COB 8

Reporting
to customers

COB 8.1

Confirmation of transactions

Application

COB 8.1.1

See Notes

handbook-rule
This section applies to a firm when it executes a sale or purchase of a designated investment with or for a customer.

Purpose

COB 8.1.2

See Notes

handbook-guidance
Principle 7 (Communications with clients) requires a firm to pay due regard to the information needs of its customers. The provisions in COB 8.1 are designed to ensure that customers are promptly advised of the essential details of a transaction. Firms are obliged to despatch these details, except in certain circumstances when they are supplied by someone else, or at a later date, or if the customer waives the right to receive the information.

Requirement to confirm a transaction

COB 8.1.3

See Notes

handbook-rule
  1. (1) A firm must, subject to COB 8.1.6 R, despatch to the customer a written confirmation recording the essential details of the transaction, and must do so promptly.
  2. (2) For the purposes of (1), a firm may despatch a confirmation to an agent, other than the firm or an associate of the firm, nominated by the customer in writing.

COB 8.1.4

See Notes

handbook-guidance
  1. (1) Regarding the electronic provision of a confirmation, see COB 1.8 (Application to electronic media).
  2. (2) A firm may comply with COB 8.1.3 R (1) by posting a confirmation on its website, provided that the confirmation is only accessible to the party that placed the order. If the firm does this for a private customer, it should regularly review the website to ensure that the customer has reviewed his confirmations. If the private customer has not accessed his confirmation within five days of it being posted on the website, the firm should send the confirmation to him either in hard copy or electronically.

Essential details and prompt despatch

COB 8.1.5

See Notes

handbook-evidential-provisions
  1. (1) A firm should provide the following essential details of a transaction, to the extent they are relevant:
    1. (a) the information specified in:
      1. (i) COB 8.1.15 E for all transactions;
      2. (ii) COB 8.1.16 E in particular circumstances;
      3. (iii) COB 8.1.17 E for transactions in units in a regulated collective investment scheme;
      4. (iv) COB 8.1.18 E for transactions in derivatives;
      5. (v) COB 8.1.19 E upon the exercise of an option; or
    2. (b) such information as the customer has agreed with the firm (in the case of a private customer, agreed in writing with his informed consent), or is in accordance with the custom of a non-UK market in which the transaction was arranged; or
    3. (c) a copy of a confirmation received by the firm from a third party together with any other information provided by the firm which, when taken together, satisfies (1)(a).
  2. (2) To despatch a confirmation promptly, a firm should:
    1. (a) despatch it no later than the business day following the day the transaction was executed (as specified in COB 8.1.12 R) or within any period agreed with the customer (in the case of a private customer, agreed in writing with his informed consent); or
    2. (b) despatch a copy of a confirmation received from a third party together with additional information, if any, to the customer as soon as practicable, but in any event no later than the business day following receipt; or
    3. (c) when the firm has issued or redeemed units in a regulated collective investment scheme, despatch it at the latest on the business day following the day the issue or redemption price was determined, unless (b) applies; or
    4. (d) when a firm executes a transaction in:
      1. (i) an OTC derivative; or
      2. (ii) stock lending or borrowing; or
      3. (iii) a repo; or
      4. (iv) rights to or interests in OTC derivatives;
    5. despatch a confirmation as soon as practicable in accordance with proper standards of market practice for the investment concerned.
  3. (3) Compliance with (1) and (2) may be relied upon as tending to establish compliance with COB 8.1.3 R.
  4. (4) Contravention of (1) or (2) may be relied upon as tending to establish contravention of COB 8.1.3 R.

Exceptions to the requirement to despatch a confirmation

COB 8.1.6

See Notes

handbook-rule

A firm need not despatch a confirmation when:

  1. (1) the designated investment is a life policy or a personal pension contract; or
  2. (1A) the designated investment is held within a CTF and the annual statement provided under the CTF Regulations includes the information that would have been contained in a confirmation despatched in accordance with COB 8.1.3 relating to the transactions executed during the relevant period (but information which has since become irrelevant may be excluded); or
  3. (2) an arrangement is in place for the customer to make a series of payments for the purchase of units in a regulated collective investment scheme or of shares in an investment trust (including one-off payments made in addition to those in the series); or
  4. (3) the firm has agreed with the customer (or, in the case of a private customer, agreed in writing with his informed consent) that confirmations need not be supplied, either generally or in specified circumstances (but see COB 8.1.7 R and COB 8.1.8 R); or
  5. (4) the firm is acting as an investment manager, or as an ISA manager or plan manager, and:
    1. (a) the designated investment is not a contingent liability investment;
    2. (b) the firm has taken reasonable steps to determine that the customer does not wish to receive confirmations, either generally or in specified circumstances; and
    3. (c) the firm complies with COB 8.1.7 R or COB 8.1.8 R; or
  6. (5) it would duplicate a confirmation containing the essential details of the transaction (other than those that are firm-specific) which is to be promptly despatched by someone else.

