply.

Where?

GEN 4.1.2 R RP

GEN 4.3 (Letter disclosure) applies in relation to activities carried on from an establishment maintained by the firm (or by its appointed representative) in the United Kingdom, subject to GEN 4.3.4 R (Exception: insurers).

GEN 4.1.3 R RP

GEN 4.4 (Business for private customers from non-UK offices) applies in connection with a regulated activity carried on from an establishment of the firm (or its appointed representative) that is not in the United Kingdom.

GEN 4.2 Purpose

GEN 4.2.1 G RP

The purpose of this chapter is to amplifyPrinciple 7 (Communications with clients), which requires a firm to pay due regard to the information needs of its clients. This chapter requires the provision of appropriate minimum information about the identity of a firm's regulator in a way which is as consistent as practicable across the whole range of activities regulated by the FSA This assists in the achievement of the regulatory objectives of consumer protection, public awareness and market confidence.

GEN 4.2.2 G RP

There are other pre-contract information requirements outside this chapter, including:

  1. (1)

    for financial promotions, inCOB 3 (Financial promotion)

  2. (2)

    for designated investment business, inCOB 4.2 (Terms of business and client agreements with customers), COB 4.3 (Disclosing information about services, fees and commission - packaged products), COB 5.5 (Information about the firm), COB 6.1 to COB 6.5 (Product disclosure) and CASS (Client assets);

  3. (3)

    for non-investment insurance contracts3, in ICOB 4 (Advising and selling standards); and ICOB 5 (Product disclosure);3

    33
  4. (4)

    for electronic commerce activities by outgoing or domestic ECA providers, in ECO 2 (Outgoing ECA providers) and ECO 3 (Domestic (and non-EEA) ECA providers); and1

  5. (5)

    for regulated mortgage contracts and home purchase plans, initial disclosure requirements 4in MCOB 44, pre-application disclosure requirements in MCOB 5,4 and disclosure at the offer stage in MCOB 64;4 and12

    44
  6. (6)

    for equity release transactions, initial disclosure requirements in MCOB 8.4, pre-application disclosure requirements in MCOB 9.4 and disclosure at the offer stage in MCOB 9.5

    442

GEN 4.3 Letter disclosure

Disclosure in letters to private customers

GEN 4.3.1 R RP

A firm must take reasonable care to ensure that every letter (or electronic equivalent) which it or its employees send to a private customer, with a view to or in connection with the firm carrying on a regulated activity, includes the disclosure in GEN 4 Annex 1 R.1

GEN 4.3.2 G

For a UK domestic firm, the required disclosure in GEN 4 Annex 1 R is "Authorised and regulated by the Financial Services Authority".

GEN 4.3.3 G RP
  1. (1)

    GEN 4.3.1 R (Disclosure in letters to private customers) covers letters delivered by hand, sent by post and sent by fax and also electronic mail, but not text messages, account statements, business cards or compliment slips (used as such).

  2. (2)

    GEN 4.3.1 R (Disclosure in letters to private customers) applies in relation to letters sent by any of the firm's employees, which includes its appointed representatives and their employees.

  3. (3)

    Firms are likely to find it convenient to include the required disclosure in their letterhead.

Exception: insurers

GEN 4.3.4 R RP

GEN 4.3.1 R (Disclosure in letters to private customers) does not apply in relation to:

  1. (1)

    general insurance business if:

    1. (a)

      the State of the risk is an EEA State other than the United Kingdom; or

    2. (b)

      the State of the risk is outside the EEA and the client is not in the United Kingdom when the contract of insurance is entered into; or

  2. (2)

    long-term insurance business if:

    1. (a)

      the client is habitually resident in an EEA State other than the United Kingdom; or

    2. (b)

      the client is habitually resident outside the EEA and is not present in the United Kingdom when the contract of insurance is entered into.

Exception: authorised professional firms

GEN 4.3.5 R RP

For an authorised professional firm, GEN 4.3.1 R (Disclosure in letters to private customers) does not apply with respect to its non-mainstream regulated activities.

