Related provisions for APER 4.1.15

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APER 4.1.3GRP
3Deliberately misleading (or attempting to mislead) by act or omission: (1) a client; or(2) his firm (or its auditors or an actuary appointed by his firm under SUP 4 (Actuaries) 1); or1(3) the FCA or the PRA;falls within APER 4.1.2G.
APER 4.1.4GRP
3Behaviour of the type referred to in APER 4.1.3G includes, but is not limited to, deliberately:(1) falsifying documents;(2) misleading a client about the risks of an investment;(3) misleading a client about the charges or surrender penalties of investment products;(4) misleading a client about the likely performance of investment products by providing inappropriate projections of future investment returns;(5) misleading a client by informing him that products require only a single
APER 4.1.5GRP
3Deliberately recommending an investment to a customer, or carrying out a discretionary transaction for a customer where the approved person knows that they are unable to justify its suitability for that customer, falls within APER 4.1.2G.
APER 4.1.6GRP
3Deliberately failing to inform, without reasonable cause:(1) a customer; or(2) his firm (or its auditors or an actuary appointed by his firm under SUP 4 (Actuaries)1); or1(3) the FCA or the PRA;66of the fact that their understanding of a material issue is incorrect, despite being aware of their misunderstanding, falls within APER 4.1.2G.
APER 4.1.7GRP
3Behaviour of the type referred to in APER 4.1.6G includes, but is not limited to, deliberately:(1) failing to disclose the existence of falsified documents;(2) failing to rectify mismarked positions immediately.
APER 4.1.8GRP
3Deliberately preparing inaccurate or inappropriate records or returns in connection with an accountable function, falls within APER 4.1.2 G.4
APER 4.1.9GRP
3Behaviour of the type referred to in APER 4.1.8G includes, but is not limited to, deliberately:(1) preparing performance reports for transmission to customers which are inaccurate or inappropriate (for example, by relying on past performance without appropriate warnings);(2) preparing inaccurate training records or inaccurate details of qualifications, past employment record or experience;(3) preparing inaccurate trading confirmations, contract notes or other records of transactions
APER 4.1.11GRP
3Behaviour of the type referred to in APER 4.1.10 G includes, but is not limited to, deliberately:(1) front running client orders;(2) carrying out unjustified trading on client accounts to generate a benefit (whether direct or indirect) to the approved person (that is, churning);(3) misappropriating a client's assets, including wrongly transferring to personal accounts cash or securities belonging to clients;(4) wrongly using one client's funds to settle margin calls or to cover
CONC 4.8.5GRP
Merely offering a customer more credit than the customer requested would not amount to the behaviour in CONC 4.8.4 R where:(1) the offer of the higher amount was based on a proper creditworthiness assessment or assessment required by CONC 5.2.2R (1); or(2) the firm offers more advantageous terms, conditions or prices to customers for larger loans, provided that such offers are sufficiently transparent and a proper creditworthiness assessment or assessment required by CONC 5.2.2R
CONC 4.8.6RRP
A firm must not lead a customer to believe that the customer's current debt repayments can be reduced under a regulated credit agreement over the same term when this is not the case.[Note: paragraph 5.13 of ILG]
CONC 3.9.6GRP
An example of unfairly directing a customer to a premium rate telephone number may be to direct a person wishing to complain to such a number.