General Provisions. Chapter 5. Regulators' logos and the Key facts logo

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Transcription:

eneral Provisions Chapter egulators' logos and the Key facts logo

EN : egulators' logos and Section.1 : Application and purpose.1 Application and purpose.1.1 Application... This chapter contains: (1) guidance for firms, authorised payment institutions, registered account information service providers and authorised electronic money institutions and their appointed representatives, agents or tied agents on the circumstances in which the FCA permits them to reproduce the FSA and FCA logos; (2) rules on the use by firms of..1.2 Purpose... The FSA logo is a registered UK service mark, with number 21060. The FCA logo is a registered UK service mark, with number 262934. The Key facts logo is a registered Community trade mark, with the number EU3866688. All are the property of the FCA. They are also subject to copyright and may be used or reproduced with permission of the FCA only. If the FSA, FCA, or Key facts logos are reproduced or otherwise used by any person without such permission the FCA may seek to enforce its rights over its property through the Courts..1.3 EN Annex 1 is a general licence, which sets out the circumstances in which the FCA permits a person to whom this chapter applies to reproduce the FSA and Key facts logos. Such a person need not apply for an individual licence if it uses or reproduces the logos in accordance with the general licence..1.3a No general licence is granted by the FCA in respect of the FCA logo..1.4 The FCA has no policy to allow use of the FSA or Key facts logos by a person to whom this chapter applies other than as set out in EN Annex 1. If, however, such a person wishes to use or reproduce either of the logos other than in accordance with the general licence, it may apply to the FCA for an individual licence, giving full reasons why it considers the FCA should grant the licence. EN /2 www.handbook.fca.org.uk elease 29 Jul 2018

EN : egulators' logos and Section.1 : Application and purpose.1. The Key facts logo... A firm must not use other than as and when it is required or expressly permitted to be used by the rules, and in accordance with the general licence in EN Annex 1..1.6 A firm must take all reasonable steps to ensure that its representatives do not use other than as and when the logo is required to be used by the rules..1.7 A firm must take all reasonable steps to ensure that is not reproduced on any document that the firm, or any person acting on its behalf, provides to a customer unless the reproduction is required by the rules..1.8 The FSA logo... A firm must not use the FSA logo (and must take all reasonable steps to ensure that its representatives do not use the FSA logo) in any communication with a client other than in accordance with the general licence in EN Annex 1 or any individual licence granted by the FCA to the firm or its representatives..1.9 The general licence in EN Annex 1 to use the FSA logo will continue till 1 April 2014 whereupon the general licence is revoked by EN Annex 1, 7.1..1.10 The FCA logo... A firm must not use the FCA logo (and must take all reasonable steps to ensure that its representatives do not use the FCA logo) in any communication with a client other than in accordance with any individual licence granted by the FCA to the firm or its representatives. elease 29 Jul 2018 www.handbook.fca.org.uk EN /3

EN : egulators' logos and Section.1 : Application and purpose EN /4 www.handbook.fca.org.uk elease 29 Jul 2018

EN : egulators' logos and Annex 1 Licence for use of the FSA and Key facts logos Application 1.1 The FCA grants this licence to firms, authorised payment institutions, authorised electronic money institutions, appointed representatives, agentsand tied agents. The FSA logo 2.1 The FSA logo is made up of two elements which together make up the registered UK service mark, with number 21060: (1) the symbol (the scroll and globe device); and (2) the FSA letters. 2.2 The Key facts logo is made up of two elements which together make up the registered Community trade mark, with number E3866688: (1) (2) the symbol (the rectangular speech bubble); and the word 'Key facts'. 2.3 There are two versions of the FSA logo, version A and a smaller version B in which the scroll has been simplified. There are two versions of the Key facts logo, a low resolution version and a high resolution version. 2.4 Copyright subsists in the FSA logo. 2. Copies of the FSA logo that are capable of being reproduced for printing can be found on the FCA's website at www.fca.org.uk Permission to use the FSA logo 3.1 A UK domestic firm, its appointed representatives and tied agents, an authorised payment institution and its agents and an authorised electronic money institution and its agents are permitted to use the FSA logo: 3.1A [deleted] (1) as part of a statement by that person, in a letter or electronic equivalent, that it or, in relation to an appointed representative, agent or tied agent, its principal, is authorised and regulated by the FSA; or (2) if required to do so by the FCA. 3.2 The disclosure required by EN 4.3.1 (Disclosure in letters to retail clients) as continued in EN TP 1.3(3).13 is an example of a statement within paragraph 3.1 above. 3.3 Business cards, compliment slips, text messages, account statements and other similar documents are not letters (or electronic equivalents). Therefore, the licence does not extend to documents such as these. Permission to use 3A.1 A firm, its appointed representatives and tied agents are permitted to use as and when it is required or permitted to be used by the rules. 3A.2 The following are examples of places where the rules require or permit to be used: elease 29 Jul 2018 www.handbook.fca.org.uk EN Annex 1/1

