UK Statutory Instrument 2005 United Kingdom

Financial Services and Markets Act 2000 (Financial Promotion) Order 2005

What this means for your business

1 obligations
1 penalties
1 guides
Enforced by
FCA, PRA
Applies to
United Kingdom
On this page
1 compliance obligation, 1 practical guide
Read full text on legislation.gov.uk

What you must do

1 compliance obligation under this legislation.

Management duties 1

Make required statements clearly prominent in financial communications

Unlimited fine

Whenever you send a financial promotion that must include a required warning or disclaimer, you must display that information so the recipient can easily understand it and notice it. The wording should be clear and the placement should draw the reader’s attention, whatever medium you use (email, website, brochure, etc.). This helps ensure customers see the important information before they decide.

Trader/Business s.9 FCA When you send a financial promotion that is required to carry a …

Penalties for non-compliance

1 penalty under this legislation. 1 carry an unlimited fine.

Unlimited fine

Make required statements clearly prominent in financial communications

Unlimited fine

s.9 Penalises: Make required statements clearly prominent in financial communications

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

102 classified provisions from this legislation.

Duties 1

  • s.9 Degree of prominence to be given to required indications

Definitions 10

  • s.2 Interpretation: general the 2006 Act the Act deposit
  • Schedule 3 MARKETS AND EXCHANGES
  • s.5 Interpretation: financial promotion restriction
  • s.7 Interpretation: real time communications
  • s.8 Interpretation: solicited and unsolicited real time communications
  • s.21 Interpretation: relevant insurance activity relevant insurance activity
  • s.27 Application of exemptions in this Part
  • s.63 Takeovers of relevant unlisted companies: interpretation
  • Application of exemptions in this Part Application of exemptions in this Part
  • Interpretation: outgoing electronic commerce commu Interpretation: outgoing electronic commerce communications

Exemptions 85

  • s.10 Application to qualifying contracts of insurance
  • s.11 Combination of different exemptions
  • s.12 Communications to overseas recipients
  • s.13 Communications from customers and potential customers
  • s.14 Follow up non-real time communications and solicited real time communications
  • s.15 Introductions
  • s.16 Exempt persons
  • s.17 Generic promotions
  • s.18 Mere conduits
  • s.19 Investment professionals
  • s.20 Communications by journalists
  • s.22 Deposits: non-real time communications
  • s.23 Deposits: real time communications
  • s.24 Relevant insurance activity: non-real time communications
  • s.25 Relevant insurance activity: non-real time communications: reinsurance and large risks
  • s.26 Relevant insurance activity: real time communication
  • s.28 One off non-real time communications and solicited real time communications
  • s.29 Communications required or authorised by enactments
  • s.30 Overseas communicators: solicited real time communications
  • s.31 Overseas communicators: non-real time communications to previously overseas customers
  • ... and 65 more exemptions