3.2. Communications to be fair, clear and not misleading
3.2.1. General requirement
An Authorised Firm must ensure that:
- (a) any communication with a Client in relation to a Financial Product or Financial Service; or
- (b) any Financial Promotion that it communicates or approves, is fair, clear and not misleading.
3.2.2. No avoidance of regulatory liability
Any communication by an Authorised Firm with a Client, or any Financial Promotion that it communicates or approves, must not attempt to limit or avoid any duty or liability it may have to that Client or any other Person under any applicable AIFC Rules or Regulations.
3.2.3. Information to be communicated directly to Client
Where a Rule in COB requires information to be provided to a Client, the Authorised Firm must provide that information directly to the Client and not to another Person, unless it is on the written instructions of the Client.
Guidance: Meaning of "communication"
For the purposes of COB 3, a communication includes, but is not limited to, a Financial Promotion, a client agreement, terms of business, Financial Product terms and conditions, a mandate, power of attorney entered into for the purposes of a Financial Product or Financial Service and any other communication which relates in whole or in part to the provision of a Financial Product or Financial Service.