UK Statutory Instrument SI 2005 United Kingdom

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

(This note does not form part of the Order)

Enforced by
FCA
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 1 of 8 obligations carry an unlimited fine. 7 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person6 Director or Officer2

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Any Person — also bound by 2340 other Acts
Director or Officer — also bound by 429 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Citation, Commencement and Interpretation

0 of 3 sections shown
3 other sections in this Part — procedural and definitional
s.art001 Citation and commencement
s.art003 Interpretation: unlisted companies
Part 2

Controlled Activities and Controlled Investments

0 of 1 section shown
Part 3

Exemptions: Interpretation and Application

1 of 8 sections shown
s.009 Degree of prominence to be given to required indications (opens in a new tab) Prosecution
  • Ensure required financial promotion information is prominent and clearAny Person

Unlimited fine

7 other sections in this Part — procedural and definitional
s.art006 Interpretation: communications
s.interpretation: outgoing electronic commerce commu Interpretation: outgoing electronic commerce communications
Part 4

Exempt Communications: All Controlled Activities

0 of 14 sections shown
14 other sections in this Part — procedural and definitional
s.communications caused to be made or directed by un Communications caused to be made or directed by unauthorised persons
s.communications required by the priips regulation: Communications required by the PRIIPs regulation: key information document
s.electronic commerce communications: mere conduits, Electronic commerce communications: mere conduits, caching and hosting
s.incoming electronic commerce communications Incoming electronic commerce communications
s.promotion broadcast by company director etc. Promotion broadcast by company director etc.
Part 5

Exempt Communications: Deposits and Insurance

0 of 6 sections shown
Part 6

EXEMPT COMMUNICATIONS: CONTROLLED CLAIMS MANAGEMENT ACTIVITIES

0 of 10 sections shown
10 other sections in this Part — procedural and definitional
s.application of exemptions in this part Application of exemptions in this Part
s.communications made by a charity or not-for-profit Communications made by a charity or not-for-profit agency
s.communications made by a medical defence union Communications made by a medical defence union
s.communications made by an independent trade union Communications made by an independent trade union
s.communications made by an insurance intermediary Communications made by an insurance intermediary
s.communications made by a person appointed by a sta Communications made by a person appointed by a statutory or other public body
s.communications made by a students’ union Communications made by a students’ union
s.communications made by certain providers of referr Communications made by certain providers of referrals
s.communications made by legal professionals Communications made by legal professionals
s.communications made by the motor insurers’ bureau Communications made by the Motor Insurers’ Bureau
Part 6

Exempt Communications: Certain Controlled Activities

0 of 61 sections shown
61 other sections in this Part — procedural and definitional
s.art072 Insurance product offers communicated to employees by employers
s.art072 Staff mortgage offers communicated to employees by employers
s.berne financial services agreement suppliers Berne Financial Services Agreement suppliers
s.certain promotions of qualifying cryptoassets Certain promotions of qualifying cryptoassets
s.credit agreements offered to employees by employer Credit agreements offered to employees by employers
s.insolvency practitioners Insolvency practitioners
s.insurance product offers communicated to employees Insurance product offers communicated to employees by third parties
s.non-real time communication by members of professi Non-real time communication by members of professions
s.one off unsolicited real time communications One off unsolicited real time communications
s.pension product offers communicated to employees b Pension product offers communicated to employees by third parties
s.promotions of credit etc. for business purposes Promotions of credit etc. for business purposes
s.real time communications: introductions ... Real time communications: introductions ...
s.self-certified sophisticated investors Self-certified sophisticated investors
s.staff mortgage offers communicated to employees by Staff mortgage offers communicated to employees by third parties
Part 7

REVOCATIONS

0 of 1 section shown
1 other section in this Part — procedural and definitional
Schedules

