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Application provision

6.1 This Chapter:

  1. (1) subject to (2), applies to every firm and with respect to every regulated activity, in any communication:
    1. (a) made to:
      1. (i) (in relation to a non-investment insurance contract) a consumer;
      2. (ii) (in relation to a home finance transaction) a customer; or
      3. (iii) (in all other cases) a retail client; and
    2. (b) in connection with a regulated activity carried on from an establishment of the firm (or its appointed representative) that is not in the UK;
  2. (2) does not apply to:
    1. (a) an incoming ECA provider when the firm is acting as such;
    2. (b) an incoming EEA firm which has permission only for cross border services and which does not carry on regulated activities in the UK;
    3. (c) an incoming firm not falling under (a) or (b), to the extent that the firm is subject to equivalent rules imposed by its home Member State;
    4. (d) MiFID or equivalent third country business.

6.1

02/04/2015

This Chapter:

  1. (1) subject to (2), applies to every firm and with respect to every regulated activity, in any communication:
    1. (a) made to:
      1. (i) (in relation to a non-investment insurance contract) a consumer;
      2. (ii) (in relation to a home finance transaction) a customer; or
      3. (iii) (in all other cases) a retail client; and
    2. (b) in connection with a regulated activity carried on from an establishment of the firm (or its appointed representative) that is not in the UK;
  2. (2) does not apply to:
    1. (a) an incoming ECA provider when the firm is acting as such;
    2. (b) an incoming EEA firm which has permission only for cross border services and which does not carry on regulated activities in the UK;
    3. (c) an incoming firm not falling under (a) or (b), to the extent that the firm is subject to equivalent rules imposed by its home Member State;
    4. (d) MiFID or equivalent third country business.

6.2

02/04/2015

If the firm indicates that it is a PRA-authorised person it must also, where relevant, and with equal prominence, indicate in writing that in some or all respects the regulatory system applying will be different from that of the UK. The firm may also indicate the protections and complaints or compensation arrangements available under another relevant system of regulation.

6.3

02/04/2015

A firm need not provide the information required by 6.2 if it has already provided it in writing to the customer to whom the communication is made.