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GEN 5.1 Application and purpose

Application

GEN 5.1.1 G

1This chapter contains:2

  1. (1)

    guidance for firms, authorised payment institutions and authorised electronic money institutions8 and their 7appointed representatives, agents7or tied agents5on the circumstances in which the FCA9 permits them 7to reproduce the FSA and FCA logos9;2

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  2. (2)

    rules on the use by firms of the keyfacts logo.2

Purpose

GEN 5.1.2 G

The FSA logo is a registered UK service mark, with number 2150560. The FCA logo is a registered UK service mark, with number 2629534.9 The keyfacts logo is a registered Community trade mark, with the number EU38666889. All9 are3 the property of the FCA9. They are 3also subject to copyright and may be used or reproduced with permission of the FCA9 only. If the FSA, FCA,9 or keyfacts logos are 3reproduced or otherwise used by any person without such permission the FCA may seek to enforce its rights over its property through the Courts.

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GEN 5.1.3 G

GEN 5 Annex 1 G is a general licence, which sets out the circumstances in which the FCA9 permits 5a person to whom this chapter applies 7to reproduce the FSA and keyfacts logos3. Such a person7need not apply for an individual licence if it uses or reproduces the logos 3in accordance with the general licence.

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GEN 5.1.3A G

9No general licence is granted by the FCA in respect of the FCA logo.

GEN 5.1.4 G

The FCA9 has no policy to allow use of the FSA or keyfacts9 logos3 by a person to whom this chapter applies 7other than as set out in GEN 5 Annex 1 G. If, however, such a person7 wishes to use or reproduce either of3 the logos3 other than in accordance with the general licence, it may apply to the FCA9 for an individual licence, giving full reasons why it considers the FCA9 should grant the licence.

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2The keyfacts logo

GEN 5.1.5 R

2A firm must not use the keyfacts logo other than as and when it is required or expressly 4permitted3 to be used by the rules, and in accordance with the general licence in GEN 5 Annex 1 G3.

GEN 5.1.6 R

2A firm must take all reasonable steps to ensure that its representatives do not use the keyfacts logo other than as and when the logo is required to be used by the rules.

GEN 5.1.7 R

2A firm must take all reasonable steps to ensure that the keyfacts logo is not reproduced on any document that the firm, or any person acting on its behalf, provides to a customer unless the reproduction is required by the rules.

The FSA logo

GEN 5.1.8 R

6A firm must not use the FSA logo (and must take all reasonable steps to ensure that its representatives do not use the FSA logo) in any communication with a client other than in accordance with the general licence in GEN 5 Annex 1 G or any individual licence granted by the FCA9 to the firm or its representatives.

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GEN 5.1.9 G

9The general licence in GEN 5 Annex 1 G to use the FSA logo will continue till 1 April 2014 whereupon the general licence is revoked by GEN 5 Annex 1 G, 7.1.

The FCA logo

GEN 5.1.10 R

9A firm must not use the FCA logo (and must take all reasonable steps to ensure that its representatives do not use the FCA logo) in any communication with a client other than in accordance with any individual licence granted by the FCA to the firm or its representatives.

GEN 5 Annex 1 1Licence for use of the FSA and keyfacts logos10

G

1 Application

1.1

The FCA10 grants this licence to firms, authorised payment institutions,7authorised electronic money institutions,8appointed representatives, agents7and tied agents.3

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The FSA logo 10

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2.1

The FSA logo is made up of two elements which together make up the registered UK service mark, with number 2150560:

(1)

the symbol (the scroll and globe device); and

(2)

the FSA letters.

2.2

The keyfacts logo is made up of two elements which together make up the registered Community trade mark, with number E3866688:

(1)

the symbol (the rectangular speech bubble); and

(2)

the word 'keyfacts'.

2.3

There are two versions of the FSA logo, version A and a smaller version B in which the scroll has been simplified. There are two versions of the keyfacts logo, a low resolution version and a high resolution version.

2.4

Copyright subsists in the FSA logo10.

