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Status: You are viewing the version of the handbook as on 2009-03-31.

COBS 4.3 Financial promotions to be identifiable as such

COBS 4.3.1RRP

  1. (1)

    A firm must ensure that a financial promotion addressed to a client is clearly identifiable as such.

    [Note: article 19(2) of MiFID]

  2. (2)

    In the case of a financial promotion that relates to the firm's MiFID or equivalent third country business, this rule does not apply to the extent that a financial promotion is a third party prospectus.

  3. (3)

    In the case of a financial promotion that does not relate to thefirm's MiFID or equivalent third country business, this rule applies to communicating or approving a financial promotion but does not apply:

    1. (a)

      to the extent that it is an excluded communication;

    2. (b)

      to the extent that it is a prospectus advertisement to which PR 3.3 applies;

    3. (c)

      if it is image advertising;

    4. (d)

      if it is a non-retail communication;

    5. (e)

      to the extent that it relates to a deposit or to a pure protection contract that is a long-term care insurance contract.