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The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005

S.I. 2005/1529 · Made 8 June 2005 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 15 July 2026.

FINANCIAL SERVICES AND MARKETS

Made 8th June 2005

Laid before Parliament 9th June 2005

Coming into force 1st July 2005

The Treasury, in exercise of the powers conferred on them by section 21(5), (6), (9) and (10), and section 428(3) of, and paragraph 25 of Schedule 2 to, the Financial Services and Markets Act 2000 M1, hereby make the following Order:C1

Annotations to the whole text

Marginal citations

M1

2000 c. 8.

Modifications

C1

Order applied (with modifications) (temp.) (5.6.2025) by The Financial Services and Markets Act 2023 (Private Intermittent Securities and Capital Exchange System Sandbox) Regulations 2025 (S.I. 2025/583), regs. 1(2), 12, Sch. 1 para. 4 (with reg. 20)

Contents

  1. Part I: Citation, Commencement and Interpretation
  2. 1Citation and commencement
  3. 2Interpretation: general
  4. 3Interpretation: unlisted companies
  5. Part II: Controlled Activities and Controlled Investments
  6. 4Definition of controlled activities, controlled claims management activities and controlled investments
  7. Part III: Exemptions: Interpretation and Application
  8. 5Interpretation: financial promotion restriction
  9. 6Interpretation: communications
  10. 7Interpretation: real time communications
  11. 8Interpretation: solicited and unsolicited real time communications
  12. 8AInterpretation: outgoing electronic commerce communications Repealed
  13. 9Degree of prominence to be given to required indications
  14. 10Application to qualifying contracts of insurance
  15. 11Combination of different exemptions
  16. Part IV: Exempt Communications: All Controlled Activities
  17. 12Communications to overseas recipients
  18. 13Communications from customers and potential customers
  19. 14Follow up non-real time communications and solicited real time communications
  20. 15Introductions
  21. 16Exempt persons
  22. 17Generic promotions
  23. 17ACommunications caused to be made or directed by unauthorised persons
  24. 18Mere conduits
  25. 18AElectronic commerce communications: mere conduits, caching and hosting
  26. 19Investment professionals
  27. 20Communications by journalists
  28. 20APromotion broadcast by company director etc.
  29. 20BIncoming electronic commerce communications Repealed
  30. 20CCommunications required by the PRIIPs regulation: key information document Repealed
  31. Part V: Exempt Communications: Deposits and Insurance
  32. 21Interpretation: relevant insurance activity
  33. 22Deposits: non-real time communications
  34. 23Deposits: real time communications
  35. 24Relevant insurance activity: non-real time communications
  36. 25Relevant insurance activity: non-real time communications: reinsurance and large risks
  37. 26Relevant insurance activity: real time communication
  38. Part VI: Exempt Communications: Certain Controlled Activities
  39. 27Application of exemptions in this Part
  40. 28One off non-real time communications and solicited real time communications
  41. 28AOne off unsolicited real time communications
  42. 28BReal time communications: introductions...
  43. 29Communications required or authorised by enactments
  44. 30Overseas communicators: solicited real time communications
  45. 31Overseas communicators: non-real time communications to previously overseas customers
  46. 32Overseas communicators: unsolicited real time communications to previously overseas customers
  47. 33Overseas communicators: unsolicited real time communications to knowledgeable customers
  48. 34Governments, central banks etc.
  49. 35Registered societies
  50. 36Nationals of EEA States other than United Kingdom Repealed
  51. 37Financial markets
  52. 38Persons in the business of placing promotional material
  53. 39Joint enterprises
  54. 40Participants in certain recognised collective investment schemes
  55. 41Bearer instruments: promotions required or permitted by market rules
