Activities to which TC 2 applies.
Activity |
Extent of Application |
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1. Employees engaging in: |
Advising and dealing (a) advising on investments which are, and dealing with or for clients in, securities (other than stakeholder pension schemes or broker funds) and derivatives; (b) advising on investments which are, and dealing with or for clients in, securities (other than stakeholder pension schemes or broker funds) only; (c) advising on investments which are, and dealing with or for clients in, derivatives only; Managing (d) managing investment; (e) managing investments in relation to venture capital investments only; Advising (without dealing) (f) advising on investments which are packaged products (other than broker fund or as in (g), (h) or (ha));4 (g) advising on investments which are friendly society tax exempt policies only; (h) advising on investments which are packaged products (where the employee sells only life policies issued by a friendly society and is not reasonably expected to receive remuneration of more than £1,000 a year in respect of such sales); (ha) advising on investments which are long-term care insurance contracts;4 (i) advising on investments in the course of corporate finance business only; (j) advising on investments which are (but not dealing in) securities (other than stakeholder pension schemes or broker funds) and derivatives; (k) advising on investments which are (but not dealing in) securities (other than stakeholder pension schemes or broker funds) only; (l) advising on investments which are (but not dealing in) derivatives only; (m) the activity of a broker fund adviser; (n) advising on syndicate participation at Lloyd's; (o) the activity of a pension transfer specialist. (p) advising a customer on a:3 (i) regulated mortgage contract (other than a regulated lifetime mortgage contract) or a regulated mortgage contract that is for a business purpose; and23 (ii) regulated lifetime mortgage contract.23 11(pa) advising a customer on a home reversion plan; Non-advised sales (q) designing scripted questions for use in sales to customers of regulated lifetime mortgage contracts which do not involve personal recommendations2;8 (r) advising on investments which are non-investment insurance contracts26 11(ra) designing scripted questions for use in sales to customers of home reversion plans which do not involve personal recommendations; (s) providing basic advice on stakeholder products (other than a deposit-based stakeholder product).8 108 |
1. In relation to designated investment business:2 (a) if the activity is carried on with or for a private customer, whole of TC 2 applies;2 (b) if the activity is carried on with or for an intermediate customer or a market counterparty:9 (i) for a money market instrument activity, TC 2 is disapplied as a whole; or9 (ii) otherwise, only TC 2.4, TC 2.5, TC 2.6, and TC 2.8 apply.29 2. In relation to regulated mortgage activities2and home reversion activities11, whole of TC 2 applies.2 3. In relation to advising on investments which are non-investment insurance contracts if the activity is carried on with or for a retail customer (see ICOB), the whole of TC 2 applies, except for TC 2.5, as if in TC 2.2, TC 2.3, TC 2.4 and TC 2.7 each reference to private customer were a reference to retail customer.6 9 |
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2. Employees overseeing on a day-to-day basis: |
(a) operating, or acting as a trustee or depositary of, a collective investment scheme; (b) safeguarding and administering investments or holding of client money (unless held in the course of carrying on a mortgage mediation activity2, a reversion mediation activity11, or an insurance mediation activity only in relation to a non-investment insurance contract6); (c) the following administrative functions in relation to managing investments: (i) arranging settlement; (ii) monitoring and processing corporate actions; (iii) client account administration, liaison and reporting, including valuation and performance measurement; (iv) ISA, PEP or CTF administration;7 (v) investment trust savings scheme administration; (d) the following administrative functions in relation to the effecting or carrying out of life policies: (i) new business administration; (ii)policy alterations, including surrenders and policy loans; (iii) preparingprojections; (iv) processing claims, including pension payments; (v) fund switching; (e) taking private customers through decision trees in connection with a stakeholder pension scheme; (f) the following administrative functions in relation to the operation of a stakeholder pension scheme: (i) new business administration; (ii) receipt of or alteration to contributions; (iii) preparing projections and annual statements; (iv) administration of transfers; (v) handling claims, including pension payments; (vi) fund allocation and switching. (g) the sales tocustomersof2lifetime mortgages12which do not involvepersonal recommendations;122 (h) the sales to customersofhome reversion planswhich do not involvepersonal recommendations.12 11 |
2 6 7 |