16

Firms’ Disclosure Obligations - Information and Exclusions

16.A1

[Deleted.]

16.1

This Chapter does not apply to the FSCS.

16.2

A firm must:

  1. (1) prepare an ‘information sheet’ and prepare an exclusions list;
  2. (2) ensure that the information sheet is kept up-to-date;
  3. (3) before entering into a contract on deposit-taking with the intending depositor:
    1. (a) provide the exclusions list to;
    2. (b) provide the information sheet to; and
    3. (c) obtain an acknowledgement of receipt of the information sheet from,
  4. each intending depositor.
  5. (4) before entering into a contract on deposit-taking, inform each intending depositor of the exclusions from deposit guarantee scheme protection that fall within 2.2(4)(b) and 2.2(4)(k), if applicable.

[Note: Art. 16(1), (2), (3) and (4) and Art. 19(2) of the DGSD]

16.2A

For the purposes of 16.2 (2), a firm’s information sheet may be considered up-to-date notwithstanding that it does not refer to the 12 month period of protection for certain temporary high balances provided for in 10.7A.

16.3

Where the depositor holds eligible deposits through a UK establishment, the information sheet must be in English, or, if different, in the language that was agreed between the depositor and the firm when the account was opened. A firm which accepts eligible deposits through a branch established in another EEA State may provide the information sheet in the official language of that EEA State.

[Note: Art. 16(4) of the DGSD]