Related provisions for MCOB 1.2.9B
21 - 40 of 48 items.
(-1) This chapter applies to a TP firm. This rule demonstrates the contrary intention under GEN 2.2.26R.30(1) Subject to DISP 1.1.5 R, this15 chapter applies to a firm in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained by it or its appointed representative:3015(a) in the United Kingdom; or30(b) in an EEA State, in the case of a TP firm with respect to services provided into the United Kingdom.30(1A) This chapter
3A firm, other than a venture capital firm, which is managing investments for a professional client that is not a natural person must disclose clearly on its website, or if it does not have a website in another accessible form:(1) the nature of its commitment to the Financial Reporting Council’s Stewardship Code; or(2) where it does not commit to the Code, its alternative investment strategy.
Subject to CASS 6.2.3A-1R, a9firm must effect appropriate registration or recording of legal title to a
safe custody asset2
belonging to a client8 in the name of:62(1) the client, unless the client is an authorised person acting on behalf of its client, in which case it may be registered in the name of the client of that authorised person;6(2) a nominee company which is controlled by:(a) the firm;(b) an affiliated company;(c) a recognised investment exchange; or5(d) a third party
11SYSC 5.1.5ABR applies to a common platform firm and a third country firm:(1) in relation to its MiFID or equivalent third country business;(2) in respect of any natural persons (“relevant individuals”) who, on behalf of the firm:(a) make personal recommendations to clients in relation to financial instruments or structured deposits; or(b) provide information to retail clients or professional clients about financial instruments, structured deposits, investment services or ancillary
(1) Subject to (2), a6firm must only deposit
safe custody assets2
with a third party in a jurisdiction which specifically regulates and supervises the safekeeping of
safe custody assets2
for the account of another person8 with a third party who is subject to such regulation.622(2) A firm must not deposit
safe custody assets2
held on behalf of a client with a third party in a third country8 which does not regulate the holding and safekeeping of
safe custody assets2
for the
This chapter relates to parts of the Handbook whose application depends on whether a person is a client, a retail client, a professional client or an eligible counterparty. However, it does not apply to the extent that another part of the Handbook provides for a different approach to client categorisation. For example, a separate approach to client categorisation is set out in the definition of a retail client for a firm that gives basic advice2.
(1) UCITS schemes6must in particular comply with:(a) COLL 3.2.8 R (UCITS obligations); and(b) the investment and borrowing powers rules for UCITS schemes set out in COLL 5.2 to COLL 5.5 .(2) (a) 5Non-UCITS retail schemes are schemes that do not comply with all the conditions necessary to be a UCITS scheme6.(b) 5A non-UCITS retail scheme is an AIF and must be managed by an AIFM. (c) 5The UK may, under the legislation which implemented6 article 43 of AIFMD, 6impose stricter requirements
(1) Qualified investor schemes are authorised funds which are intended only for professional clients and for retail clients who are2 sophisticated investors. For this reason, qualified investor schemes are subject to a restriction on promotion under COBS 4.12.3 R. See also COBS 4.12.13 G.22123211(1A) 3The authorised contractual scheme manager of a qualified investor scheme which is4 an ACS must take reasonable care to ensure that subscription in relation to the units of this type
A contravention of a rule in SYSC 11 to 2SYSC 14, SYSC 18 to10SYSC 21,7SYSC 22.8.1R, SYSC 22.9.1R or to 9SYSC 288 does not give rise to a right of action by a private person under section 138D of the Act (and each of those rules is specified under section 138D(3) of the Act as a provision giving rise to no such right of action). 34437
(1) When providing a service to which this chapter applies, a firm must ask the client to provide information regarding his knowledge and experience in the investment field relevant to the specific type of product or service offered or demanded so as to enable the firm to assess whether the service or product envisaged is appropriate for the client.(2) When assessing appropriateness, a firm must determine whether the client has the necessary experience and knowledge in order to
A firm must provide a client with a general description of the nature and risks of designated investments, taking into account, in particular, the client's categorisation as a retail client or a professional client. That description must:(1) explain the nature of the specific type of designated investment concerned, as well as the risks particular to that specific type of designated investment, in sufficient detail to enable the client to take investment decisions on an informed
127The following are not eligible complainants:(1) (in all jurisdictions) a firm, payment service provider,3electronic money issuer, 629CBTL firm, designated credit reference agency, designated finance platform13 or VJ participant whose complaint relates in any way to an activity which:8321110(a) the firm itself has permission to carry on; or(ab) 3the firm,629payment service provider, 10electronic money issuer,11CBTL firm,13designated credit reference agency11 or designated finance
(1) 1MCOB 4.7A sets out standards to be observed by firms when advising a particular customer on regulated mortgage contracts.(2) The rules at MCOB 4.8A require firms which are selling regulated mortgage contracts to, or entering into variations of existing regulated mortgage contracts with, certain types of vulnerable customer, to provide advice to them.(3) The rules at MCOB 4.8A also provide that advice must be given wherever the sales process involves spoken or other interactive
(1) Reasonable steps in CASS 6.7.2R(1)(b) include the following course of conduct:(a) determining, as far as reasonably possible, the correct contact details for the relevant client;(b) for a client for whom the firm has evidence that it was a professional client for the purposes of the custody rules at the time of the failure:(i) writing to the client at its last known address either by post or by electronic mail: (A) to inform it of the firm’s intention to dispose of the safe
(1) 6An authorised fund manager of a non-UCITS retail scheme or an ICVC that is a non-UCITS retail scheme that is offered to retail clients may draw up either: (a) a key information document in accordance with the PRIIPs Regulation; or(b) until 31 December 202610, a NURS-KII document (in accordance with the exemption in article 32(2) of the PRIIPs Regulation).9(2) An authorised fund manager of a KII-compliant NURS or an ICVC that is a KII-compliant NURS will need to comply with
(1) 1This
chapter applies to a firm in
relation to designated investment business carried
on for a retail client3. (2) [deleted]3(3) But this chapter does not apply
to: (a) 3a firm in relation to its MiFID, equivalent third country or optional exemption business; or(b) 3subject to (3A),4 a firm to the extent that it is effecting contracts of insurance in relation to a life policy issued or to be issued by the firm as principal.(3A) COBS 8.1.4R and COBS 8.1.5R apply to a firm carrying