Related provisions for MCOB 1.2.9B
21 - 40 of 49 items.
(1) Subject to (2), a6firm must only deposit
safe custody assets2
with a third party in a jurisdiction which specifically regulates and supervises the safekeeping of
safe custody assets2
for the account of another person with a third party who is subject to such regulation.622(2) A firm must not deposit
safe custody assets2
held on behalf of a client with a third party in a country that is not an EEA State (third country) and which does not regulate the holding and safekeeping
A firm must provide a client with a general description of the nature and risks of designated investments, taking into account, in particular, the client's categorisation as a retail client or a professional client. That description must:(1) explain the nature of the specific type of designated investment concerned, as well as the risks particular to that specific type of designated investment, in sufficient detail to enable the client to take investment decisions on an informed
(1) 1MCOB 4.7A sets out standards to be observed by firms when advising a particular customer on regulated mortgage contracts.(2) The rules at MCOB 4.8A require firms which are selling regulated mortgage contracts to, or entering into variations of existing regulated mortgage contracts with, certain types of vulnerable customer, to provide advice to them.(3) The rules at MCOB 4.8A also provide that advice must be given wherever the sales process involves spoken or other interactive
(1) A firm that holds designated investments or client money for a retail client subject to the custody chapter or the client money chapter must provide that client with the following information:444(a) if applicable,(i) that the designated investments or client money of that client may be held by a third party on behalf of the firm;(ii) the responsibility of the firm under the applicable national law for any acts or omissions of the third party; and(iii) the consequences for
(1) Qualified investor schemes are authorised funds which are intended only for professional clients and for retail clients who are2 sophisticated investors. For this reason, qualified investor schemes are subject to a restriction on promotion under COBS 4.12.3 R. See also COBS 4.12.13 G.22123211(1A) 3The authorised contractual scheme manager of a qualified investor scheme which is4 an ACS must take reasonable care to ensure that subscription in relation to the units of this type
124The following are not eligible complainants:(1) (in all jurisdictions) a firm, payment service provider,3electronic money issuer, 626CBTL firm, designated credit reference agency, designated finance platform13 or VJ participant whose complaint relates in any way to an activity which:8291110(a) the firm itself has permission to carry on; or(ab) 3the firm,626payment service provider, 10electronic money issuer,11CBTL firm,13designated credit reference agency11 or designated finance
(1) 1This
chapter applies to a firm in
relation to designated investment business carried
on for:(a) a retail
client; and(b) in relation to MiFID
or equivalent third country business, a professional
client.(2) If expressly provided, this chapter
also applies to a firm in relation
to other ancillary services carried
on for a client, but only in
relation to its MiFID or equivalent third
country business.(3) But this chapter does not apply
to a firm to the extent that
it is effecting
(1) 6An authorised fund manager of a non-UCITS retail scheme or an ICVC that is a non-UCITS retail scheme that is offered to retail clients may draw up either: (a) a key information document in accordance with the PRIIPs Regulation; or(b) until 31 December 2019, a NURS-KII document (in accordance with the exemption in article 32(2) of the PRIIPs Regulation).(2) An authorised fund manager of a KII-compliant NURS or an ICVC that is a KII-compliant NURS will need to comply with
(1) UCITS schemes have to comply with the conditions necessary in order to enjoy the rights available under the UCITS Directive. Such schemes must in particular comply with:(a) COLL 3.2.8 R (UCITS obligations); and(b) the investment and borrowing powers rules for UCITS schemes set out in COLL 5.2 to COLL 5.5 .(2) (a) 5Non-UCITS retail schemes are schemes that do not comply with all the conditions set out in the UCITS Directive.(b) 5A non-UCITS retail scheme is an AIF and must
9If a UKfirm has exercised an EEA right deriving from AIFMD to provide cross-border services to market an AIF, regulation 17A(3) states that it must not make a material change to any of the following:(1) the programme of operations identifying the AIF the AIFM intends to market and information on where the AIF is established;(2) the AIF rules or instruments of incorporation; (3) the depositary of the AIF;(4) the description of, or information on, the AIF available to investors;(5)
(1) A firm which carries on designated investment business with or for retail clients or professional clients8 and a UK ISPV which carries on insurance risk transformation with respect to long-term insurance contracts18 must allocate to a director or senior manager the function of:8(a) having responsibility for oversight of the firm's compliance; and(b) reporting to the governing body in respect of that responsibility.1(2) In 10 (1) "compliance" means compliance with the rules
For the purposes of COBS 11.8.5 R and COBS 11.8.5A R2 a relevant conversation or communication is any one of the following:(1) a conversation or communication between an employee or contractor of the firm with a client, or when acting on behalf of a client, with another person, which concludes an agreement by the firm to carry out the activities referred to in COBS 11.8.1 R as principal or as agent;(2) a conversation or communication between an employee or contractor of the firm
(1) Reasonable steps in CASS 6.7.2R(1)(b) include the following course of conduct:(a) determining, as far as reasonably possible, the correct contact details for the relevant client;(b) for a client for whom the firm has evidence that it was a professional client for the purposes of the custody rules at the time of the failure:(i) writing to the client at its last known address either by post or by electronic mail: (A) to inform it of the firm’s intention to dispose of the safe
3A firm, other than a venture capital firm, which is managing investments for a professional client that is not a natural person must disclose clearly on its website, or if it does not have a website in another accessible form:(1) the nature of its commitment to the Financial Reporting Council’s Stewardship Code; or(2) where it does not commit to the Code, its alternative investment strategy.
(1) Subject to DISP 1.1.5 R, this15 chapter applies to a firm in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained by it or its appointed representative in the United Kingdom.15(2) For complaints relating to the MiFID business of a firm, the complaints handling rules and the complaints record rule:(a) apply to complaints from retail clients and do not apply to complaints from eligible complainants who are not retail