MCOB 3.1 Application: who?
This chapter applies to every firm which communicates or approves a financial promotion of qualifying credit, 3 a home reversion plan or a regulated sale and rent back agreement3.1
1This chapter applies generally to firms in relation to all financial promotions of qualifying credit,3 a home reversion plan or a regulated sale and rent back agreement.1 This wide application is however cut back by MCOB 3.2 (Application: what?) and MCOB 3.3 (Application: where?) which limit the application of this chapter for:
13- (1)
financial promotions 1which would fall within the scope of the exemptions in the Financial Promotion Order or the additional exemptions set out in MCOB 3.2.5 R (Applications: what? Exemptions); and
1 - (2)
financial promotions 1to persons outside the United Kingdom.
1
MCOB 3.1.1 R means that:
- (1)
this chapter applies not only to financial promotions for regulated mortgage contracts, but also to promotions for qualifying credit; and
- (2)
this chapter applies to all aspects of a promotion by a firm of products which combine unsecured and secured lending.
In relation to MCOB 3.1.3 G(2), an example would be a promotion for a mortgage product, one feature of which was an unsecured lending facility or reserve.
Under section 39(3) of the Act, a firm is responsible for financial promotions communicated by its appointed representatives when acting as such.
A financial promotion may relate to other controlled investments in addition to qualifying credit,3 home reversion plans and regulated sale and rent back agreements,31 for example a building society leaflet which describes the range of mortgage, savings and insurance products1 it provides. In such cases, the financial promotion rules in this and other sourcebooks will each apply as relevant.1
1111As a result of this chapter and CONC 34:
4- (1)
a financial promotion1 is not subject to CONC 3 to the extent that it relates to qualifying credit4; and
144 - (2)
where a firm makes a communication, which consists of a financial promotion of qualifying credit1 and a financial promotion of4 a different form of lending that is not qualifying credit (for example an unsecured personal loan), the content of the latter will need to comply with CONC 34.
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Authorised professional firms
- (1)
Except for MCOB 3.6.17 R to MCOB 3.6.25 R (Annual percentage rate (APR)), MCOB 3 does not apply to an authorised professional firm in relation to the communication of a financial promotion1 if the following conditions are satisfied:
1- (a)
the firm's main business must be the practice of its profession (see IPRU(INV) 2.1.2R(3));
- (b)
the financial promotion1 must be made for the purposes of and incidental to the promotion or provision by the firm of:
1- (i)
its professional services; or
- (ii)
its non-mainstream regulated activities (see PROF 5.2 (Nature of non-mainstream activities)); and
- (i)
- (c)
the financial promotion1 must not be communicated on behalf of another person who would not be able lawfully to communicate the financial promotion1 if he were acting in the course of business.
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- (a)
- (2)
In (1)(b)(i), 'professional services' means services:
- (a)
which do not constitute a regulated activity; and
- (b)
the provision of which is supervised and regulated by a designated professional body.
- (a)
Authorised professional firms are reminded that in circumstances in which MCOB 3 does not apply to the firmMCOB 2.2.6 R (Clear fair and not misleading communication) may apply.
Nationals of other EEA States
A national of an EEA State (other than the United Kingdom) wishing to take advantage of the exemption in article 36 of the Financial Promotion Order in respect of a financial promotion of qualifying credit,3 a home reversion plan or a regulated sale and rent back agreement31 should act in conformity with the rules in this chapter.
1Illustrative examples of qualifying credit promotions
MCOB 3 Annex 1 gives examples of financial promotion of qualifying credit1 that would satisfy some of the provisions of MCOB 3.
1