Content Options:

Add to favourites

View Options:

More Resources:

External link Handbook Publications

You are viewing the version of the document as on 2023-03-13.

customer

  1. (A) in the PRA Rulebook:223151
  2. (1) (except in52 relation to521770 ICOBS 70 , MCOB 3 and CASS 517) a client who is not 52an eligible counterparty for the relevant purposes52.143
  3. (2) (in52 relation to52 MCOB 3 14 17 ) a person in (1) or a person who would be such a person if he were a client.
  4. (3) (in relation to5270 ICOBS 70 ) a person who is44 a policyholder, or a prospective policyholder44 but (except in70 ICOBS 2 70 (general 70matters70), 70 and (in respect of 70that chapter70)70 ICOBS 1 70 (application70)) excluding a policyholder or prospective policyholder who does not make the arrangements preparatory to him concluding the contract of insurance44.17
  5. (4) (in relation to52 CASS 5) a client.17
  7. (B) in the FCA Handbook:151
  8. (1) (except in relation to SYSC 19F.2,223 ICOBS, retail premium finance,253 a credit-related regulated activity, regulated claims management activity,228 174regulated funeral plan activity,254 MCOB 3A, an 174MCD credit agreement, CASS 5,223 PRIN in relation to MiFID or equivalent third country business211302DISP 1.1.10-BR, PROD 1.4 and PROD 4223) and in relation to payment services and issuing electronic money (where not a regulated activity)231 a client who is not an eligible counterparty for the relevant purposes.
  9. (2) (in relation to174 MCOB 3A 174 ) a person in (1) or a person who would be such a person if he were a client.
  10. (2A) (in relation to an MCD credit agreement) a consumer.174
  11. (3) (in relation to SYSC 19F.2223, ICOBS, retail premium finance,253 DISP 1.1.10-BR, PROD 1.4 and PROD 4223) a person who is a policyholder, or a prospective policyholder223, excluding a policyholder or prospective policyholder who does not make the arrangements preparatory to the conclusion of223 the contract of insurance.
  12. (3A) (in relation to ICOBS 2 (General matters) and in respect of that chapter also ICOBS 1 (Application)) a person who is a policyholder, or a prospective policyholder.223
    1. (4) (in relation to CASS 5) a client.
    2. (5) (in relation to a credit-related regulated activity, other than in relation to an MCD credit agreement187) an individual who enters, may enter or has entered into a credit agreement or a consumer hire agreement; and:
      1. 157(-a) (in relation to consumer credit lending) includes an individual who the firm treats as a person who is, or has been, the borrower under a regulated credit agreement;
      2. 157(-aa) (in relation to consumer hiring) includes an individual who the firm treats as a person who is, or has been, the hirer under a regulated consumer hire agreement;
      3. (a) (in relation to credit broking) an individual who uses, may use or has used the services of a firm in carrying on that regulated activity;
      4. (b) (in relation to operating an electronic system in relation to lending) an individual who is, may be, has been or may have been the borrower under a P2P agreement;
      5. (c) (in relation to debt adjusting) an individual who uses, may use or has used the services of a firm in carrying on that regulated activity;
      6. (d) (in relation to debt counselling) an individual who uses, may use or has used the services of a firm in carrying on that regulated activity;
      7. (e) (in relation to debt collecting) a person within (i) to (iv) in relation to whom the firm takes steps to procure the payment of a debt due under a credit agreement or a consumer hire agreement or a P2P agreement (whether or not that person is a party to the credit agreement or consumer hire agreement or P2P agreement):
        1. (i) an individual who is or has been the borrower under a credit agreement, or is or has been the hirer152 under a consumer hire agreement, or is or has been the borrower under a P2P agreement;
        2. (ii) an individual who the firm treats as a person152 within (i);
        3. (iii) a person providing a guarantee or indemnity under the agreement; and
        4. (iv) a person to whom the rights and duties of a person within (iii) have passed by assignment152 or operation of law;
      8. (f) (in relation to debt administration) a person within (i) to (iv) in relation to whom the firm takes steps to perform duties or exercise or enforce rights under a credit agreement on behalf of the lender or under a consumer hire agreement on behalf of the owner or under a P2P agreement on behalf of the lender:
        1. (i) an individual who is or has been the borrower under a credit agreement, or is or has been the hirer under a consumer hire agreement, or is or has been the borrower under a P2P agreement;
        2. (ii) an individual who the firm treats as a person152 within (i);
        3. (iii) a person providing a guarantee or indemnity under the agreement; and
        4. (iv) a person to whom the rights and duties of a person within (iii) have passed by assignment152 or operation of law;
      9. (g) (in relation to providing credit information services) an individual who uses, may use or has used the services of a firm in carrying on that regulated activity; and
      10. (h) (in relation to providing credit references) an individual about whom information relevant to the individual's152 financial standing is or was, may be or may have been held by the credit reference agency.
    3. (6) (for the purposes of PRIN in relation to MiFID or equivalent third county business) has the meaning given in COBS 3.2.302
    4. (7) (in relation to regulated claims management activity and ancillary activity) means a person who has, has had, or may have a claim:228
      1. (a) who uses, has used, or may use the services of a person who carries on a regulated claims management activity or an activity which would be a regulated claims management activity but for an exclusion in the Regulated Activities Order; or228
      2. (b) in respect of whom a person carries on the regulated activity of seeking out, referrals and identification of claims or potential claims or an activity which would be the regulated activity of seeking out, referrals and identification of claims or potential claims but for an exclusion in the Regulated Activities Order.228
    5. (8) in relation to payment services or issuing electronic money (where not a regulated activity) a client who is:231
      1. (a) a consumer;231
      2. (b) a micro-enterprise; or231
      3. (c) a charity which has an annual income of less than £1 million.231
    6. (9) (in relation to regulated funeral plan activity and funeral plan products):254
      1. (a) (except in PRIN) the person referred to in article 59 (2)(a) of the Regulated Activities Order who makes, or will make, one or more payments to another person under a funeral plan contract or prospective funeral plan contract;254
      2. (b) (in PRIN) a ‘customer’ in (a) and, if different in relation to a funeral plan contract or prospective funeral plan contract, a covered individual.254