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cold call

    56a financial promotion made in the course of a personal visit, telephone conversation or other interactive dialogue:

      1. (a) which:
        1. (i) was not initiated by the recipient of the financial promotion; and
        1. (ii) does not take place in response to an express request from the recipient of the financial promotion; or
      1. (b) in relation to which it was not clear from all the circumstances when the call, visit or dialogue was initiated or requested, that during the course of the call, visit or dialogue, communications would be made concerning the kind of controlled activities and controlled investments to which the communications in fact made relate.

    In this definition:

      1. (c) a person is not to be treated as expressly requesting a call, visit or dialogue:
        1. (i) because he omits to indicate that he does not wish to receive any or any further visits or calls or to engage in any or any further dialogue; or
        1. (ii) because he agrees to standard terms that state that such visits, calls or dialogue will take place, unless he has signified clearly that, in addition to agreeing to the terms, he is willing for them to take place;
      1. (d) if a call, visit or dialogue is initiated or requested by a recipient (R), it is treated as also having been initiated or requested by any other person to whom it is made at the same time as it is made to R if that other recipient is a close relative of R or expected to engage in any investment activity jointly with R.

    [Note: article 8 of the Financial Promotion Order]