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GEN 5.1 Application and purpose

Application

GEN 5.1.1GRP

1This chapter contains:2

  1. (1)

    guidance for firms, authorised payment institutions, registered account information service providers9 and authorised electronic money institutions8 and their 7appointed representatives, agents 7or tied agents 5on the circumstances in which the FCA 12 permits them 7to reproduce the FSA and FCA logos12;2

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  2. (2)

    rules on the use by firms of the Key facts logo.2

Purpose

GEN 5.1.2GRP

The FSA logo is a registered UK service mark, with number 2150560. The FCA logo is a registered UK service mark, with number 321335510.12 The Key facts logo is a registered Community trade mark, with the number EU386668812. All12 are3 the property of the FCA12. They are 3also subject to copyright and may be used or reproduced with permission of the FCA12 only. If the FSA, FCA,12 or Key facts logos are 3reproduced or otherwise used by any person without such permission the FCA may seek to enforce its rights over its property through the Courts.

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GEN 5.1.3GRP

GEN 5 Annex 1 G is a general licence, which sets out the circumstances in which the FCA12 permits 5a person to whom this chapter applies 7to reproduce the FSA and Key facts logos3. Such a person 7need not apply for an individual licence if it uses or reproduces the logos 3in accordance with the general licence.

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GEN 5.1.3AGRP

12No general licence is granted by the FCA in respect of the FCA logo.

GEN 5.1.4GRP

The FCA12 has no policy to allow use of the FSA or Key facts12 logos3 by a person to whom this chapter applies 7other than as set out in GEN 5 Annex 1 G. If, however, such a person7 wishes to use or reproduce either of3 the logos3 other than in accordance with the general licence, it may apply to the FCA12 for an individual licence, giving full reasons why it considers the FCA12 should grant the licence.

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2The Key facts logo

GEN 5.1.5RRP

2A firm must not use the Key facts logo other than as and when it is required or expressly 4permitted3 to be used by the rules, and in accordance with the general licence in GEN 5 Annex 1 G3.

GEN 5.1.6RRP

2A firm must take all reasonable steps to ensure that its representatives do not use the Key facts logo other than as and when the logo is required to be used by the rules.

GEN 5.1.7RRP

2A firm must take all reasonable steps to ensure that the Key facts logo is not reproduced on any document that the firm, or any person acting on its behalf, provides to a customer unless the reproduction is required by the rules.

The FSA logo

GEN 5.1.8RRP

6A firm must not use the FSA logo (and must take all reasonable steps to ensure that its representatives do not use the FSA logo) in any communication with a client other than in accordance with the general licence in GEN 5 Annex 1 G or any individual licence granted by the FCA12 to the firm or its representatives.

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GEN 5.1.9GRP

12The general licence in GEN 5 Annex 1 G to use the FSA logo will continue till 1 April 2014 whereupon the general licence is revoked by GEN 5 Annex 1 G, 7.1.

The FCA logo

GEN 5.1.10RRP

12A firm must not use the FCA logo (and must take all reasonable steps to ensure that its representatives do not use the FCA logo) in any communication with a client other than in accordance with any individual licence granted by the FCA to the firm or its representatives.

GEN 5.1.11R

11GEN 5.1.10 R 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). The reference in that rule to a firm must be read accordingly.