dChan
Anonymous ID: 21b445 Jan. 16, 2019, 5:18 a.m. No.4776598   🗄️.is 🔗kun

>>4776579

This anon pretty much killed it

Reposting since there are maybe some anons just coming

https://www.out-law.com/en/articles/2014/october/fca-guidance-on-the-regulation-of-advice-and-personal-recommendations/

 

Generic advice does not constitute investment advice as defined in article 53 of the RAO but product related advice and personal recommendations do. The difference is between a generic statement, such as 'buy technology shares', which is not a regulated activity and advice on a particular investment, such as 'buy ABC PLC shares', which is a regulated activity. This is the case whether the advice is express or in writing or through a software programme into which an investor has input data where the system generates advice.

For the advice to be regulated it must involve an element of opinion or judgement on the part of the adviser. Regulated advice involves recommending a course of action or making a judgement on the merits of exercising a right, such as to buy or sell. Generally speaking, giving someone information and nothing more is not a regulated activity. Giving facts about the performance of investments or the price of investments does not constitute regulated advice if the investor is left to exercise his own opinion on the action to take.

The circumstances in which the advice is provided can make it a regulated activity. Presenting advice in a selective manner so that it influences or persuades an investor may amount to a regulated activity. So a decision tree will not generally be regarded as providing regulated advice but may do so if it has been designed to lead an investor to a particular investment or service.

Any information which seeks to influence or persuade an investor to buy or sell an investment may also amount to a financial promotion.

The advice must also be given to an investor or the agent of an investor, so advice given to an independent financial advisor (IFA) or tax adviser would not be a regulated activity on the basis that the IFA or tax adviser would not be an investor. But advice given to, for example, an asset manager would constitute advice to the extent that the asset manager is an agent of the investor.