1The whole of this chapter applies to a firm which made a personal recommendation in relation to an Arch cru fund, after which a consumer made an investment in the Arch cru fund, and to which the suitability requirements (specified at paragraph 5.1R of the instructions in CONRED 2 Annex 13 ) applied.
The Arch cru funds referred to in CONRED are any of the following sub-funds of the CF Arch cru Investment Funds and CF Arch cru Diversified Funds:
A person in (1) must either:
perform such of the obligations as the firm is required to perform under this chapter; or
ensure that those obligations are performed by the firm;
CONRED 2.2, CONRED 2.4.1R (1), CONRED 2.8.1 R, CONRED 2.8.2 R, CONRED 2.8.3 R and CONRED 2.8.4 G also apply to any firm which has carried out any of the following regulated activities for a customer in relation to an Arch cru fund:
arranging (bringing about) deals in investments; or
except for a firm which, at the relevant time, was a platform service provider; meaning it:
provided a service which involved arranging and safeguarding and administering assets;
A scheme case ceases to be within the subject matter of the scheme if the firm:
did not have sufficient information to determine the scheme case and has taken the required steps to obtain further information from the consumer but still does not have sufficient information (as more fully described in CONRED 2.5.9 R); or
Where the firm has not received, by 22 July 2013, a response from the consumer to the letter required by CONRED 2.4.4 R or (where applicable) to the letter required by CONRED 2.4.5R (1) or (2), the firm should handle any complaint received from a consumer after this date in relation to the sale of Arch cru funds in accordance with the complaint handling rules in DISP, unless CONRED 2.5.1R (2) (in relation to exceptional circumstances) applies.