Related provisions for COBS 20.2.1D

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COBS 11.2.9GRP
A firm's execution policy should determine the relative importance of each of the execution factors or establish a process by which the firm will determine the relative importance of the execution factors. The relative importance that the firm gives to those execution factors must be designed to obtain the best possible result for the execution of its client orders. Ordinarily, the FCA would expect that price will merit a high relative importance in obtaining the best possible
COBS 11.2.11GRP
The obligation to deliver best execution for a retail client where there are competing execution venues is not intended to require a firm to compare the results that would be achieved for its client on the basis of its own execution policy and its own commissions and fees, with results that might be achieved for the same client by any other firm on the basis of a different execution policy or a different structure of commissions or fees. Nor is it intended to require a firm to
COBS 11.2.15RRP
The order execution policy must include, in respect of each class of financial instruments, information on the different execution venues where the firm executes its client orders and the factors affecting the choice of execution venue. It must at least include those execution venues that enable the firm to obtain on a consistent basis the best possible result for the execution of client orders.4
COBS 11.2.16GRP
(1) When establishing its execution policy, a firm should determine the relative importance of the execution factors, or at least establish the process by which it determines the relative importance of these factors, so that it can deliver the best possible result to its clients.(2) In order to give effect to that policy, a firm should select the execution venues that enable it to obtain on a consistent basis the best possible result for the execution of client orders.(3) A firm
COBS 11.2.18GRP
The provisions of this section as to execution policy are without prejudice to the general obligation of a firm to monitor the effectiveness of its order execution arrangements and policy and assess the execution venues in its execution policy on a regular basis.4
COBS 11.2.21GRP
A firm should not induce a client to instruct it to execute an order in a particular way, by expressly indicating or implicitly suggesting the content of the instruction to the client, when the firm ought reasonably to know that an instruction to that effect is likely to prevent it from obtaining the best possible result for that client. However, this should not prevent a firm inviting a client to choose between two or more specified trading venues, provided that those venues
COBS 11.2.23ARRP
2A full-scope UK AIFM6must make available appropriate information on its execution policy required under article 27(3) of the AIFMD level 2 regulation (Execution of decisions to deal on behalf of the managed AIF)4 and on any material changes to that policy to the investors in4 of each AIF4 it manages.44
COBS 11.2.28RRP
(1) A firm must review annually its execution policy, as well as its order execution arrangements.(2) This review must also be carried out whenever a material change occurs that affects the firm's ability to continue to obtain the best possible result for the execution of its client orders on a consistent basis using the venues included in its execution policy.42
A firm must provide a client6 with the following general information, if relevant:(1) the name and address of the firm, and the contact details necessary to enable a client to communicate effectively with the firm;(2) [deleted]6(3) the methods of communication to be used between the firm and the client including, where relevant, those for the sending and reception of orders;(4) a statement of the fact that the firm is authorised by the FCA or the PRA, as applicable8;(5) [deleted]6(6)
COBS 4.10.1GRP
The rules in SYSC 3 (and also for Solvency II firms, the PRA Rulebook: Solvency II firms: Conditions Governing Business)1 and SYSC 4 require a firm that communicates with a client in relation to designated investment business, or communicates or approves a financial promotion, to put in place systems and controls or policies and procedures, or an effective internal control system,1 in order to comply with the rules in this chapter.
COBS 20.3.6RRP

Table: Issues to be covered in PPFM




Amount payable under a with-profits policy


Methods used to guide determination of the amount that is appropriate to pay individual with-profits policyholders, including:


the aims of the methods and approximations used;


how the current methods, including any relevant historical assumptions used and any systems maintained to deliver results of particular methods, are documented; and


the procedures for changing the current method or any assumptions or parameters relevant to a particular method.


Approach to setting bonus rates.


Approach to smoothing maturity payments and surrender payments, including:


the smoothing policy applied to each type of with-profits policy;


the limits (if any) applied to the total cost of, or excess from, smoothing; and


any limits applied to any changes in the level of maturity payments between one period to another.


Investment strategy

Significant aspects of the firm's investment strategy for its with-profits business or, if different, any with-profits fund, including:


the degree of matching to be maintained between assets relevant to with-profits business and liabilities to with-profits policyholders and other creditors;


the firm's approach to assets of different credit or liquidity quality and different volatility of market values;


the presence among the assets relevant to with-profits business of any assets that would not normally be traded because of their importance to the firm, and the justification for holding such assets; and


the firm's controls on using new asset or liability instruments and the nature of any approval required before new instruments are used.


Business risk

The exposure of the with-profits business to business risks (new and existing), including the firm's:


procedures for deciding if the with-profits business may undertake a particular business risk;


arrangements for reviewing and setting a limit on the scale of such risks; and


procedures for reflecting the profits or losses of such business risks in the amounts payable under with-profits policies.


Charges and expenses


The way in which the firm applies charges and apportions expenses to its with-profits business, including, if material, any interaction with connected firms.


The cost apportionment principles that will determine which costs are, or may be, charged to a with-profits fund and which costs are, or may be, charged to the other parts of its business of its shareholders.


Management of inherited estate

Management of any inherited estate and the uses to which the firm may put that inherited estate.


Volumes of new business and arrangements on stopping taking new business

If a firm'swith-profits fund is accepting new with-profits business, its practice for review of the limits on the quantity and type of new business and the actions that the firm would take if it ceased to take on new business of any significant amount.


Equity between the with-profits fund and any shareholders

The way in which the interests of with-profits policyholders are, or may be, affected by the interests of any shareholders of the firm.

A firm must implement appropriate written internal policies and procedures to categorise its clients. [Note: fourth paragraph of section II.2 of annex II to MiFID]