Related provisions for MCOB 6.4.14

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DISP 1.3.1RRP
DISP 1.4 - DISP 1.6contain additional requirements, concerning time limits, record keeping and reporting and cooperation with the Ombudsman, for handling complaints, unless DISP 1.3.3 R applies.
DISP 1.3.3RRP
DISP 1.4 - DISP 1.51 do not apply: (1) where the firm has taken reasonable steps to determine, and has determined, that the complaint:(a) is not made by, or on behalf of, an eligible complainant; or(b) does not relate to an activity of that firm (or of any other firm with whom that firm has some connection in marketing financial services)3 which comes under the jurisdiction of the Financial Ombudsman Service; or(c) does not involve an allegation that the complainant has suffered,
SUP 12.4.5CRP
1

Multiple principal agreement

Matter

Explanation

1.

Scope of appointment

The scope of appointment given by each principal to the appointed representative.

2.

Complaints handling

The identity of the principal which will be the point of contact for a complaint from a client (referred to as the "lead-principal" in SUP 12.4.5D G to SUP 12.4.5E G).

An agreement that each principal will co-operate with each other principal in resolving a complaint from a client in relation to the appointed representative's conduct.

The arrangements for complaints handling, including arrangements for resolving disputes between the principals in relation to their liability to a client in respect of a complaint and arrangements for dealing with referrals to the Financial Ombudsman Service.

3.

Financial promotions

The arrangements for approving financial promotion.

4.

Control and monitoring

The arrangements for the control and monitoring of the activities of the appointed representative (see in particular SUP 12.6.6 R (Regulated activities and investment services outside the scope of appointment) and SUP 12.6.7 G (Senior management responsibility for appointed representatives)).

5.

Approved person status

The arrangements for making applications for approved person status (see SUP 10 (Approved persons)).

6.

Training and competence

The arrangements for training and competence (see TC).

7.

Co-operation

The arrangements for co-operation over any other issues which may arise from the multiple appointments, including issues which may damage the interests of clients dealing with the appointed representative and administrative issues.

An agreement by each principal to take reasonable steps to ensure that it does not cause the appointed representative or any of its other principals to be in breach of their obligations to each other or under the regulatory system.

8.

Sharing information

The arrangements for sharing information on matters relevant to the matters covered under the multiple principal agreement and each principal's obligations under SUP 12.6 (Continuing obligations of firms with appointed representatives).