  56. 42Bearer instruments: promotions to existing holders
  57. 43Members and creditors of certain bodies corporate
  58. 44Members and creditors of open-ended investment companies
  59. 45Group companies
  60. 46Qualifying credit to bodies corporate
  61. 46APromotions of credit etc. for business purposes
  62. 47Persons in the business of disseminating information
  63. 48... High net worth individuals
  64. 49High net worth companies, unincorporated associations etc.
  65. 50Sophisticated investors
  66. 50ASelf-certified sophisticated investors
  67. 51Associations of high net worth or sophisticated investors
  68. 52Common interest group of a company
  69. 53Settlors, trustees and personal representatives
  70. 54Beneficiaries of trust, will or intestacy
  71. 55Communications by members of professions
  72. 55ANon-real time communication by members of professions
  73. 55BInsolvency practitioners
  74. 56Remedy following report by Parliamentary Commissioner for Administration
  75. 57Persons placing promotional material in particular publications
  76. 58Acquisition of interest in premises run by management companies
  77. 59Annual accounts and directors' report
  78. 60Participation in employee share schemes
  79. 61Sale of goods and supply of services
  80. 62Sale of body corporate
  81. 63Takeovers of relevant unlisted companies: interpretation
  82. 64Takeovers of relevant unlisted companies
  83. 65Takeovers of relevant unlisted companies: warrants etc.
  84. 66Takeovers of relevant unlisted companies: application forms
  85. 67Promotions required or permitted by market rules
  86. 68Promotions in connection with admission to certain UK and EEA markets
  87. 69Promotions of securities already admitted to certain markets
  88. 70Promotions included in listing particulars etc.
  89. 71Material relating to prospectus for public offer of unlisted securities
  90. 72Pension products offered by employers
  91. 72APension product offers communicated to employees by third parties
  92. 72BInsurance product offers communicated to employees by employers
  93. 72CInsurance product offers communicated to employees by third parties
  94. 72DStaff mortgage offers communicated to employees by employers
  95. 72EStaff mortgage offers communicated to employees by third parties
  96. 72FCredit agreements offered to employees by employers
  97. 73Advice centres
  98. 73ZACertain promotions of qualifying cryptoassets
  99. 73ZBBerne Financial Services Agreement suppliers
  100. Part 6A: EXEMPT COMMUNICATIONS: CONTROLLED CLAIMS MANAGEMENT ACTIVITIES
  101. 73AApplication of exemptions in this Part
  102. 73BCommunications made by legal professionals
  103. 73CCommunications made by a charity or not-for-profit agency
  104. 73DCommunications made by a person appointed by a statutory or other public body
  105. 73ECommunications made by the Motor Insurers’ Bureau
  106. 73FCommunications made by a medical defence union
  107. 73GCommunications made by an independent trade union
  108. 73HCommunications made by a students’ union
  109. 73ICommunications made by an insurance intermediary
  110. 73JCommunications made by certain providers of referrals
  111. Part 7: REVOCATIONS
  112. 74Revocation
  113. Signature
  114. Schedule 1
  115. Part I: Controlled Activities
  116. 1Accepting deposits
  117. 2Effecting or carrying out contracts of insurance
  118. 3Dealing in securities , qualifying cryptoassets and contractually based investments
  119. 4Arranging deals in investments
  120. 4AOperating a multilateral trading facility
  121. 4AAOperating an organised trading facility
  122. 4BCredit broking
  123. 4COperating an electronic system in relation to lending
  124. 5Managing investments
  125. 5ADebt adjusting
  126. 5BDebt-counselling
  127. 6Safeguarding and administering investments
  128. 7Advising on investments
  129. 7ASafeguarding of qualifying cryptoassets and relevant specified investment cryptoassets
  130. 7BOperating a qualifying cryptoasset trading platform
  131. 7CQualifying cryptoasset staking
  132. 8Advising on syndicate participation at Lloyd's
