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;

   2
4. (4)

   for a UCITS qualifier, this chapter does not apply; and2

5. (5)

   this chapter does not apply in relation to MiFID business. or the equivalent business of a third country investment firm.2

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 4.4 (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.

A firm must take reasonable care to ensure that every letter (or electronic equivalent) which it or its employees send to a retail client4, 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 4.3.1 R (Disclosure in letters to retail clients4) 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.

For an authorised professional firm, GEN 4.3.1 R (Disclosure in letters to retail clients4) does not apply with respect to its non-mainstream regulated activities.

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.

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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.

1. (1)

   If, in any communication:

   1. (a)

      made to:2

      22
      1. (i)

         2(in relation to a non-investment insurance contract) aconsumer4;

         4
      2. (ii)

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

      3. (iii)

         2(in all other cases) a retail client3; and

         3
   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