Content Options

Content Options

View Options

COB 11.8 Proper advice

COB 11.8.1R

A trustee firm must obtain and consider proper advice whenever it intends to exercise its power of investment, except where there are reasonable grounds for not doing so.

COB 11.8.2G

Proper advice is advice from a person who is able to give it competently.

COB 11.8.3G

There is no need to obtain proper advice where there are reasonable grounds not to do so, for example if the trustee firm is itself appropriately qualified to make the particular investment decision concerned or if the investment decision could be reasonably considered not to merit obtaining proper advice.

COB 11.8.4G

COB 11.8 amplifies the requirements of section 6(2) of the Trustee Investments Act 1961 (or section 5 of the Trustee Act 2000 from the date on which that Act enters into force) and trustees' duties at common law.

COB 11.8.5R

A trustee firm must follow the proper advice received unless it is reasonable not to do so.

COB 11.8.6G

A trustee firm which finds it necessary to seek proper advice would normally be expected to follow the advice received. However, there may be reasonable grounds to disregard the advice. For example, a trustee firm may be unable to follow proper advice because of restrictions arising from the trust instrument.

COB 11.8.7R

The trustee firm must make records to show compliance with COB 11.8.5 R and retain them for three years from the date on which the proper advice is received.