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CISI: UK Regulation 2.0 > Chapter 4: The FCA Conduct of Business Sourcebook/Client Assets > Flashcards

Chapter 4: The FCA Conduct of Business Sourcebook/Client Assets Flashcards

1
Q

What is the “General Application” of the Conduct of Business Rules (COBS)?

A

The COBS apply directly to firms conducting designated investment business or conducting insurance business from an establishment maintained by them (or appointed representatives) in the UK

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2
Q

What are the forms of Designated Investment Business subject to COBS?

There are 4 DBAM

Provided they are in designated investments?

A
  • Dealing
  • Broking
  • Advising
  • Managing
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3
Q

With reagrds to Designated Investments, what products are typically tested in this exam?

Full list in Chapter 3

What asset classes

A

MiFID Investments: Shares, Bonds and Derivatives

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4
Q

What are some Non-MiFID Designated Investments subject to COBS?

What are some examples of the actual products?

A

Packaged products (gives retail clients exposure to the market indirectly)

Pension schemes, CIS etc…

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5
Q

What is meant by “Insurance Business” subject to COBS?

What is an example

A

Insurance products that track the market e.g. Life assurance policies (endowments)

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6
Q

What are “Appointed representatives” AKA?

A

Tied agents

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7
Q

Are “Appointed Representatives” exempt from COBS?

If so who is responsible?

A

Yes

The firm

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8
Q

What is the Clients Best Interest Rule (Fair treatment)?

A

All firms must ensure they act honestly, fairly and professionally

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9
Q

Which clients are subject to the “Electronic Media” rules?

A

All clients

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10
Q

For the COBS rules on Electronic Media, what conditions must be met in order to be able to use a Website?

There are 5

A
  • Evidence its appropriate method of communication
  • The client specifically consented to this method
  • The client is notified of the website address electronically
  • The info is kept up to date
  • The info will be kept for as long as the client requires it
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11
Q

What situtations would require Recording Voice and Electronic Communications be kept?

What types of activities warrant storing these AND WHERE?

A
  • Receiving client orders
  • Executing client orders
  • Arranging for client order to be executed

In qualifying investments admitted to trading on a prescribed market

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12
Q

How long should “Good Quality Recording Voice and Electronic Communications” be kept?

How many years?

A

5 years

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13
Q

What are the types of “Communications” that can be stored?

There are 4

A

Fax, email, instant messages and mobile phones

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14
Q

Recording Voice and Electronic Communications, should be used for which types of client?

A

All clients including eligible counterparties

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15
Q

When considering Client Classification, what factor determines the amount of protection a client shoulg get?

A

Knowledge and experience

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16
Q

What is the default status for Client Categorisation?

If they cant be classified

A

A Retail Client

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17
Q

What clients are scoped when the term “Customer” is used?

A

Professional Clients and Retail Clients

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18
Q

What are examples of Per Se Professional Clients?

There are 6 (write them down)

A
  • Authorised / Regulated firm
  • Central banks
  • Governments
  • Supranationals
  • Large undertaking
  • Other institutional investors
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19
Q

What type of business is usually used as “Eligible Counterparty Business”?

A

Dealing on own account and/or executing orders on behalf of clients

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20
Q

To be classified as a Professional Client at a company level, what Two of the Three factors must be satisified?

Turnover, Balance Sheet, Cash

A

Balance Sheet: 20m EUR
Net Turnover: 40m EUR
Funds: 2m EUR

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21
Q

To be classified as a Professional Client at a company level, what Two of the Three factors must be satisified FOR NON MiFID BUSINESS?

Turnover, Balance Sheet, Employees

A

Balance Sheet: 12.5m EUR
Net Turnover: 25m EUR
Avg. Employees: 250

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22
Q

For Elective Professional Clients, what is assessed in the Qualitative Test?

This is for all business?

A

Firms assess expertise, knowledge and experience to provide reasonable assurance about capability and understanding.

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23
Q

For Elective Professional Clients, what is assessed in the Quantitative Tests?

For MiFID business only

A

Meet 2 of the following 3:
* Average trade frequency 10 per quarter over previous four quarters
* Portfolio > 500k EUR
* Works or worked in FS for more than 1 year in professional capacity

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24
Q

What is the Procedures to Opt up to an Elective Professional Client?

3 points

Written what

A
  • Written intent from the client to be classified as professional
  • Written warning to client to highlight loss of protection
  • Written client consent for lost protection
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25
Q

Who will be unable to opt up to be a Eligible Counterparty?

