COB 4 Annex 3 1Terms of business content - managing investments

Additional contents in respect of discretionary management

In respect of discretionary management, terms of business (including a client agreement) provided to a customer should, in addition, include some provision about each of:

(1)

Extent of discretion

(a)

the extent of the discretion to be exercised by the firm, including any restrictions on:

(i)

the value of any one investment; and

(ii)

the proportion of the portfolio which any one investment or any particular kind of investment may constitute; or

(b)

that there are no such restrictions.

(2)

Periodic statements

(a)

The frequency of any periodic statements, except when a periodic statement is not required by COB 8.2.7 (Promptness, suitable intervals and adequate information); and

(b)

whether those statements will include some measure of performance, and if so, what the basis of that measurement will be.

(3)

Valuation

The basis on which assets comprised in the portfolio are to be valued.

(4)

Borrowings

That the firm may commit the customer to supplement the funds in the portfolio, including borrowing on his behalf, if this is the case, and, if it may:

(a)

the circumstances in which the firm may do so;

(b)

whether there are any limits on the extent to which the firm may do so and, if so, what those limits are; and

(c)

any circumstances in which such limits may be exceeded.

(5)

Underwriting commitments

If it is the case, that the firm may commit the customer to any obligation to underwrite or sub-underwrite any issue or offer for sale of securities, and:

(a)

whether there are any restrictions on the categories of securities which may be underwritten and, if so, what these restrictions are; and

(b)

whether there are any financial limits on the extent of the underwriting and, if so, what these limits are.