  133. 9Providing funeral plan contracts
  134. 10Providing qualifying credit
  135. 10AArranging qualifying credit etc.
  136. 10BAdvising on qualifying credit etc.
  137. 10BAProviding relevant consumer credit
  138. 10BAAAdvising on certain relevant consumer credit relating to land
  139. 10BBProviding consumer hire
  140. 10CProviding a regulated home reversion plan
  141. 10DArranging a regulated home reversion plan
  142. 10EAdvising on a regulated home reversion plan
  143. 10FProviding a regulated home purchase plan
  144. 10GArranging a regulated home purchase plan
  145. 10HAdvising on a regulated home purchase plan
  146. 10IProviding a regulated sale and rent back agreement
  147. 10JArranging a regulated sale and rent back agreement
  148. 10KAdvising on a regulated sale and rent back agreement
  149. 11Agreeing to carry on specified kinds of activity
  150. Part 1A: CONTROLLED CLAIMS MANAGEMENT ACTIVITY
  151. 11AParagraph 11A
  152. Part II: Controlled Investments
  153. 12Paragraph 12
  154. 13Paragraph 13
  155. 14Paragraph 14
  156. 15Instruments creating or acknowledging indebtedness
  157. 15AAlternative finance investment bonds
  158. 16Government and public securities
  159. 17Instruments giving entitlements to investments
  160. 18Certificates representing certain securities
  161. 19Units in a collective investment scheme
  162. 20Rights under a pension scheme
  163. 21Options
  164. 22Futures
  165. 23Contracts for differences etc.
  166. 23AEmission allowances
  167. 24Lloyd's syndicate capacity and syndicate membership
  168. 25Funeral plan contracts
  169. 26Agreements for qualifying credit
  170. 26ARegulated home reversion plans
  171. 26BRegulated home purchase plans
  172. 26CRegulated sale and rent back agreement
  173. 26DRelevant credit agreements
  174. 26EConsumer hire agreements
  175. 26FQualifying cryptoassetQualifying cryptoassets
  176. 27Rights to or interests in investments
  177. 28Interpretation
  178. Schedule 2: COUNTRIES AND TERRITORIES
  179. 1Paragraph 1
  180. 2Paragraph 2
  181. 3Paragraph 3
  182. 4Paragraph 4
  183. 5Paragraph 5
  184. Schedule 3: MARKETS AND EXCHANGES
  185. A1Criteria for Relevant UK Markets
  186. Part I: Criteria for Relevant EEA or Gibraltar Markets
  187. Paragraph
  188. 2Certain Investment Exchanges Operating Relevant EEA Markets Repealed
  189. Part III: Certain Non-EEA Investment Exchanges Operating Relevant Markets
  190. Paragraph
  191. Part IV: Other Relevant Markets
  192. Paragraph
  193. Schedule 4: TAKEOVERS OF RELEVANT UNLISTED COMPANIES
  194. Part I: Requirements Relating to the Offer
  195. 1Paragraph 1
  196. 2Paragraph 2
  197. 3Paragraph 3
  198. 4Paragraph 4
  199. 5Paragraph 5
  200. 6Paragraph 6
  201. Part II: Accompanying Material
  202. 7Paragraph 7
  203. 8Paragraph 8
  204. 9Paragraph 9
  205. 10Paragraph 10
  206. 11Paragraph 11
  207. 12Paragraph 12
  208. 13Paragraph 13
  209. 14Paragraph 14
  210. 15Paragraph 15
  211. 16Paragraph 16
  212. 17Paragraph 17
  213. 18Paragraph 18
  214. 19Paragraph 19
  215. 20Paragraph 20
  216. 21Paragraph 21
  217. 22Paragraph 22
  218. 23Paragraph 23
  219. 24Paragraph 24
  220. 25Paragraph 25
  221. 26Paragraph 26
  222. 27Paragraph 27
  223. 28Paragraph 28
  224. 29Paragraph 29
  225. 30Paragraph 30
  226. 31Paragraph 31
  227. 32Paragraph 32
  228. 33Paragraph 33
  229. 34Paragraph 34
  230. 35Paragraph 35
  231. 36Paragraph 36
  232. 37Paragraph 37
  233. 38Paragraph 38
  234. 39Paragraph 39
  235. 40Paragraph 40
  236. Part III: Additional Material Available for Inspection
  237. 41Paragraph 41
  238. 42Paragraph 42
  239. 43Paragraph 43
  240. 44Paragraph 44
  241. 45Paragraph 45
  242. 46Paragraph 46
  243. 47Paragraph 47
  244. 48Paragraph 48
  245. 49Paragraph 49
  246. Schedule 5: STATEMENTS FOR HIGH NET WORTH INDIVIDUALS AND SELF-CERTIFIED SOPHISTICATED INVESTORS
  247. Part I: STATEMENT FOR ... HIGH NET WORTH INDIVIDUALS
  248. 1Paragraph 1
  249. Part II: STATEMENT FOR SELF-CERTIFIED SOPHISTICATED INVESTORS
  250. 2Paragraph 2
  251. Schedule 6REVOCATION
  252. Explanatory note