PERG 8.36 Illustrative tables

1.

Accepting deposits

2.

Effecting and carrying out contracts of insurance

3.

Dealing in securities, structured deposits, qualifying cryptoassets and contractually based investments

4.

Arranging deals in investments

4A.

Operating a multilateral trading facility

4B.

Credit broking

4C.

Operating an electronic system in relation to lending

4D.

Operating an organised trading facility

5.

Managing investments

5A.

Debt adjusting

5B.

Debt counselling

6.

Safeguarding and administering investments

7.

Advising on investments

8.

Advising on syndicate participation at Lloyd's

9.

Entering into funeral plan contracts

9A.

Carrying out funeral plan contracts

10.

Providing qualifying credit

11.

Arranging qualifying credit etc

12.

Advising on qualifying credit etc

12A.

Providing relevant consumer credit

12B.

Providing consumer hire

13.

Providing a home reversion plan

14.

Arranging a home reversion plan

15.

Advising on a home reversion plan

16.

Providing a home purchase plan

17.

Arranging a home purchase plan

18.

Advising on a home purchase plan

18A.

Providing a regulated sale and rent back agreement

18B.

Arranging a regulated sale and rent back agreement

18C.

Advising on a regulated sale and rent back agreement

19.

Agreeing to do anything in 3 to 18C above

1.

A deposit.

2.

Rights under a contract of insurance.

3.

Shares etc.

4

Instruments creating or acknowledging indebtedness (referred to in the Glossary as debentures and alternative debentures).

5.

Government and public securities.

6.

Instruments giving entitlement to investments (referred to in the Glossary as warrants).

7.

Certificates representing certain securities.

8.

Units in a collective investment scheme.

9.

Rights under a stakeholder pension scheme or a personal pension scheme.

10.

Options.

11.

Futures.

12.

Contracts for differences etc.

12A.

Emission allowances

13.

Lloyd's syndicate capacity and syndicate membership.

14.

Funeral plan contracts

15.

Agreements for qualifying credit

16.

Rights under a home reversion plan.

17.

Rights under a home purchase plan.

17A.

Rights under a regulated sale and rent back agreement

17B.

Rights under a relevant credit agreement (including rights under a paragraph 4C agreement)

17C.

Rights under a consumer hire agreement

17D.

Qualifying cryptoassets

18.

Rights to or interests in anything falling under 1 to 14or 17D above.

Article No.

Title and PERG 8 reference (where applicable)

Unsolicited real time

Solicited real time

Non-real time

(solicited or unsolicited)

12

Communications to overseas recipients (8.12.2G)

*¹

*

*

13

Communications from customers and potential customers (8.12.9G)

*

*

*

14

Follow up non-real time communications and solicited real time communications (8.12.10G)

*

*

15

Introductions (8.12.11G)

*

*

*

16

Exempt persons (8.12.12G)

*²

*³

*³

17

Generic promotions (8.12.14G and 8.21.4G)

*

*

*

17A

Communications caused to be made or directed by unauthorised persons (8.6.7AG)

*

*

*

18

Mere conduits (8.12.18G)

*

*

*

18A

Outgoing electronic commerce communications: mere conduits, caching and hosting (8.12.18G)

*

*

*

19

Investment professionals (8.12.21G and 8.21.5G)

*

*

*

20

Communications by journalists (8.12.23G)

*

20A

Promotion broadcast by company director etc (8.12.23G and 8.21.6G)

*

*

*

22

Deposits: non-real time communications (8.13)

*

23

Deposits: real time communications (8.13)

*

*

24

Relevant insurance activity: non-real time communications (8.13)

*

25

Relevant insurance activity: non-real time communications: reinsurance and large risks (8.13)

*

26

Relevant insurance activity: real time communications (8.13)

*

*

28

One-off non-real time communications and solicited real time communications (8.14.3G)

*

*

28A

One-off unsolicited real time communications (8.14.11G)

