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client

  1. (1) (except in ML;in PROF; in relation to a regulated mortgage contract 14 17 ) any person with or for whom a firm conducts or intends to conduct designated investment business or any other regulated activity; and:
    1. (a) every client is a customer or a market counterparty;
    2. (b) "client" includes:
      1. (i) a potential client;
      2. (ii) a client of an appointed representative of a firm with or for whom the appointed representative acts or intends to act in the course of business for which the firm has accepted responsibility under section 39 of the Act (Exemption of appointed representatives);
      3. (iii) a collective investment scheme even if it does not have separate legal personality;
      4. (iv) if a person ("C1"), with or for whom the firm is conducting or intends to conduct designated investment business, is acting as agent for another person ("C2"), either C1 or C2 in accordance with COB 4.1.5 R (Agent as client);
    3. (c) "client" does not include:
      1. (i) a trust beneficiary;
      2. (ii) a corporate finance contact;
      3. (iii) a venture capital contact.
  2. (2) (in ML) (in relation to a relevant firm) any person engaged in, or who has had contact with the relevant firm with a view to engaging in, any transaction with that relevant firm:
    1. (a) on his own behalf; or
    2. (b) as agent for or on behalf of another.
  3. (3) (in PROF) (as defined in section 328(8) of the Act (Directions in relation to the general prohibition)) (in relation to members of a profession providing financial services under Part XX of the Act (Provision of Financial Services by Members of the Professions)):
    1. (a) a person who uses, has used or may be contemplating using, any of the services provided by the member of a profession in the course of carrying on exempt regulated activities (including, where the member of the profession is acting in his capacity as a trustee, a person who is, has been or may be a beneficiary of the trust); or
    2. (b) a person who has rights or interests which are derived from, or otherwise attributable to, the use of any such services by other persons; or
    3. (c) a person who has rights or interests which may be adversely affected by the use of any such services by persons acting on his behalf or in a fiduciary capacity in relation to him.3
  4. (4) (in relation to a regulated mortgage contract, except in ML and PROF ) the individual or trustee who is the borrower or potential borrower under that contract.1417