Cancellation of client contracts
Published by a LexisPSL Financial Services expert

The following Financial Services practice note provides comprehensive and up to date legal information covering:

  • Cancellation of client contracts
  • Cancellable contracts
  • Start of cancellation period
  • Disclosing the right to cancel
  • Exercising a right to cancel
  • Record keeping
  • Termination
  • Payment for services provided before cancellation
  • Shortfall
  • Obligations on cancellation
  • More...

Cancellation of client contracts

BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit and financial services: materials on the post-Brexit UK/EU regulatory regime.

This Practice Note explains the rules for the cancellation of client agreements. The rules, which are contained in chapter 15 of the Financial Conduct Authority's (FCA) Conduct of Business sourcebook (COBS 15) are relevant for:

  1. most firms who provide retail financial products based on 'designated investments' (as defined in the glossary to FCA Handbook), and

  2. firms who have distance contracts with consumers for 'designated investment business' (as defined in the glossary to FCA Handbook) or as part of the activity of issuing electronic money

COBS 15 implements Article 6 of Directive 2002/65/EC (the Distance Marketing Directive) and Article 186 of Directive 2009/138/EC (the Solvency II Directive).

Cancellable contracts

The following contracts can be cancelled by consumers within the time limits indicated:

Where one transaction gives a consumer more than one right to cancel, firms need to give them the longest cancellation period applicable

Firms can give consumers longer or additional rights, but these rights need

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