Related provisions for MCOB 5.1.6
1Activity |
Products/Sectors |
Is there an appropriate examinationrequirement? |
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Designated investment business carried on for a retail client |
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Providing basic advice |
1. |
Stakeholder products excluding a deposit-based stakeholder product |
No |
Advising |
2. |
Securities which are not stakeholder pension schemes or broker funds |
Yes |
3. |
Yes2 |
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4. |
Packaged products which are not broker funds |
Yes2 |
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5. |
Friendly Societylife policies where the employee is not reasonably expected to receive a remuneration of greater than £1000 a year in respect of such sales |
No2 |
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6. |
Friendly Society tax-exempt policies |
Yes2 |
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7. |
Yes2 |
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8. |
Investments in the course of corporate finance business |
Yes2 |
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9. |
Yes2 |
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Undertaking the activity in column 2 |
10. |
Yes |
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11. |
Yes2 |
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Advising and dealing |
12. |
Securities which are not stakeholder pension schemes or broker funds |
Yes |
13. |
Yes2 |
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Managing |
14. |
Yes |
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Overseeing on a day-to-day basis |
15. |
Operating a collective investment scheme or undertaking the activities of a trustee or depositary of a collective investment scheme |
Yes |
16. |
Safeguarding and administering investments or holding client money |
Yes2 |
|
17. |
Administrative functions in relation to managing investments |
Yes2 |
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18. |
Administrative functions in relation to effecting or carrying out contracts of insurance which are life policies |
Yes2 |
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19. |
Administrative functions in relation to the operation of stakeholder pension schemes |
Yes2 |
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Regulated mortgage activity and reversion activity carried on for a customer |
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Advising |
20. |
Regulated mortgage contracts for a non-business purpose |
Yes |
21. |
Yes2 |
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Designing scripted questions for non-advised sales |
22. |
Yes |
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Overseeing non-advised sales on a day-to-day basis |
23. |
Yes |
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Non-investment insurance business carried on for a consumer |
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Advising |
24. |
No |
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Notes: |
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1. |
In the Appendix the heading and types of business specified in the headings are to be read in conjunction with the paragraphs appearing beneath them. |
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2. |
Thus, for example, paragraph 24, under the final heading, refers only to advice on non-investment insurance contracts given to a consumer. |
1This table belongs to COBS 2.3.14 G.
Reasonable non-monetary benefits |
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Gifts, Hospitality and Promotional Competition Prizes |
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1 |
A product provider giving and a firm receiving gifts, hospitality and promotional competition prizes of a reasonable value. |
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Promotion |
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2 |
A product provider assisting another firm to promote its packaged products so that the quality of its service to clients is enhanced. Such assistance should not be of a kind or value that is likely to impair the recipient firm's ability to pay due regard to the interests of its clients, and to give advice on, and recommend, packaged products available from the recipient firm's whole range or ranges. |
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Joint marketing exercises |
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3 |
A product provider providing generic product literature (that is, letter heading, leaflets, forms and envelopes) that is suitable for use and distribution by or on behalf of another firm if: |
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(a) |
the literature enhances the quality of the service to the client and is not primarily of promotional benefit to the product provider; and |
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(b) |
the total costs (for example, packaging, posting, mailing lists) of distributing such literature to its client are borne by the recipient firm. |
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4 |
A product provider supplying another firm with 'freepost' envelopes, for forwarding such items as completed applications, medical reports or copy client agreements. |
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5 |
A product provider supplying product specific literature (for example, key features documents, minimum information) to another firm if: |
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(a) |
the literature does not contain the name of any other firm; or |
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(b) |
if the name of the recipient firm is included, the literature enhances the quality of the service to the client and is not primarily of promotional benefit to the recipient firm. |
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6 |
A product provider supplying draft articles, news items and financial promotions for publication in another firm's magazine, only if in each case any costs paid by the product provider for placing the articles and financial promotions are not more than market rate, and exclude distribution costs. |
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Seminars and conferences |
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7 |
A product provider taking part in a seminar organised by another firm or a third party and paying toward the cost of the seminar, if: |
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(a) |
its participation is for a genuine business purpose; and |
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(b) |
the contribution is reasonable and proportionate to its participation and by reference to the time and sessions at the seminar when its staff play an active role. |
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Technical services and information technology |
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8 |
A product provider supplying a 'freephone' link to which it is connected. |
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9 |
A product provider supplying another firm with any of the following: |
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(a) |
quotations and projections relating to its packaged products and, in relation to specific investment transactions (or for the purpose of any scheme for review of past business), advice on the completion of forms or other documents; |
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(b) |
access to data processing facilities, or access to data, that is related to the product provider's business; |
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(c) |
access to third party electronic dealing or quotation systems that are related to the product provider's business; and |
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(d) |
software that gives information about the product provider'spackaged products or which is appropriate to its business (for example, for use in a scheme for review of past business or for producing projections or technical product information). |
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10 |
A product provider paying cash amounts or giving other assistance to a firm not in the same immediate group for the development of software or other computer facilities necessary to operate software supplied by the product provider, but only to the extent that by doing so it will generate equivalent cost savings to itself or clients. |
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11 |
A product provider supplying another firm with information about sources of mortgage finance. |
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12 |
A product provider supplying another firm with generic technical information in writing, not necessarily related to the product provider's business, when this information states clearly and prominently that it is produced by the product provider or (if different) supplying firm. |
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Training |
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13 |
A product provider providing another firm with training facilities of any kind (for example, lectures, venue, written material and software). |
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Travel and accommodation expenses |
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14 |
A product provider reimbursing another firm's reasonable travel and accommodation expenses when the other firm: |
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(a) |
participates in market research conducted by or for the product provider; |
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(b) |
attends an annual national event of a United Kingdom trade association, hosted or co-hosted by the product provider; |
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(c) |
participates in the product provider's training facilities (see 13); |
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(d) |
visits the product provider'sUnited Kingdom office in order to: |
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(i) |
receive information about the product provider's administrative systems; or |
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(ii) |
attend a meeting with the product provider and an existing or prospective client of the receiving firm. |