AI Summary of 21. Restrictions on financial promotion
A person ('A') must not communicate an invitation or inducement to engage in investment or claims management activity in the course of business, as outlined in subsection (1). However, this restriction does not apply if A is an authorised person or the communication's content is approved by an authorised person for this section. Approval from an authorised person is permitted if it adheres to the provisions of section 55NA or falls within exemptions defined under section 55NB.
Subsection (1) applies to communications originating outside the United Kingdom only when those communications can affect the UK. The Treasury is empowered to specify circumstances under which a person is deemed to be acting in the course of business, including the possibility of compliance with financial promotion rules. Definitions for engaging in investment or claims management activities are clearly provided, alongside the conditions for what constitutes controlled activities and controlled claims management activities.
21. Restrictions on financial promotion
(1) A person ("A") must not, in the course of business, communicate an invitation or inducement
(a) to engage in investment activity, or
(b) to engage in claims management activity.
(2) But subsection (1) does not apply if -
(a) A is an authorised person; or
(b) the content of the communication is approved for the purposes of this section by an authorised person.
(2A) The content of a communication may be approved for the purposes of this section by an authorised person only if the giving of the approval -
(a) is permitted under section 55NA (which enables approval to be given with FCA permission), or
(b) falls within an exemption conferred by regulations under section 55NB.