Schedules

7 of 122 shown
s.sch004 The terms of the offer must be recommended by all... Regulated
  • Ensure offer terms are recommended by all independent directorsAny Person
s.sch004 (1) This paragraph applies to an offer for debentures or... Regulated
  • Make a mandatory offer for remaining equity shares when holding 50% or less voting rightsAny Person
s.sch004 An indication that each of the following— Regulated
  • Include responsibility statement in securities offer documentsDirector or Officer
s.sch004 (1) This paragraph applies to an offer for shares comprised... Regulated
  • Include condition to acquire majority voting rights in share offerAny Person
s.sch004 An indication whether or not the offeror has reason to... Regulated
  • Disclose material financial changes in promotionsAny Person
s.sch004 In the case of an offeror which is required to... Regulated
  • Include audited accounts in financial promotion documentsDirector or Officer
s.sch004 The acquisition of the shares or debentures to which the... Regulated
  • Do not condition share/debenture acquisition on director payment consentAny Person
115 other schedules
s.sch001 Accepting deposits
s.sch001 Providing qualifying credit
s.sch001 Arranging qualifying credit etc.
s.sch001 Advising on qualifying credit etc.
s.sch001 Providing relevant consumer credit
s.sch001 Advising on certain relevant consumer credit relating to land
s.sch001 Providing consumer hire
s.sch001 Providing a regulated home reversion plan
s.sch001 Arranging a regulated home reversion plan
s.sch001 Advising on a regulated home reversion plan
s.sch001 Providing a regulated home purchase plan
s.sch001 Arranging a regulated home purchase plan
s.sch001 Advising on a regulated home purchase plan
s.sch001 Providing a regulated sale and rent back agreement
s.sch001 Arranging a regulated sale and rent back agreement
s.sch001 Advising on a regulated sale and rent back agreement
s.sch001 Agreeing to carry on specified kinds of activity
s.sch001 (1) A claims management activity carried out in Great Britain...
s.sch001 A deposit.
s.sch001 Rights under a contract of insurance.
s.sch001 (1) Shares or stock in the share capital of—
s.sch001 Instruments creating or acknowledging indebtedness
s.sch001 Alternative finance investment bonds
s.sch001 Government and public securities
s.sch001 Instruments giving entitlements to investments
s.sch001 Certificates representing certain securities
s.sch001 Units in a collective investment scheme
s.sch001 Effecting or carrying out contracts of insurance
s.sch001 Rights under a pension scheme
s.sch001 Options
s.sch001 Futures
s.sch001 Contracts for differences etc.
s.sch001 Emission allowances
s.sch001 Lloyd's syndicate capacity and syndicate membership
s.sch001 Funeral plan contracts
s.sch001 Agreements for qualifying credit
s.sch001 Regulated home reversion plans
s.sch001 Regulated home purchase plans
s.sch001 Regulated sale and rent back agreement
s.sch001 Relevant credit agreements
s.sch001 Consumer hire agreements
s.sch001 Qualifying cryptoassets
s.sch001 Rights to or interests in investments
s.sch001 Interpretation
s.sch001 Dealing in securities , qualifying cryptoassets and contractually based investments
s.sch001 Arranging deals in investments
s.sch001 Operating a multilateral trading facility
s.sch001 Operating an organised trading facility
s.sch001 Credit broking
s.sch001 Operating an electronic system in relation to lending
s.sch001 Managing investments
s.sch001 Debt adjusting
s.sch001 Debt-counselling
s.sch001 Safeguarding and administering investments
s.sch001 Advising on investments
s.sch001 Safeguarding of qualifying cryptoassets and relevant specified investment cryptoassets
s.sch001 Operating a qualifying cryptoasset trading platform
s.sch001 Qualifying cryptoasset staking
s.sch001 Advising on syndicate participation at Lloyd's
s.sch001 Providing funeral plan contracts
s.sch002 The Bailiwick of Guernsey.
s.sch002 The Isle of Man.
s.sch002 The Commonwealth of Pennsylvania.
s.sch002 The State of Iowa.
s.sch002 The Bailiwick of Jersey.
s.sch004 An indication that, except insofar as the offer may be...
s.sch004 An indication of the date on which the invitation or...
s.sch004 An indication that the acquisition of the shares or debentures...
s.sch004 An indication of the place where additional material listed in...
s.sch004 The audited accounts of the company in respect of the...
s.sch004 Advice to the directors of the company on the financial...
s.sch004 An indication by the directors of the company, acting as...
s.sch004 An indication of any material interest which any director has...
s.sch004 An indication as to whether or not each director intends...
s.sch004 In the case of an offeror which is a body...
s.sch004 If the offeror is making the offer on behalf of...
s.sch004 The particulars of— (a) all shares in or debentures of...
s.sch004 An indication as to whether or not the offer is...
s.sch004 Where the offer is conditional upon acceptances, an indication of...
s.sch004 If the offer is, or has become, unconditional an indication...
s.sch004 An indication as to whether or not, if circumstances arise...
s.sch004 If shares or debentures are to be acquired for cash,...
s.sch004 (1) Subject to sub-paragraph (2), if the consideration or any...
s.sch004 Particulars of the first dividend in which any such shares...
s.sch004 An indication of the effect of the acceptance on the...
s.sch004 Particulars of all material contracts (not being contracts which were...
s.sch004 Particulars of the terms on which shares in or debentures...
s.sch004 An indication as to whether or not it is proposed,...
s.sch004 An indication as to whether or not there exists any...
s.sch004 An indication as to whether or not there is any...
s.sch004 Particulars of any dealings— (a) in the shares in or...
s.sch004 In a case in which the offeror is a body...
s.sch004 Where valuations of assets are given in connection with the...
s.sch004 (1) Subject to sub-paragraph (2), the offer must be open...
s.sch004 If any profit forecast is given in connection with the...
s.sch004 The memorandum and articles of association of the company.
s.sch004 If the offeror is a body corporate, the memorandum and...
s.sch004 In the case of a company that does not fall...
s.sch004 In the case of a company or an offeror—
s.sch004 All existing contracts of service entered into for a period...
s.sch004 Any report, letter, valuation or other document any part of...
s.sch004 If the offer document contains any statement purporting to have...
s.sch004 All material contracts (if any) of the company and of...
s.sch004 The consideration for the shares or debentures must be—
s.sch004 An indication of the identity of the offeror and, if...
s.sch004 An indication of the fact that the terms of the...
s.sch004 An indication to the effect that any person who is...
s.sch005 The statement to be completed and signed for the purposes...
s.sch005 The statement to be completed and signed for the purposes...
s.schedule/3/part/iii/paragraph/wrapper3n2 America Stock Exchange. Australian Stock Exchange. Basler Effektenbourse. Boston Stock...
s.schedule/3/part/i/paragraph/wrapper1n2 The criteria are— (a) the head office of the market...
s.schedule/3/part/iv/paragraph/wrapper4n2 American Commodity Exchange. Australian Financial Futures Market. Chicago Board of...

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