*

28B

Real time communications: introductions in connection with qualifying credit (8.17.12G)

*

*

29

Communications required or authorised by enactments

*

*

*

30

Overseas communicators: solicited real time communications (8.14.15G)

*

31

Overseas communicators: non-real time communications to previously overseas customers (8.14.17G)

*

32

Overseas communicators: unsolicited real time communications to previously overseas customers (8.14.16G)

*

33

Overseas communicators: unsolicited real time communications to knowledgeable customers (8.14.16G)

*

34

Governments, central banks etc

*

*

35

Industrial and provident societies

*

*

37

Financial markets

*

*

38

Persons in the business of placing promotional material

*

*

*

39

Joint enterprises (8.14.19G)

*

*

*

40

Participants in certain recognised collective investment schemes

*

*

41

Bearer instruments: promotions required or permitted by market rules (8.14.42G)

*

*

42

Bearer instruments: promotions to existing holders (8.14.42G)

*

*

43

Members and creditors of certain bodies corporate (8.14.41G and 8.21.8G)

*

*

44

Members and creditors of open-ended investment companies

*

*

45

Group companies

*

*

*

46

Qualifying credit to bodies corporate (8.17.10G)

*

*

*

46A

Promotions of credit etc. for business purposes (8.17-A.10G)

*

*

*

47

Persons in the business of disseminating information (8.21.10G)

*

*

*

48

High net worth individuals (8.14.21G)

*

*

49

High net worth companies, unincorporated associations etc (8.14.25G)

*

*

*

50

Sophisticated investors (8.14.27G)

*

*

*

50A

Self-certified sophisticated investors {8.14.28AG)

*

*

*

51

Associations of high net worth or sophisticated investors (8.14.29G)

*

*

52

Common interest group of a company (8.14.30G)

*

*

53

Settlors, trustees and personal representatives

*

*

*

54

Beneficiaries of trust, will or intestacy

*

*

*

55

Communications by members of professions (8.15.1G)

*

*

55A

Non-real time communication by members of the professions. (8.15.5G)

*

56

Remedy following report by Parliamentary Commissioner for Administration

*

*

*

57

Persons placing promotional material in particular publications

*

*

*

58

Acquisition of interest in premises run by management companies

*

*

59

Annual accounts and directors' report (8.21.11G)

*

*

*

60

Participation in employee shares schemes

*

*

*

61

Sale of goods and supply of services

*

*

62

Sale of body corporate (8.14.35G)

*

*

*

64

Takeovers of relevant unlisted companies

*

*

*

65

Takeovers of relevant unlisted companies: warrants etc

*

*

*

66

Takeovers of relevant unlisted companies: application forms

*

*

*

67

Promotions required or permitted by market rules (8.21.13G)

*

*

68

Promotions in connection with admission to certain EEA markets (8.21.16G)

*

*

69

Promotions of securities already admitted to certain markets (8.21.17G)

*

*

70

Promotions included in listing particulars etc (8.21.20G)

*

71

Material relating to prospectus for public offer of unlisted securities

*

72

Pension products offered by employers (8.14.40AG)

*

*

*

72A

Pension product offers communicated to employees by third parties (8.14.40AAG)

*

*

*

72B

Insurance product offers communicated to employees by employers (8.14.40ABG)

*

*

*

72C

Insurance products offers communicated to employees by third parties (8.14.40ACG)

*

*

*

72D

Staff mortgage offers communicated to employees by employers (8.14.40ADG)

*

*

*

72E

Staff mortgage offers communicated to employees by third parties (8.14.40AEG)

*

*

*

72F

Credit agreements offered to employees by employers

*

*

*

73

Advice centres (8.14.40B)

*

*

*

¹ in limited circumstances only – see article 12(2) of the Financial Promotion Order

² for the purpose of article 16 (2) only

³ for the purpose of article 16 (1) only