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2.5

Copies of the FSA logo10 that are capable of being reproduced for printing can be found on the FCA's website at www.fca.org.uk10

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Permission to use the FSA logo

3.1

A UK domestic firm6, its appointed representatives and tied agents3, an authorised payment institution and its agents7 and an authorised electronic money institution and its agents8 are permitted to use the FSA logo:

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(1)

as part of a statement by that person, in a letter or electronic equivalent, that it or, in relation to an appointed representative, agent or tied agent, its principal,7 is authorised and6 regulated by the FSA; or

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(2)

if required to do so by the FCA.10

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63.1A

[deleted]6

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3.2

The disclosure required by GEN 4.3.1 R (Disclosure in letters to retail clients3) as continued in GEN TP 1.3(3).1310 is an example of a statement within paragraph 3.1 above.

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3.3

Business cards, compliment slips, text messages, account statements and other similar documents are not letters (or electronic equivalents). Therefore, the licence does not extend to documents such as these.

Permission to use the keyfacts logo

3A.1

A firm, its appointed representatives and tied agents3 are permitted to use the keyfacts logo as and when it is required or permitted to be used by the rules.

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3A.2

The following are examples of places where the rules require or permit the keyfacts logo to be used:

(1)

In COBS, in a services and costs disclosure document or combined initial disclosure document (COBS 6.3)53COB:3

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(2)

In ICOBS:4

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(a)

in an initial disclosure document or combined initial disclosure document4;

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(b)

in a policy summary; and

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(c)

in a key features as an alternative to a policy summary.

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(3)

In MCOB

(a)

in an initial disclosure document or combined initial disclosure document2;

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(b)

in an illustration (MCOB 5.6.2 R and MCOB 9.4.2 R); and2

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2(c)

in a risks and features statement (MCOB 4.10.11 R) and financial information statement (MCOB 5.8.7 R).

Conditions on appearance of the FSA logo

4.1

The permission in paragraph 3.1 is subject to the following conditions:

(1)

the regulatory mark is attached to the FSA logo;

(2)

the FSA logo and regulatory mark appear in black type, or reversed out white on a coloured background;

(3)

the FSA letters appear in type which is not more than three times the size of the accompanying script;

(4)

the two elements of the FSA logo appear together in the same way, and in the same proportion, as in the registered service mark;

(5)

the FSA logo is not redrawn in any way, or matched by a typesetter;

(6)

version B of the FSA logo is used only at sizes below 10 mm in overall height; and

(7)

if the FSA logo is reproduced electronically, no hyperlink is incorporated.

Conditions on appearance of the keyfacts logo

4A.1

The permission in paragraph 3A.1 is subject to the following conditions:

(1)

the regulatory mark (®) is attached to the keyfacts logo;

(2)

the keyfacts logo and regulatory mark appear:

(a)

in black type;

(b)

reversed out white on a coloured background; or

(c)

in colour provided that this does not diminish their prominence;

(3)

the two elements of the keyfacts logo appear together in the same way, and in the same proportion, as in the Community trade mark;

(4)

the keyfacts logo is not redrawn in any way, or matched by a typesetter;

(5)

the low resolution version of the keyfacts logo is used only in documents intended to be read on a computer, television or other screen; and

(6)

if the keyfacts logo is reproduced electronically, no hyperlink is incorporated.

Further conditions on the use of the FSA and keyfacts logos

5.1

The permissions in paragraphs 3.1 and 3A.1 are also subject to the conditions that any material, whether produced on paper or electronically, on which the FSA or keyfacts logos are displayed does not:

(1)

in any way imply that the FCA10 is endorsing the licensee 7or its products, services or communications (see also GEN 1.2.2 R (1)); or

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(2)

misrepresent the licensee's 7relationship with the FCA10 or present false information about the FCA;10 or

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(3)

contain content that could be construed as distasteful, offensive or controversial; or

(4)

infringe any intellectual property or other rights of any person or otherwise not comply with any relevant law or regulation.

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6.1

[deleted]7

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Commencement and duration

7.1

This licence comes into effect on 1 May 2003 except that in relation to the keyfacts logo it comes into effect on 6 November 2006. In relation to the FSA logo, this licence ceases to have effect and is revoked on 1 April 2014.10

7.2

The FCA10 may alter or revoke this licence at any time, by giving at least two months' notice on the FCA's10 website.

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Interpretation

8.1

This licence is to be interpreted in accordance with chapter 2 of the General provisions (Interpreting the Handbook) of the Handbook.10 In particular, expressions in italics are defined in the Handbook Glossary.

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Governing law and jurisdiction

9.1

This licence is governed by and interpreted in line with English law. The courts of any jurisdiction in the United Kingdom have the exclusive jurisdiction to settle any dispute in connection with this licence.