Conduct of business and client asset rules Flashcards
COBS is in which block f the FCA handbook
Block 3
COBS is for what type of business
designated investment business + long-term insurance business in relation to home finance + accepting deposits
what is the clients best interest rule under COBS
acting honestly, fairly and professionally
what can a retail client be elected to
electIve proffessional client
subtypes of PER SE professional clients
authorised/regulated firms + government + central bank + supranational + large undertaking + other institutional investors
PER SE eligible counterparties
authorised/regulated firms + government + central bank + supranational
Elective eligible counterparties
large undertaking
clients include :
retail client, professional client, eligible counterparty
customers are:
retail client and professional client
large undertaking can be a …. and/or …..
mifid business + non-mifid business
a large undertaking conducting mifid business need to :
balance sheet of 20mill euro + net turnover of 40mill euro + own funds 2mill euro
a large undertaking conducting non-mifid business need to :
balance sheet of 12.5mill euro + net turnoover of 25mill euro + avg number of employees 250
RC to be elected to PC must do….
qualitative + quantitave test if mifid and qualitative if non-mifid business
quantitative test fir mifid business involves meeting 2/3 points
average trade frequency of 10 per quarter over previous four quarters + portfolio >500kEURO + worked in sector >= 1yr
eligible counterparty business
dealing on own account ,executing behalf of client , transmitting orders behalf of clients
what does S21 FSMA 2000 state
financial promotions cannot be communicated unless the content is approved by an authorised person or the communication is exempt under financial promotions order
what does FPO S21 FSMA 2000 state
communications are exempt if related to controlled activities, deposits, insurance and specific controlled activities
breach of S21 FSMA 2000 (FINANCIAL PROMOTION RESTRICTION)
penalty of two years and/or unlimited fine
COBS: General rule, territorial scope and types of communication
general rule: fair, clear and not misleading commnuication
territorial scope: rule to communications do not apply outside UK
types of communication: written and non-written
when commnucating with clients past performance should … amongst other things
cover at least five years
dirrect offer protomotions must contain relevant info
all designated investment business, non-mifid, additional info supporting the risk
permitted cold calls
existing client saying ok, retail clients where promotions relates to packaged products and/or services for readily realisable securities NOT warrants
packaged products are
life policy, regulated CIS, investment trust savings scheme, stakeholder pension, personal pension
Product governance requirements under MiFID II
target market analysis, stress testing scenario analysis, information sharing and disclosure, proportionality
Product governance requirements and SYSC ensure
high standards of corporate governance
key information documents (KIDs) for PRIIP
retail clients and a max of 3 A4 sides