Financial Promotion Order: Exemptions for corporate practice
Financial Promotion Order: Exemptions for corporate practice

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

  • Financial Promotion Order: Exemptions for corporate practice
  • Financial Promotion Order: groups of exemption
  • Transaction-based financial promotions
  • Company-based financial promotions
  • Recipient-based financial promotions

Financial Promotion Order: groups of exemption

This Practice Note looks at exemptions from the financial promotion restriction which may be relevant to corporate practice. For more information about the financial promotion restriction, see Practice Note: The financial promotion regime—essentials.

There are three groups of exemptions to the financial promotion restriction which are set out in the Financial Services and Markets Act 2000 (Financial Promotions) Order 2005, SI 2005/1529 (FPO). The exemptions are grouped according to activity type:

  1. those applicable to all controlled activities (FPO SI 2005/1529, Pt IV)

  2. those applicable to deposits and insurance (FPO SI 2005/1529, Pt V)), and

  3. those applicable to certain controlled activities (these exclude deposit taking) (FPO SI 2005/1529, Pt VI)

For guidance on the exemptions that apply to all controlled activities, see Practice Note: Exemptions for all controlled activities and for guidance on the exemptions for deposits and insurance see Practice Note: Exemptions for deposits and insurance.

The application of the exemptions also depends on the type of communication being made ie real time versus non-real time, or solicited versus unsolicited. For more information about non-real-time, real-time, solicited and unsolicited promotions, see Practice Note: The financial promotion regime—essentials—Real time and non-real time, solicited and unsolicited financial promotions.

Please note that where an FCA authorised firm issues or approves a financial promotion, it may not always