Without SUP 10.10.1 R the description of the customer function3 would extend to this function wherever it was3 performed. The effect of SUP 10.10.1 R is that the description is3limited, in relation to regulated activities with an overseas element, in a manner which is broadly consistent with the scope of conduct of business regulation.333
The FSA interprets the phrase "dealing with" as including having contact with customers and extending beyond "dealing" as used in the phrase "dealing in investments". "Dealing in" is used in Schedule 2 to the Act to describe in general terms the regulated activities which are specified in Part II of the Regulated Activities Order.
advising on investments other than a non-investment insurance contract (but not where this is advising on investments in the course of carrying on the activity of5 giving basic advice on a stakeholder product5) and performing other functions related to this such as dealing and arranging;
giving advice to a person to become, or continue or cease to be, a member of a particular Lloyd's syndicate;
dealing, as principal or as agent, and arranging (bringing about) deals in investments other than a non-investment insurance contract with or for, or in connection with customerswhere the dealing or arranging deals is governed by 5COBS 115 (Dealing and managing);
acting in the capacity of an investment manager and carrying on functions connected to this.
3The customer function does not extend to an individual who is performing the functions in SUP 10.10.7A R (1) to (2) or SUP 10.10.7A R (5) to (6) and who is based overseas and who, in a 12 month period, spends no more than 30 days in the United Kingdom to the extent that he is appropriately supervised by a person approved for this function.
3The FSA would expect an individual from overseas to be accompanied on a visit to a customer. TC 2.1.9 R (2)4 provides that the firm will have to be satisfied that the individual has at least three years' up-to-date relevant experience obtained outside the United Kingdom. However, the remaining provisions of TC 2.1.9 R (2)4 are disapplied in these circumstances (except for an individual who gives advice to retail clients on packaged products or is a broker fund adviser). The effect of this is that such individuals need not pass the relevant regulatory module of an appropriate examination (see TC 2.1.9 R (2)4).
3The customer function in SUP 10.10.7A R (5) does not extend to the individual who, on the instructions of the customer, simply inputs the customer's instructions into an automatic execution system where no discretion is or may be exercised by the individual performing the activity. Nor does it extend to merely introducing a customer to a firm or distributing advertisements.
3An individual may advise on investments prior to being assessed as competent in accordance with the rules in the Senior Management Arrangements, Systems and Controls sourcebook (SYSC) and, where relevant, the Training and Competence sourcebook (TC). The firm shall record when that person subsequently becomes competent.4