A

Institutional investor

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26
Q

What is the procedure to categorised as an “Eligible Counterparty”?

Only 1

A

Obtain client consent to be categorised as an eligible counterparty

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27
Q

When Agent A is acting on behalf of Investor B, who should the firm categorise as the client?

A

Agent A

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28
Q

What are the Exceptions, where the Agent would be classified as a client?

There are 2

A
  • There is a written agreement between the firm and the agent to class the firm as the client
  • The purpose of the agency is to avoid duties owed to B
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29
Q

Can a Firm rely on information and recommendations provided by other MiFID firms

A

Yes

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30
Q

If a firm is to rely on information from a non-MiFID firm, what conditions must be met?

There are 3

A
  • The information is in writing
  • The non-MiFID firm independent
  • The non-MiFID firm is competent (the MiFID firm is accountable to this)
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31
Q

What is S21 of FSMA 2000?

Must not……

A

Must not communicate a financial promotion unless:
* It is an authorised person
* The content has been approved by an authorised person

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32
Q

If a promotion has been approved by an authorised person, who takes responsibility?

A

The authorised person

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33
Q

A firm that communicates a financial promotion produced by a Third Party, would never be in breach if?

What three conditions have been met?

A
  • It had established that an authorised person has approved the promotion
  • It communicates the promotion only to those intened for
  • The promotion has not caesed to be fair, clear and not misleading
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34
Q

For Exceptions when approving a financial promotion, what are the FCA rules on promotions that are not covered?

There are 5…… FPO?

A
  • Exempt under the financial promotions order
  • From outside the UK and cannot have effect in the UK
  • Subject to the takeover code or any similar code
  • Personal quotes or illustrations
  • One of promotions that are not cold calls
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35
Q

With regards to Adverts, what must be made very clear?

A

That it is not a prespectus and must list where and by what date can one find the prospectus

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36
Q

Must and Advert be Consitent with Prospectus?

A

Yes, absolutley

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37
Q

When communicating with Retail Clients, what must a firm ensure is what included?

A
  • Name of the firm is inluded
  • Details are fair and accurate
  • The promotion is comprehensible
  • The promotion does not obscure risks and warnings, especially for “Capital at Risk” products
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38
Q

What is the time frame required for Past Performance?

How long and what incraments?

A
  • Must cover at least 5 years or life of investment
  • In complete 12 month periods
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39
Q

What are the 6 rules relating to Past Performance when communicating with clients?

What must this include or exclude?

A
  • Must not be the most prominent feature
  • Cover at least 5 years or life, with 12 month periods
  • Reference period and sources must be shown
  • State this is not an indicator of future performance
  • If relevant currency stated and warning of currency risk provided
  • Disclose of fees and commissions
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40
Q

What are the 2 rules relating to Simulated Performance when communicating with clients?

Note: This must also comply with the rules regarding past performance

A
  • Must be based on the actual performance of a given index
  • Comply with the rules of past performance
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41
Q

What are the 4 rules relating to Future Performance when communicating with clients?

A
  • Must not be based on simulated past performance
  • Assumptions must be reasonable
  • Disclose effects of fees and comissions
  • Warn that future prediction are not a reliable indicator
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42
Q

Who do rules about Direct Offers and Invitations apply to?

Which form of client?

A

Retail clients only

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43
Q

What is a Direct Offer or Invitation?

What does this mean?

A

A financial promotion that contains a method of response for the client to invest in a product

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44
Q

What must Direct Offer or Invitation contain, to enable a client to make an informed assessment?

Provide information about what 4 factors?

A
  • The firm and its services
  • Safekeeping of client assets and money
  • Effects of any costs and charges
  • Additional information about the risk associated with types of investments (non-MiFID business)
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45
Q

What does the Distance Marketing Diretive set out?

Rules about a clients right to? How long are these period?

A

That clients have a right to cancel.
30 days for life and pension produccts
14 days everything else (general)

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46
Q

For an unwritten promotion (solicited and unsolicited), what must be identified at the start of the interaction?

3 simple notes

A
  • The caller
  • Their employer
  • The purpose of the call
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47
Q

What are the mandatory conditions for Unwritten Promotions?

That give the client time and rights to assess the promotion

A
  • Must be fair, clear and not misleading
  • Ask whether the client wishes to continue, teminate if not
  • Provide client with an appointment a contact if they wish to cancel
  • Communicate at an appropriate time of day
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48
Q

What is the definition of a Cold Call?

