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== Is this investment report a financial promotion? == | == Is this investment report a financial promotion? == | ||
According to the FCA, | According to the FCA, a person must not, in the course of business, communicate an invitation or inducement to engage in investment activity (i.e. a financial promotion) unless: | ||
# he is an authorised person; or | # he is an authorised person; or | ||
# the content of the communication is approved for the purposes of section 21 by an authorised person; or | # the content of the communication is approved for the purposes of section 21 by an authorised person; or | ||
# the communication is exempt under an order made by the Treasury under section 21(5) – the Financial Promotion Order (as amended). | # the communication is exempt under an order made by the Treasury under section 21(5) – the Financial Promotion Order (as amended).<ref>https://www.handbook.fca.org.uk/handbook/PERG/8/3.html</ref> | ||
For a communication to be considered a financial promotion, the communication must contain an element of invitation or inducement, amongst other things<ref>https://www.handbook.fca.org.uk/handbook/PERG/8/3.html</ref>; for a communication to be considered an invitation or inducement, the communication must “have the purpose or intent of leading a person to engage in investment activity".<ref>https://www.handbook.fca.org.uk/handbook/PERG/8/4.html#D620</ref> | For a communication to be considered a financial promotion, the communication must contain an element of invitation or inducement, amongst other things<ref>https://www.handbook.fca.org.uk/handbook/PERG/8/3.html</ref>; for a communication to be considered an invitation or inducement, the communication must “have the purpose or intent of leading a person to engage in investment activity".<ref>https://www.handbook.fca.org.uk/handbook/PERG/8/4.html#D620</ref> |