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MCOB 4.1 Application

Who?

MCOB 4.1.1RRP

This chapter applies to a firm in a category listed in column (1) of the table in MCOB 4.1.2 R in accordance with column (2) of that table.

MCOB 4.1.2RRP

This table belongs to MCOB 4.1.1 R

(1) Category of firm

(2) Applicable section

mortgage lender

MCOB 4.1 to MCOB 4.4, and MCOB 4.8 to MCOB 4.94

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mortgage adviser

whole chapter except MCOB 4.104

mortgage arranger

whole chapter except MCOB 4.7 and MCOB 4.104

4home purchase provider

MCOB 4.1, MCOB 4.2 and MCOB 4.10 (except MCOB 4.10.5 G to MCOB 4.10.7 G).

MCOB 4.3, MCOB 4.4 and MCOB 4.8 in accordance with MCOB 4.10

4home purchase adviser

MCOB 4.1, MCOB 4.2, MCOB 4.5, MCOB 4.6 and MCOB 4.10.MCOB 4.3, MCOB 4.4, MCOB 4.7 and MCOB 4.8 in accordance with MCOB 4.10

4home purchase arranger

As for a home purchase adviser exceptMCOB 4.10.5 G to MCOB 4.10.7 G and MCOB 4.7 do not apply

4reversion provider

reversion adviser

reversion arranger

see MCOB 8for the application of this chapter

What?

MCOB 4.1.3RRP

This chapter applies if a firm in the course of carrying on a home finance activity4:

4
  1. (1)

    makes, or anticipates making, a personal recommendation about; or

  2. (2)

    gives, or anticipates giving, personalised information relating to;

the customer:

  1. (3)

    entering into a home finance transaction4; or

    4
  2. (4)

    varying the terms of a home finance transaction4 entered into by the customer.

    4
MCOB 4.1.4RRP
  1. (1)

    MCOB 4.4 (Initial disclosure requirements) applies only in relation to varying the terms of a regulated mortgage contract entered into by the customer in any of the following ways:

    1. (a)

      adding or removing a party;

    2. (b)

      taking out a further advance; or

    3. (c)

      switching all or part of the regulated mortgage contract from one interest rate to another.1

  2. (2)

    Otherwise, this chapter, MCOB 4, applies in relation to any form of variation of a regulated mortgage contract.

MCOB 4.1.5RRP

In relation to an equity release transaction,4 this chapter 4 is modified by MCOB 8 (Equity release4: advising and selling standards).2

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MCOB 4.1.6G

MCOB 4.1.5 R means that this chapter, MCOB 4, deals with standard regulated mortgage contracts and home purchase plans4 only and therefore firms should note that the scope of service rules in 4 this chapter do not4 apply in respect of equity release transactions4.

4
MCOB 4.1.7GRP

If a firm is an authorised professional firm, when the firm conducts non-mainstream regulated activities with a customer, the only initial disclosure requirements that apply are those relating to the Financial Ombudsman Service and the FSCS (see MCOB 1.2.10 R (3))4.

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MCOB 4.1.8GRP

1The FSA would not view the removal of a party to the regulated mortgage contract following the death of that party (and where no other variation is proposed) as a variation for the purposes of MCOB 4.1.4 R(1).