An unwritten promotion which i…..

A

An unwritten promotion that is not expressly requested or initiated by the client

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49
Q

When are Cold Calls permitted?

What are the conditions that need to be met? - What products does this include?

A
  • An existing client that envisages a call
  • All retail clients where the promotion relates to: Generally marketable packaged product (not a high volatility fund) and services relating to readily releasable securities other than warrants
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50
Q

In relation to information disclosure, what information must be provided to ALL CLIENTS?

6 points, try and write them down

A
  • Name and adress of firm
  • Method and language of communication
  • Name and contact details about the competent authority
  • Nature, frequency and timing of performance reports
  • If a common platform the COI policy
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51
Q

What must a client agreement set out?

To all customers (not ECs) ? The rights…..

A

Sets out the essential rights and obligations of the firm, and of the customer

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52
Q

With Regards to the Retail Distribution Review to retail clients (retail products), what must be set out?

They must be either indep…..

A

Firms making personal recommendations to retail clients, must be either independent or restricted

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53
Q

When making personal reccomendations, where can **independent ** advisers look in relation to financial products?

Which markets?

A

All markets

54
Q

When making personal reccomendations, where can restricted advisers look in relation to financial products?

A

Only the products offered by the firm

55
Q

Under the RDR, what are the options to the client about “Renumeration”?

Is commission permitted?

A
  • No commission is permitted
  • Clients can either choose to pay the adviser charge up front or have it deducted from their investment over time
56
Q

Under the RDR, what are the rules about “Renumeration”?

When must this be provided, and how?

A

Any costs or charges must be agreed in advance with the client as “early as practicable” via a durable medium or via a website.

57
Q

Under the RDR, what are the rules about “Disclosure”?

What needs to be disclosed and when?

A

Must disclose adviser status and the costs of service before:
* Providing a service
* Or the client is bound by any agreement

58
Q

Who are the Product Disclosure Rules offered to?

Which client only?

A

Retail clients

59
Q

What is the purpose of the Product Disclosure Rules?

A

To provide enough information about the nature and risks of a product to enable a retail client to make an informed decision.

60
Q

What do Key Information Documents (KIDs) relate to?

What type of products?

A

Packaged retail and insurance based investment products

61
Q

What do Key Investor Information Documents (KIIDs) relate to?

What type of products?

A
  • UCITS schemes

Extra I means ucIts

62
Q

What do Key Features Documents (KFDs) relate to?

What type of products? give one example

A

Any non-PRIIP packaged products

e.g. Pension annuities

63
Q

What do information documents consider?

What do they contain for the retail client?

A

A serious of rhetorical questions that may help a retail client understand the risk of the products

64
Q

What is meant by a “Cooling Off Period”?

A

A cancellation right period

65
Q

What is set out in the Distance Marketing Directive (DMD)?

A

Offering the client a cancellation “cooling off” period, right to change thier mind

66
Q

What are the cancelllation period for Life Policies, Pension and other products?

How many days?

A
  • Life Policies and Pension Products: 30 days
  • Other Products: 14 days
67
Q

Under the Information Disclosure, which clients do “Inducement” rules apply to?

A

All CUSTOMERS (Retail and Professional)

68
Q

What did MiFID II cause around “Inducements” rules?

To reduce the risk of what?

A
  • MiFID II strengthened inducement rules, to reduce the risk of COI
69
Q

For MiFID business, what must a firm not do to comply with the “Inducement Rules”?

Not pay…

A

Must not pay to, or accept from a person other than the customer, any fee commission or non monetary benefit

70
Q

What are the exceptions for the Inducement Rules?

2 points where the fee….

A
  • The fee is designed to enhance the quality of service provided to the customer
  • The fee does not affect the firms duty to act in the best interest of the customer
71
Q

When must a firm disclose the fees to the client?

A

Before providing any service

72
Q

What does the Prohibition of Inducements not apply to?

What does this include?

A

Non monetary benefits

Food or drink at a business meeting

73
Q

Which clients does the “Provision of Research” rules apply to?

A

All CUSTOMERS (Retail and Professional)

74
Q

The receiving firm of research can only use it if it pays for it using which 2 methods?

A
  • Direct payments by the firm using its own resources
  • Payments from a seperate research payment account controlled by the firm
75
Q

What are the 2 rules about the Research Payment Accounts?