EN : egulators' logos and Annex 1 (1) [deleted] Conditions on appearance of the FSA logo (2) In ICOBS: (a) (b) (c) (3) In MCOB (a) (b) (c) [deleted] in a policy summary; and in a key features as an alternative to a policy summary. [deleted] in an illustration (MCOB.6.2 and MCOB 9.4.2 ); and in a risks and features statement (MCOB 4.10.11 ) and financial information statement (MCOB.8.7 ). 4.1 The permission in paragraph 3.1 is subject to the following conditions: Conditions on appearance of (1) the regulatory mark is attached to the FSA logo; (2) the FSA logo and regulatory mark appear in black type, or reversed out white on a coloured background; (3) the FSA letters appear in type which is not more than three times the size of the accompanying script; (4) the two elements of the FSA logo appear together in the same way, and in the same proportion, as in the registered service mark; () the FSA logo is not redrawn in any way, or matched by a typesetter; (6) version B of the FSA logo is used only at sizes below 10 mm in overall height; and (7) if the FSA logo is reproduced electronically, no hyperlink is incorporated. 4A.1 The permission in paragraph 3A.1 is subject to the following conditions: (1) the regulatory mark ( ) is attached to the Key facts logo; (2) and regulatory mark appear: (a) (b) (c) in black type; reversed out white on a coloured background; or in colour provided that this does not diminish their prominence; (3) the two elements of appear together in the same way, and in the same proportion, as in the Community trade mark; (4) is not redrawn in any way, or matched by a typesetter; EN Annex 1/2 www.handbook.fca.org.uk elease 29 Jul 2018

EN : egulators' logos and Annex 1 () the low resolution version of is used only in documents intended to be read on a computer, television or other screen; and (6) if is reproduced electronically, no hyperlink is incorporated. Further conditions on the use of the FSA and Key facts logos.1 The permissions in paragraphs 3.1 and 3A.1 are also subject to the conditions that any material, whether produced on paper or electronically, on which the FSA or Key facts logos are displayed does not: (1) in any way imply that the FCA is endorsing the licensee or its products, services or communications (see also EN 1.2.2 (1)); or (2) misrepresent the licensee's relationship with the FCA or present false information about the FCA; or (3) contain content that could be construed as distasteful, offensive or controversial; or (4) infringe any intellectual property or other rights of any person or otherwise not comply with any relevant law or regulation. 6.1 [deleted] Commencement and duration 7.1 This licence comes into effect on 1 May 2003 except that in relation to the Key facts logo it comes into effect on 6 November 2006. In relation to the FSA logo, this licence ceases to have effect and is revoked on 1 April 2014. 7.2 The FCA may alter or revoke this licence at any time, by giving at least two months' notice on the FCA's website. Interpretation 8.1 This licence is to be interpreted in accordance with chapter 2 of the eneral provisions (Interpreting the Handbook) of the Handbook. In particular, expressions in italics are defined in the Handbook lossary. overning law and jurisdiction 9.1 This licence is governed by and interpreted in line with English law. The courts of any jurisdiction in the United Kingdom have the exclusive jurisdiction to settle any dispute in connection with this licence. elease 29 Jul 2018 www.handbook.fca.org.uk EN Annex 1/3

EN : egulators' logos and Annex 1 EN Annex 1/4 www.handbook.fca.org.uk elease 29 Jul 2018