FCA bans clauses restricting clients’ choice of future supplier in relation to primary market services.


17th August 2017

On 27 June the FCA published its Policy Statement PS17/13 ‘Investment and corporate banking: prohibition of restrictive contractual clauses’. This details the FCA’s decision to ban firms from entering into agreements which contain restrictive clauses, which will take effect from 3 January 2018. The prohibition applies to two types of restrictive clause:
  1. Right to act clauses, which give the firm the right to provide future primary market service to the client; and
  2. Right of first refusal clauses, which give the firm the right to be offered future primary market service work before the client has the opportunity to offer it to any other provider.

Enjoy That? You Might Like These:


articles

21 November -
What are the immediate and longer-term changes to commission disclosure obligations for the motor finance industry following recent Court of Appeal decisions? On 25 October 2024, the Court of Appeal... Read More

articles

18 November -
Crises aren’t new for in-house legal teams, and of late we’ve seen widespread IT outages, sudden regulatory changes, elections, and political unrest. As in-house teams respond to an increasing number... Read More

articles

8 November -
UK Export Finance (UKEF) has announced an extension of a new loan guarantee scheme which will now support overseas projects supplying critical minerals, essential for UK industries such as clean... Read More