What must it be funded with, what must it disclose? Third parties?

A
  • The fund must spefically be funded by a research charge agreed with by clients
  • The firm must close the budget as well as the charges before providing its service
    * Annual information of the costs a client has incured due to third party research
76
Q

Does the firm need to regularly assess the quality and effectiveness of the research paid for?

A

Yes

77
Q

Which clients does the Suitability Rules apply to?

A

All CUSTOMERS (Retail and Professional)

78
Q

What is the Purpose of the Suitability Rules?

For retail clients and professional clients

A

This rule requires firms to obtain sufficient information to give suitable advice to retail clients and professional clients

79
Q

What services do the Suitability Rules apply to?

There are 2

A
  • Investment management services (discretionary management)
  • Personal recommendations (investment advisory)
80
Q

What is obtained in a “Fact Find”?

The relevant what 2 types of info

A

The relevant personal and financial information

81
Q

When giving suitable advice with rergard to the information disclosed, and other facts that the firm ought resonably to be aware of, what must these do / include?

For which client PC or RC, which one for RC only?

A
  • To meet the clients investment objectives (PC and RC)
  • That the client is able to bear financial risks (elective PC and RC)
  • That the client has the neccessary knowledge and experience to understand those risks
82
Q

What must a firm do if a client refuses to provide info?

But can act in what?

A

Refuse discretionary or advisory services, but can provide execution only

83
Q

Who do Suitability Reports apply to?

A

Retail clients

84
Q

What is the Purpose of a Suitability Report?

What must it show, the last one is very important (disadva……..)

A

To show why the firm believes the recommendation is suitable and should be provided for both MiFID and non-MiFID business.

  • Specify the clients demands and needs
  • Explain why the firm believes they have met those needs
  • Any disadvantages to the client
85
Q

Who is protected by the Appropriatness Rule?

Which type of client?

A

All CUSTOMERS (Retail and Professional)

86
Q

What is the Purpose of the Appropriatness Rules and what is the scope of activities?

A

The purpose is to ensure the firm obtains sufficient evidence to asses if the product is appropriate for a customer
* Applies to MiFID business (RC and PC) and direct offers (RC)

87
Q

When are Approprianteness rules in scope for Direct Offers?

For which client?

A

Retail Client

88
Q

Can we assume professional client have sufficient knowledge to be able to bear risks in line with their objectives?

A

Yes

89
Q

When is assessing Appropriateness unnecessary?

In relation to which products?

A

For execution only products in non complex financial instruments

90
Q

In regards to Appropriateness, when are warnings provided?

2 occasions

A
  • The firm believes to investment is inappropriate
  • The client has not produced sufficient evidence for the firm to come to a conclusion
91
Q

Before acting what must a firm do in relation to appropriatness, what must they assess?

What one of the 2 cover RC only?

A
  • Whether the client is able to bear risks in relation to the products or service
  • Has the knowledge and experience to understand those risks (retail clients)
92
Q

A direct offer in a complex product is directed to a retal client, does appropriatness apply?

A

Yes

93
Q

What clients are concerned with a firms Conflicts of Interest?

A

All clients and ECPs

94
Q

What Principle relates to Conflicts of Interest?

A

Principle 8

95
Q

What should Conflicts of Interest Disclosure be seen as?

A last

A

A last resort

96
Q

Should a firm have systems and controls in place in relation to COI?

Under what?

A

Yes under SYSC

97
Q

How should a firm prepare, maintain and implement a conflicts policy?

There are 4 points, write them down

A
  • In writing
  • Identifies relevant conflicts relevant to the firms operations
  • Specifies procedures to manage conflicts
  • Provides retail clients and potential retail clients with a description of the policy
98
Q

What are Chinese Walls?

Who are the implemented for? are they mandatory?

A

Internal arrangement to restrict the flow of confidential information

For all clients and they are not mandatory

99
Q

An FCA firm must not knowingly must not deal on its own accounts, until the client for whom the info publication for has had a reasonable time to react, UNLESS

2 points

A
  • Market maker acting in the normal course of business
  • Unsolicited client orders
100
Q

What is the Purpose of the Personal Account Dealing Rules, and who does it apply to?

A

Arrangements to prevent inappropriate dealings which are:
* Prohibited under MAR
* Involve misuse or disclosure of client confidential information
* Conflicts with the firms obligations to the clients

All clients

101
Q

What is front running?

