Article 55A Non-real time communication by members of professions

The financial promotion restriction does not apply to a non-real time communication which is—

The communication must be in the following terms— “ This [firm/company] is not authorised under the Financial Services and Markets Act 2000 but we are able in certain circumstances to offer a limited range of investment F1and consumer credit-related F2and claims management-related services to clients because we are members of [relevant designated professional body]. We can provide these investment and consumer credit-related services if they are an incidental part of the professional services we have been engaged to provide. ”

The communication may in addition set out the Part XX activities which P is able to offer to his clients, provided it is clear that these are the investment F3and consumer credit-related F4and claims management-related services to which the statement in paragraph (2) relates.

The validity of a communication made in accordance with paragraph (2) is not affected by a defect in the wording of it provided that the defect does not alter the communication's meaning.

“Part XX activities” means the regulated activities to which the general prohibition does not apply when they are carried on by P by virtue of section 327 of the Act.