Home FCA Handbook PROD PROD 3 PROD 3.1 General
[Note: ESMA has also issued guidelines: Guidelines on MiFID II product governance requirements, 05/02/2018, ESMA35-43-620]
You are viewing PROD 3.1 General as of . PROD 3.1 General was last updated on 19/01/2026.

PROD 3.1 General

Interpretation: financial instruments and structured products

03/01/2018R

For the purposes of PROD 3, references to financial instruments include structured deposits.

Proportionate application of rules

03/01/2018R
  1. (1)

    A firm must, when manufacturing financial instruments or deciding on the range of financial instruments and investment services it intends to distribute to clients, comply, in a way that is appropriate and proportionate, with the requirements set out in this chapter.

  2. (2)

    In complying with these requirements, a firm must take into account:

    1. (a)

      the nature of the financial instrument or investment service; and

    2. (b)

      the target market for the financial instrument.

[Note: articles 9(1) and 10(1) of the MiFID Delegated Directive]

19/01/2026G

(1) A proportionate application of the requirements in this chapter may mean that complying with the rules could be relatively simple for simple financial instruments distributed on an execution-only transaction basis where such financial instruments would be compatible with the needs and characteristics of the mass retail market.

(2) An example of the type of financial instrument that would ordinarily be regarded as simple for the purposes of (1) is a plain vanilla listed bond issued by an ESCC issuer or ESCC subsidiary. This is because its features, including the expected rate of return and any risk relating to that return, are capable of being well understood by consumers in the mass retail market. A plain vanilla listed bond issued by an ESCC issuer or ESCC subsidiary is therefore likely to be compatible with the needs and characteristics of consumers in the mass retail market and therefore appropriate for distribution by way of a wide range of channels.