MCOB 3.10 Records: non-real time financial promotions of qualifying credit, a home reversion plan or a regulated sale and rent back agreement21

In deciding what is an adequate record, a firm should consider including, or providing reference to, where appropriate, such matters as:

1. (1)

   the name of the individual or individuals who confirmed that the financial promotion1 complied with the rules in this chapter;

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2. (2)

   the date of confirmation and (where appropriate) approval;

3. (3)

   details of the medium for which the financial promotion1 was authorised;

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4. (4)

   the evidence supporting any material factual statement about qualifying credit,2 a home reversion plan or a regulated sale and rent back agreement2in the financial promotion.1 For example, for any testimonial they use, advertisers should hold signed and dated proof, including a contact address. Unless they are genuine opinions taken from a published source, testimonials should only be used with the written permission of those giving them; and

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5. (5)

   where the promotion contains a typical APR, evidence to show that the APR was representative of the business expected to arise from the promotion (see MCOB 3.6.22 R).

1. (1)

   A firm should also retain a copy of the financial promotion1 as finally published or, if this is not practicable, monitor the published version to verify that it is in substantially the same format as the version which the firm confirmed complied with the rules in this chapter.

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2. (2)

   Records which should be retained include:

   1. (a)

      any written financial promotion1 used by an adviser; and

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   2. (b)

      any written material which is used in an organised marketing campaign (including, for example, written mailshots whether sent by e-mail, post, facsimile or other media).

3. (3)

   If the financial promotion1 is not in written form, the record should represent the actual financial promotion1 as accurately as possible.

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MCOB 2.8 (Record keeping) applies to the form in which records required in accordance with this chapter must be kept.