Exception: use of third party processors in home finance and insurance mediation activities2

GEN 4.3.6 R RP
  1. (1)

    1Where a firm has outsourced activities to a third party processor other than advising on life policies3, GEN 4.3.1 R does not apply to that third party processor when acting as such, so long as the outsourcing firm ensures that the third party processor and its employees comply with that rule as if it was the firm and they were employees of the firm.

  2. (2)

    Where an appointed representative has outsourced insurance mediation activities other than advising on life policies3 or home finance mediation activities2to a third party processor, GEN 4.3.1 R does not apply to that third party processor when acting as such, so long as the appointed representative's principal ensures that the third party processor and its employees comply with that rule as if it was the appointed representative and they were the employees of the appointed representative.

    32
  3. (3)

    Where an appointed representative of a firm is carrying on:

    1. (a)

      insurance mediation activities other than advising on life policies3; or

      3
    2. (b)

      home finance mediation activities;2

      2

    which have been outsourced to it by the firm, GEN 4.3.1 R does not apply to the firm when the appointed representative is carrying on the outsourced activities, so long as the firm ensures that the appointed representative and its employees comply with that rule as if it was the firm and they were employees of the firm.

GEN 4.4 Business for private customers from non-UK offices

GEN 4.4.1 R RP
  1. (1)

    If, in any communication:

    1. (a)

      made to:2

      212
      1. (i)

        2(in relation to a non-investment insurance contract) a retail customer;

      2. (ii)

        2(in relation to a home finance transaction) a customer; or

      3. (iii)

        2(in all other cases) a private customer; and

    2. (b)

      in connection with a regulated activity carried on from an establishment of the firm (or its appointed representative) that is not in the United Kingdom;

    the firm indicates that it is an authorised person, it must also, where relevant, and with equal prominence, give the information in (2) in writing.

  2. (2)

    The information required is that in some or all respects the regulatory system applying will be different from that of the United Kingdom. The firm may also indicate the protections and complaints or compensation arrangements available under another relevant system of regulation.

  3. (3)

    A firm need not provide the information required by (1) if it has already provided it in writing to the customer2to whom the communication is made.

    2
GEN 4.4.2 G

1 ICOB 4.2.19 R contains provisions relating to communications by insurance intermediaries from outside the United Kingdom in connection with non-investment insurance contracts with or for a retail customer. The definition of insurance intermediary includes an insurer when the insurer is carrying on insurance mediation activities.

GEN 4 Annex 1 Statutory status disclosure

R

Type of firm

Required disclosure (Note 5)

(1)

UK domestic firm; or overseas firm (which is not an incoming firm)

"Authorised and regulated by the Financial Services Authority" (Note 1)

(2)

Incoming firm without a top-up permission

(a) "Authorised by [name of Home State regulator]and regulated by the Financial Services Authority for the conduct of UK business" (Notes 1, 2, and 3)

(3)

Incoming firm with a top-up permission

"Authorised by [name of Home State regulator] and by the Financial Services Authority; regulated by the Financial Services Authority for the conduct of UK business"

(Notes 1, 2 and 3)

(4)

Appointed representative of a firm

"[Name of appointed representative] is an appointed representative of [name of firm] which is [then continue with the required disclosure of the firm]"

(Note 4)

(5)

Society of Lloyd's

"Authorised under the Financial Services and Markets Act 2000"

Note 1 = A firm must use the formulation "Financial Services Authority" and not the abbreviated formulation "FSA".

Note 2 = An incoming firm is free to translate the name of its Home State regulator into English if it wishes. In doing so, it must ensure that the State in which the regulator is based is clear.

Note 3 = An incoming firm may state the type of business that it conducts, for example, that it is regulated by the Financial Services Authority for the conduct of investment business in the UK.

Note 4 = If the appointed representative has more than one principal, the disclosure must relate to the principal or principals responsible for the regulated activity or activities concerned.

Note 5 = Any firm listed in this table is permitted to add words to the relevant required disclosure statement but only if the firm has taken reasonable steps to satisfy itself that the presentation of its statutory status will, as a consequence, remain clear, fair and not misleading . For example, an authorised professional firm may wish to make it clear that it is also regulated by its professional body.