COBS 4.3 Financial promotions to be identifiable as such
- (1)
A firm must ensure that a financial promotion addressed to a client is clearly identifiable as such.
[Note: article 24(3)4 of MiFID, article 17(2) of the IDD5 and article 77 of the UCITS Directive]3
- (2)
If2 a financial promotion relates to a2 firm's MiFID, equivalent third country or optional exemption business4, this rule does not apply to the extent that the2 financial promotion is a third party prospectus.
2 - (3)
If2 a financial promotion relates2 to a 2 firm's business that is not 2MiFID or equivalent third country business, this rule applies to communicating or approving the2 financial promotion but does not apply:
- (a)
to the extent that it is an excluded communication;
- (b)
to the extent that it is a prospectus advertisement to which article 22 of the Prospectus Regulation7 applies;
- (c)
if it is image advertising;
- (d)
if it is a non-retail communication;
- (e)
[deleted]5
1
- (a)
- (4)
In the case of a marketing communication that relates to:5
- (a)
a UCITS scheme6, or
5 - (b)
- (a)