An agreement that each principal will notify each other principal of any information which is materially relevant to the multiple principal agreement.
SUP 12.4.5DGRP
1One effect of the multiple principal agreement is to introduce a 'lead-principal' concept in relation to complaints handling for the benefit of the client. For example, where the client has been given advice by an appointed representative who has two principals, and the advice could have led to a transaction being arranged with either principal, the client will know that he may pursue his complaint with (but not necessarily against) one of the principals. Whether he later decides
SUP 12.4.5EGRP
(1) 1Under the relevant Advising and Selling chapters of COB, ICOB and MCOB, the customer will receive details of how to complain to the appointed representative and, when a product is purchased, details of the complaints procedure for the product provider, insurer or home finance provider.22(2) Under DISP 1.2.9 R, a firm must among other things, supply a copy of its internal complaint handling procedures to the customer when it receives a complaint. In complying with DISP 1.2.9
SUP 12.4.5FGRP
1When considering the provisions for complaints handling (see SUP 12.4.5C(2)) firms should consider the use of a mediation clause. If a complaint is made by a client, principals which are unable to resolve a dispute about liability to the client should consider all quick and effective ways of resolving the dispute, including referring the matter to the Financial Ombudsman Service and mediation.
DISP 4.2.3RRP
DISP 1.5.1 R contains a requirement for a firm in the Compulsory Jurisdiction to make and retain records of complaints subject to DISP 1.4 - DISP 1.6 for a minimum period of three years from the date of its receipt of a complaint. Although this requirement is not applied to VJ participants, they may need to keep records of complaints for sufficient time to enable them to provide the Ombudsman with necessary information in the event of a complaint being referred to the Financial
DISP 4.2.7RRP
(1) None of the following is to be liable in damages for anything done or omitted in the discharge, or purported discharge, of any functions in connection with the Voluntary Jurisdiction:(a) FOS Ltd;(b) any member of its governing body;(c) any member of its staff;(d) any person acting as an Ombudsman for the purposes of the Financial Ombudsman Service.(2) Paragraph (1) does not apply:(a) where the act or omission is shown to have been in bad faith; or(b) so as to prevent an award
DISP 1.2.3GRP
Firms are not obliged to restrict their internal complaint handling procedures to expressions of dissatisfaction from eligible complainants. They may, if they wish, also establish procedures for handling complaints from other customers.
FEES 5.3.3GRP
The FSA will determine, following consultation, the amount to be raised from each industry block. This will be based on the budgeted costs and numbers of Financial Ombudsman Service staff required to deal with the volume of complaints which the Financial Ombudsman Service expects to receive about the firms in each industry block. Modified arrangements have been made for certain types of small firms (see FEES 5.5.3 R to FEES 5.5.5 G).
FEES 5.3.9RRP
For the purpose of FEES 5.3.6 R and FEES 5.3.8 R, a member of the Society of Lloyd's or a managing agent at Lloyd's will not in that capacity be treated as a firm. But the Society of Lloyd's will pay a general levy in respect of Lloyd's insurance business conducted with eligible complainants.
GEN 2.1.9GRP
[deleted]323
DISP 1.1.1GRP
Subject to DISP 1.1.1A R, this5 chapter applies to every firm in respect of activities carried on from an establishment maintained by the firm (or its appointed representative) in the United Kingdom, except:5(1) (a) a firm that is exempt under DISP 1.1.7 R; (b) a UCITS qualifier;(c) an authorised professional firm in so far as its non-mainstream regulated activities are concerned; and(d) 1a credit union; or(2) in relation to the Society of Lloyd's, members of the Society and managing
DISP 1.1.12RRP
The purpose of this chapter is to set out the rules relating to the internal handling of complaints by firms and licensees37, including the procedures which a firm must put in place; the time limits within which a firm must deal with a complaint; the referral of complaints,4 the records of a complaint which a firm must make and retain; and the requirements on a firm to report information about complaints to the FSA. This is to ensure that complaints are handled fairly, effectively
FEES 5.2.3GRP
Paragraph 15 of Schedule 17 to the Act enables FOS Ltd to require firms subject to the Compulsory Jurisdiction and any other respondents to a complaint to pay specified fees to it in respect of complaints closed by the Financial Ombudsman Service.
DISP 2.1.3GRP
A reference in this chapter to a "complaint": (1) 1includes part of a complaint; and (2) under the Compulsory Jurisdiction includes all or part of a relevant new complaint and all or part of a relevant transitional complaint.21
SYSC 1.4.2RRP
A contravention of a rule in SYSC 11 to SYSC 18 does not give rise to a right of action by a private person under section 150 of the Act (and each of those rules is specified under section 150(2) of the Act as a provision giving rise to no such right of action).
DISP App 1.1.4GRP
The purpose of this appendix is to describe how FOS Ltd must handle relevant existing complaints (that is, the partly completed complaints which it inherits from the former schemes at commencement under the Ombudsman Transitional Order). Complaints which firms (as opposed to the former schemes) have partly completed at commencement will be handled as described in DISP 1 (Complaint handling procedures for firms) (see, in particular, DISP 1.4.6 R).
DISP 3.1.4GRP
Except as otherwise specified, references in this chapter to a "complaint" include: (1) a relevant new complaint and a relevant transitional complaint; and2(2) part of a complaint or a relevant new complaint or a relevant transitional complaint.21
FEES 5.4.4GRP
A firm should not provide a statement of relevant business if it deals only with eligible complainants who are not private individuals. Relevant business is defined in the Glossary as business done with private individuals only. So FEES 5.4.1 R does not apply in relation to business done with other types of eligible complainant described in DISP 2.4.3 R (1)(b), (c) and (d); the funding of FOS Ltd in relation to that business is by special case fee only (see FEES 5.5.6 R).
DISP 1.4.2GRP
A firm which is able to provide a final response within five business days of receipt of a complaint may combine its acknowledgement of the complaint with the final response. (For complaints which are subject to the FSAVC review, see DISP 1.4.15 R to DISP 1.4.17 G.)