Related provisions for DISP App 1.6.5
41 - 60 of 109 items.
Under most commercial contracts with a customer, a provider will assume more than one obligation. Some of these may be insurance obligations, others may not. The FSA will apply the principles in PERG 6.5.4 G, in the way described in (1) to (3) to determine whether the contract is a contract of insurance.(1) If a provider undertakes an identifiable and distinct obligation that is, in substance an insurance obligation as described in PERG 6.5.4 G, then, other things being equal,
1The FSA will expect a firm which
seeks to rely upon the waiver in SUP 17.2.3 R to take reasonable steps
to verify that transaction reports
will be made in accordance with the standards laid down in this chapter and
in particular should ascertain and remain satisfied that:(1) the provider of the transaction reporting facility maintains
an automated reporting system which the firm is
able to access through the efficient inputting of transactions into
the system;(2) the terms of
In this chapter, ancillary banking services include, for example, the provision and operation of cash machines, foreign currency exchange, safe deposit boxes and account aggregation services (services where details of accounts held with different financial service providers can be accessed by a single password).417417
Any statement or briefing which did not identify the company as an issuer of securities (for example, by referring to its securities) and which does not identify any other particular investment or provider of investments or investment services will be exempt as a generic promotion (see PERG 8.12.14 G). In practice, it will be unlikely that such a statement or briefing would involve a financial promotion but the article 17 exemption may be useful where any doubt arises.
A firm is referred to as a 'network' if it appoints five or more appointed representatives (not counting introducer appointed representatives)7 or if it appoints fewer7 than five appointed representatives (again, not counting introducer appointed representatives)7 which have, between them, twenty-six or more representatives. However, a network does not include:54(a) a product provider;4(b) a firm which markets the packaged products of a product provider in the same group as the
For example, in the FSA's view a publisher or broadcaster would be likely to be making arrangements within the meaning of article 25(2) and be unable to make use of the exclusion in article 27 if:(1) he enters into an agreement with a provider of investment services such as a broker or product provider for the purpose of carrying their financial promotion; and(2) as part of the arrangements, the publisher or broadcaster does one or more of the following:(a) brands the investment
4(1) This chapter applies to a firm4 in the course of carrying on an equity release activity:44(a) makes, or anticipates making, a personal recommendation about; or(b) gives, or anticipates giving, personalised information relating to;the customer:(c) entering into an equity release transaction4; or4(d) varying the terms of an equity release transaction4 entered into by the customer.44(2) In respect of arranging or advising on a home reversion plan for a customer who is acting
1Under article 53B of the Regulated Activities Order (Advising on regulated home reversion plans), advising a person is a specified kind of activity if:(1) the advice is given to the person in his capacity as a reversion occupier or reversion provider or as a potential reversion occupier or reversion provider; and(2) it is advice on the merits of his doing any of the following:(a) entering into a particular home reversion plan; or(b) varying the terms of a home reversion plan
The FSA is aware that many issuers provide unpublished information to
third parties such as analysts, employees, credit rating agencies, finance
providers and major shareholders, often in response to queries from such parties.
The fact that information is unpublished does not in itself make it inside information. However, unpublished
information which amounts to inside information is
only permitted to be disclosed in accordance with the disclosure
rules and an issuer must
ensure
(1) The FSA will consider all the relevant circumstances of a case when it determines the level of financial penalty (if any) that is appropriate and in proportion to the breach concerned. The list of factors in DEPP 6.5.2 G is not exhaustive: not all of these factors may be relevant in a particular case, and there may be other factors, not included below, that are relevant.(2) The FSA does not apply a tariff of penalties for different kinds of breach. This is because there will
This table belongs to MCOB 7.1.1R
(1) Category of firm |
(2) Applicable section |
MCOB 7.1 - MCOB 7.32and MCOB 7.5 - MCOB 7.7. 2 |
|
MCOB 7.1 - MCOB 7.32and MCOB 7.6.7 R - MCOB 7.7.4 R 2 |
|
MCOB 7.1.1 R to MCOB 7.1.4 R, MCOB 7.2, MCOB 7.3 and MCOB 7.8 |
|
As for a home purchase provider except MCOB 7.8.1 R and MCOB 7.8.2 G do not apply |
|
MCOB 7.1.1 R to MCOB 7.1.4 R, MCOB 7.2 and MCOB 7.8.7 G |
|
see MCOB 9.6 for the application of this chapter |
1This chapter applies to every firm and with respect to every regulated activity, except that:(1) for an incoming ECA provider, this chapter does not apply when the firm is acting as such;(2) for an incoming EEA firm which has permission only for cross-border services and which does not carry on regulated activities in the United Kingdom, this chapter does not apply;(3) for an incoming firm not falling under (1) or (2), this chapter does not apply to the extent that the firm is