Conduct requirements

Q&As

What changes were made to the financial promotion regime by the Financial Services Act 2012?

What changes were made to the financial promotion regime by the Financial Services Act 2012?This is an introduction to the restrictions on financial...

11th Aug

Q&As

Do debt collection firms need specific Financial Conduct Authority authorisation to collect client money?

Do debt collection firms need specific Financial Conduct Authority authorisation to collect client money?For the purposes of this Q&A, we presume that...

11th Aug

Q&As

Where a company wishes to make a financial promotion (in the form of equity to its shareholders) on behalf of a second set of shareholders, can the company communicate that financial promotion on behalf of its shareholders to the other shareholders?

Where a company wishes to make a financial promotion (in the form of equity to its shareholders) on behalf of a second set of shareholders, can the...

11th Aug

Q&As

Would a communication to existing shareholders of a private company limited by shares (of which there are 500+) asking them to pass a resolution to disapply rights of pre-emption so that shares in the capital of the company can be issued to a new investor constitute ‘investment activity’ for the purposes of Financial Services and Markets Act 2000 and the Financial Promotions regime?

Would a communication to existing shareholders of a private company limited by shares (of which there are 500+) asking them to pass a resolution to...

Produced in partnership with Russell Kelsall LLB (Hull); LPC (Shef) of TLT 11th Aug

Practice notes

Automated advice models (including ‘robo-advice’) in financial services

Automated advice models (including ‘robo-advice’) in financial servicesAutomated financial product advisers or robo-advisers are automated computer...

Produced in partnership with Kushal Gandhi and Charles Kerrigan of CMS 6th Aug

Practice notes

SMEs and the debt capital markets

SMEs and the debt capital marketsIntroductionTraditional debt capital marketsThe debt capital markets have traditionally been used by major companies...

3rd Aug

Q&As

Would an FCA authorised firm providing presentations at marketing events about products and services be subject to FCA financial promotion rules if the services provided are order handling services for financial instruments and the clients are professional clients?

Would an FCA authorised firm providing presentations at marketing events about products and services be subject to FCA financial promotion rules if...

31st Jul

Q&As

We are a UK insurance company authorised by the PRA and regulated by both the PRA and the FCA. Our insurance policies are sold by us by telephone, and by our corporate business partner companies through their websites and in their UK shops. Some of our customers live on Jersey. Therefore our Jersey customers could have bought our policies at home in Jersey via a telephone call or through the internet, or they could have bought one of our policies in a UK shop and then travelled back home to Jersey as a new policyholder. Which registrations do we need with the Jersey Financial Services Commission, and do we need to be registered or would it be because we have policyholders currently buying new policies? None of our policies are Long Term business.

We are a UK insurance company authorised by the PRA and regulated by both the PRA and the FCA. Our insurance policies are sold by us by telephone, and...

31st Jul

Q&As

I have a regulated client who has permission to deal only with eligible counterparties and professional clients. He deals on a matched principal basis for clients in relation to OTC FX Options. A question has arisen in relation to inducements and whether COBS 2.3 applies to professional clients. Noted it won't apply to eligible counterparties and it would appear that it is relevant to professional clients also but your views would be appreciated. Clearly the difficulty will be in the 'enhancement' limb under COBS 2.3.1.

I have a regulated client who has permission to deal only with eligible counterparties and professional clients. He deals on a matched principal basis...

31st Jul

Practice notes

Payments to platforms

Payments to platformsBREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period...

31st Jul

Practice notes

Retail Distribution Review

Retail Distribution ReviewBREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period...

31st Jul

Practice notes

Mortgage Market Review—background and implementation

Mortgage Market Review—background and implementationBREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit...

31st Jul

Practice notes

Assessing suitability: FCA guidance

Assessing suitability: FCA guidanceBREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation...

31st Jul

Practice notes

Comparative advertising

Comparative advertisingMany businesses wish to promote their goods or services by reference to those of a competitor to gain a commercial advantage....

Produced in partnership with Paul Jordan of Bristows and Timothy Heaps of Bristows 31st Jul

Practice notes

COBS 4—Systems, controls and records

COBS 4—Systems, controls and recordsThis Practice Note explains the Financial Conduct Authority (FCA)'s rules on systems, controls and records in...

31st Jul

Practice notes

CASS 9 and information to clients

CASS 9 and information to clientsBREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation...

31st Jul

Practice notes

Evolution and examples of retail conduct risk

Evolution and examples of retail conduct riskBackground to the concept of conduct riskConduct risk has been a corner stone of the Financial Conduct...

Produced in partnership with Rosanna Bryant of Addleshaw Goddard 31st Jul

Practice notes