A

Buying up the shares in a company they are just about to publish information on

102
Q

Where do the rules on PAD not apply?

Which personal transactions?

A
  • Trades in funds that are independently managed
  • Shares in certain funds e.g. CIS
  • Life policies
103
Q

Who does Transaction Confirmation Apply to?

Which type of client?

A

All clients

104
Q

What are the Requirements to confirm a Transaction?

It must be on what and when?

A

In a durable medium and no later than the next business day

105
Q

Who does Periodic Statements Apply to?

Which type of client?

A

All clients

106
Q

What is the General Frequency for Periodic Statements?

What can a client request?

A

Prepared every 3 months

(Clients can request annually)

107
Q

What is the Frequency for Periodic Statments regarding derivatives?

A

Monthly

108
Q

What does a Periodic Statement Include?

What info about a client portfolio? In and out?

A
  • Value and composition
  • Total fees and charges
  • Total dividends and interest
109
Q

When would a client be issued a “Depreciation Notice”?

A

10% fall in value

110
Q

What are the “Execution Factors” considered when establishing an execution policy?

4 main ones

A

Price, cost, speed, liklehood of execution and any other considerations

111
Q

Which clients are subject to “Best execution”

What type of client?

A

All customers, professional and retail

112
Q

What are Criteria that can impact best execution?

A
  • Client categorisation
  • Type of order
  • Type of instrument being traded
  • Characteristics of execution venue
113
Q

Which clients are subject to an “Order execution policy”?

What type of client?

A

All customers, professional and retail

114
Q

When should an order execution policy be provided to a client?

Before or after?

A

Before providing services

115
Q

What “perscribed information” would be provided for retail clients in relation to an order execution policy?

There are 2

A
  • A list of execution venues
  • Factors that will affect the firms choice of venue
116
Q

How often is an order execution policy reviewed?

A

Annually

117
Q

What is meant when acting upon “specific client instructions”?

What is said to be acheived?

A

The best possible result

118
Q

For client order handling, in general orders should be…..

Promptly……. and carried…….

A
  • Promptly recorded and allocated
  • Carried out sequentially
119
Q

What are exceptions for order handling that require one to notify a RETAIL CLIENT?

What reasons would cause and order to not be promprly recorded and allocated?

A
  • Interests of the client
  • Material difficulty
120
Q

When is aggregation of client orders permitted?……..

2 points, both include the word disadavantage AND THERE IS A?

A
  • If its unlikley to operate at the disadvantage to the clients
  • Disclose (oral or written) that it may operate on some ocassions to the disadvantage of the client

An order allocation policy in place

121
Q

What are reasons why a client limit order that has not been filled, should not be made public immediatley?

2 reasons

A
  • The client has specified it doesnt want this approach
  • The client order is greater than normal market size
122
Q

What is CASS 6 and what type of business does it apply to?

A

CASS 6 - Custody rules

Applies to both MiFID and non-MiFID business

123
Q

What is CASS 7 and what type of business does it apply to?

A

CASS 7 - Client Money Rules

Applies to MiFID business but are opt in rules for non MiFID business

124
Q

When client assets are held by a firm, where can client money be held?

A

in an approved bank

125
Q

How often should reconcilliation of client assets be carried out?

A

As often as necessary

126
Q

For client money held by the firm, what is the latest shortfalls be corrected?

By the end of which day?

A

By the end of that business day

127
Q

How quickly should shortfalls be adressed and fixed in relation to CASS?

A

As quickly as possible

128
Q

What should a firm do if they are unable to reconcile client assets?

Contact who?

A

The FCA

129
Q

What are exemptions Client Assets?

3 for Who (type of firm) and 3 for What (type of asset)

A

Who
* ICVCs and UCITS
* Incoming EEA firms (other than insurers)
* BCD credit institution

What
* Coins held for the value of the metal
* Money held in DvP
* Money due and payble to the firm

130
Q

Under the “Enhancing CASS regime” what are the Key Points around the CASS audit?

Required who often?, Who for?, Who sets the standards?, What if something is wrong?

A
  • Required annually and submitted to the FCA within 4 months of the audit
  • Client asset assurance standpoint
  • Firm to explain any breach identified
131
Q

What is a CASS resolution pack?

Who must the be availible to and when?

A

Specific docuement and information relating to client money and assets

Must be availible to the regulator on request

132
Q
A

CISI: UK Regulation 2.0 (5 decks)

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