COB 8.1.7

See Notes

handbook-rule
A firm which is not an OPS firm referred to in COB 8.1.8 R may rely upon the exceptions in COB 8.1.6 R (3) or COB 8.1.6 R (4) only if any periodic statement which the firm provides to the customer in accordance with COB 8.2 ( Periodic Statement) (and subject to the exceptions in COB 8.2.6 R) contains the information that would have been contained in a confirmation despatched in accordance with COB 8.1.3 R (other than information which has since become irrelevant) relating to the transactions executed during the relevant period.

COB 8.1.8

See Notes

handbook-rule
An OPS firm conducting OPS activity for an OPS trustee which is an intermediate customer of the OPS firm, and is habitually resident in the United Kingdom, may rely upon the exceptions in COB 8.1.6 (3) or COB 8.1.6 R (4) only if it provides a periodic statement containing the information required by COB 8.2.10.

COB 8.1.9

See Notes

handbook-guidance
The request in COB 8.1.6 R (3) includes a general request as well as a request made on any specific occasion.

COB 8.1.10

See Notes

handbook-guidance
If the firm executes a series of transactions, or aggregates orders, it should modify the information to be provided as necessary, to ensure that the confirmation is clear, fair and not misleading, as required by COB 2.1.3 R.

When a confirmation may omit certain information

COB 8.1.11

See Notes

handbook-rule

If:

  1. (1) anyone fails to supply information which the firm requires for inclusion in a confirmation; or
  2. (2) the transaction involves a conversion of one currency into another and that conversion has not been made by the firm;

the firm may omit this information from the confirmation, provided the fact of its omission is stated with an indication that it is to be supplied later (or that it cannot be supplied at all if that is the case). The relevant information must then be supplied to the customer promptly after receipt.

When a transaction is treated as executed

COB 8.1.12

See Notes

handbook-rule
  1. (1) When a firm executes a transaction outside normal market hours, the transaction must be treated as executed on the following business day.
  2. (2) When a firm executes a series of transactions, all the transactions may be treated as executed at the time of the last transaction so long as a record of the time that each individual transaction was executed is made, for example, by means of a time stamp.
  3. (3) When a firm aggregates and then subsequently allocates a customer order with an own account order or with another customer order, the transaction must be treated as executed at the time of allocation under COB 7.7.5 R (Requirement for timely allocation).

COB 8.1.13

See Notes

handbook-guidance
Any right of the customer to cancel the designated investment does not affect the time when the transaction is treated as executed.

Record keeping requirements

COB 8.1.14

See Notes

handbook-rule
A firm must make a copy of the confirmation information despatched to a customer under COB 8.1.3 R and retain it for three years from the date of despatch.

COB 8.1.15

See Notes

handbook-evidential-provisions

Content of a confirmation of transaction - general requirements

This table belongs to COB 8.1.5 E

COB 8.1.16

See Notes

handbook-evidential-provisions

Content of a confirmation of transaction - additional content in particular circumstances

This table belongs to COB 8.1.5 E

COB 8.1.17

See Notes

handbook-evidential-provisions

Content of a confirmation of a transaction - additional content relating to transactions in units in a regulated collective investment scheme

This table belongs to COB 8.1.5 E

COB 8.1.18

See Notes

handbook-evidential-provisions

Content of a confirmation of a transaction - additional content relating to transactions in derivatives

This table belongs to COB 8.1.5 E

COB 8.1.19

See Notes

handbook-evidential-provisions

Content of a confirmation of transaction - additional content on exercise of an option

This table belongs to COB 8.1.5 E

COB 8.2

Periodic statements

Application

COB 8.2.1

See Notes

handbook-rule

This section applies to a firm when it:

  1. (1) acts as an investment manager, or administers any other account or portfolio which includes designated investments, for a customer; or
  2. (2) operates a customer's account containing uncovered open positions in a contingent liability investment.
  3. (3)
    1. (a) sells a structured capital-at-risk product to a private customer; or
    2. (b) advises a private customer on a structured capital-at-risk product; or
    3. (c) communicates or approves a financial promotion relating to a structured capital-at-risk product to a person who is a private customer; or
    4. (d) manages the relevant assets of the issuer of a structured capital-at-risk product.

COB 8.2.2

See Notes

handbook-guidance

Examples of uncovered open positions include:

  1. (1) selling a call option on an investment not held in the portfolio;
  2. (2) unsettled sales of call options on currency in amounts greater than the portfolio's holding of that currency in cash or in readily realisable securities denominated in that currency; and
  3. (3) transactions having the effect of "selling" an index to an amount greater than the portfolio's holdings of designated investments included in that index.

Purpose

COB 8.2.3

See Notes

handbook-guidance
Principle 7 (Communications with clients) requires a firm to pay due regard to the information needs of its customers. A firm should therefore supply the customer with a regular statement, on a timely basis, providing information on the customer's investment portfolio.

