Financial Promotions Order: Exemptions for all controlled activities
Financial Promotions Order: Exemptions for all controlled activities

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

  • Financial Promotions Order: Exemptions for all controlled activities
  • Financial Promotions Order: Types of communications
  • Follow up non-real-time communications and solicited real-time communications (FPO, art 14)
  • Introductions (FPO, art 15)
  • Generic promotions (FPO, art 17)
  • Electronic commerce communications: mere conduits, caching and hosting (FPO, art 18A)
  • Incoming electronic commerce communications (FPO, art 20B)
  • Financial Promotions Order: Communications made to certain recipients
  • Communications to overseas recipients (FPO, art 12)
  • Investment professionals (FPO, art 19)
  • More...

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 exemptions from the financial promotion restriction which are available for all controlled activities. For more information about the financial promotion restriction, see Practice Note: The financial promotion regime—essentials.

The exemptions described in this Practice Note are set out in Part IV of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005, SI 2005/1529 (FPO). The exemptions relate to:

  1. certain types of communication

  2. communications made to certain recipients, and

  3. communications made by certain persons.

The FPO contains a list of over 70 exemptions that may be used by those that are not PRA/FCA authorised firms. A number of these are discussed further in Practice Notes: Financial Promotions Order: Exemptions for deposits and insurance, Financial Promotions Order: Exemptions for financial services practice and Financial Promotion Order: Exemptions for corporate practice.

Financial Promotions Order: Types of communications

Follow up non-real-time communications and solicited real-time communications (FPO, art 14)

Where a communication is

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