Requirement for a periodic statement

COB 8.2.4

See Notes

handbook-rule
  1. (1) A firm to which COB 8.2.1 R or (2)(2) applies must, promptly and at suitable intervals, provide the customer with a written statement containing adequate information on the value and composition of the customer's account or portfolio with the firm, as at the end of the period covered by the statement, unless COB 8.2.6 R applies.
  2. (2) A firm must not carry out any activity in COB 8.2.1 R (3) unless it:
    1. (a) provides; or
    2. (b) takes reasonable steps to ensure that there are arrangements for providing;
  3. promptly, and at suitable intervals, investors in a structured capital-at-risk product with a written statement containing adequate information on the value and composition of the investor's structured capital-at-risk product, as at the end of the period covered by the statement.
  4. (3) A firm need not comply with (2) if COB 8.2.6 R (Exceptions from the requirement to provide a periodic statement) applies.

COB 8.2.5

See Notes

handbook-guidance
For periodic statements provided electronically, firms are referred to the guidance in COB 1.8 (Application to electronic media).

Exceptions from the requirement to provide a periodic statement

COB 8.2.6

See Notes

handbook-rule

A firm need not:

  1. (1) provide a periodic statement:
    1. (a) to a private customer habitually resident outside the United Kingdom;
    2. (b) to an intermediate customer, if the firm is not an OPS firm;
    3. (c) to an intermediate customer habitually resident outside the United Kingdom, if the firm is an OPS firm;
  2. if the customer concerned has so requested or the firm has taken reasonable steps to establish that he does not wish to receive it; or
  3. (2) provide a periodic statement if it would duplicate a statement to be provided by someone else; or
  4. (3) provide a periodic statement in respect of a CTF if the annual statement provided under the CTF Regulations contains the information that would be required to comply with COB 8.2.4 R.

COB 8.2.6A

See Notes

handbook-guidance
If COB 8.2.6 R (3) applies, COB 8.2.10 E provides an indication of how the requirement in COB 8.2.4 R may be satisfied. Further guidance that is relevant if the CTF includes a discretionary managed portfolio or a structured capital-at-risk product is contained in COB 8.2.12 E and COB 8.2.17 E.

Promptness, suitable intervals and adequate information

COB 8.2.7

See Notes

handbook-evidential-provisions
  1. (1) In order to comply with COB 8.2.4 R, a firm, other than an OPS firm conducting OPS activity, should take the steps set out in COB 8.2.10 E.
  2. (2) Compliance with (1) may be relied on as tending to establish compliance with COB 8.2.4 R.
  3. (3) Contravention of (1) may be relied on as tending to establish contravention of COB 8.2.4 R.

OPS firms

COB 8.2.8

See Notes

handbook-evidential-provisions
  1. (1) In order to comply with COB 8.2.4 R, an OPS firm conducting OPS activity should:
    1. (a) comply with COB 8.2.10 E (1) and (2)and COB 8.2.15 E in all circumstances;
    2. (b) comply with COB 8.2.10 E and (b) if the customer is a private customer; and
    3. (c) comply with COB 8.2.10 E if the customer is an intermediate customer and the firm relies on the exception in COB 8.1.6 R (3) or COB 8.1.6 R (4) from the requirement to provide confirmations.
  2. (2) Compliance with (1)(a) and, where applicable, (b) and (c) may be relied on as tending to establish compliance with COB 8.2.4 R.
  3. (3) Contravention of (1)(a) or, where applicable, (b) or (c) may be relied on as tending to establish contravention of COB 8.2.4 R.

Record keeping requirements

COB 8.2.9

See Notes

handbook-rule
A firm must make a copy of any periodic statement, and retain it for three years from the date on which it was provided.

COB 8.2.10

See Notes

handbook-evidential-provisions

Periodic statements - timing and content

This table belongs to COB 8.2.7 E

COB 8.2.11

See Notes

handbook-evidential-provisions

Periodic statements - general information

This table belongs to COB 8.2.10 E

COB 8.2.12

See Notes

handbook-evidential-provisions

Periodic statements - additional information required for a discretionary managed portfolio

This table belongs to COB 8.2.10 E

COB 8.2.13

See Notes

handbook-evidential-provisions

Periodic statements - additional information required for a contingent liability investment

This table belongs to COB 8.2.10 E

COB 8.2.14

See Notes

handbook-evidential-provisions

Periodic statements - additional information required for a broker fund

This table belongs to COB 8.2.10 E

COB 8.2.15

See Notes

handbook-evidential-provisions

Periodic statements - minimum content required where an OPS firm conducts OPS activity

This table belongs to COB 8.2.10 E

COB 8.2.16

See Notes

handbook-guidance
  1. (1) The items in COB 8.2.15 should contain sufficient information about the relevant transactions to enable an OPS trustee to determine whether it will be necessary to obtain more detailed information about the relevant transactions.
  2. (2) A firm may wish to provide more information than is required by COB 8.2.15, by distinguishing capital and income. If the statement includes some measure of performance, the basis of measurement should be stated.

COB 8.2.17

See Notes

handbook-evidential-provisions

Periodic statements - additional information required for a structured capital-at-risk product

This table belongs to COB 8.2.10 E