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  • Reliance on a Client Agreement made by another entity

    • COB 3.3.4

      (1) An Authorised Firm may, for the purposes of Rule 3.3.2(1)(a)(ii), rely on a Client Agreement executed in accordance with the requirements in either (2) or (3).
      (2) For the purposes of (1), an Authorised Firm which is a Branch may rely on a Client Agreement, executed by its head office or any other branch of the same legal entity, if:
      (a) the Client Agreement adequately and clearly applies to the Financial Services provided by the Branch; and
      (b) the Authorised Firm ensures that the Client Agreement is available to the DFSA on request.
      (3) For the purposes of (1), an Authorised Firm may rely on a Client Agreement, executed by a member of its Group if:
      (a) it is providing a Financial Service pursuant to Rule 2.4.5;
      (b) the Client Agreement clearly sets out:
      (i) the Financial Service provided by the Authorised Firm and;
      (ii) that the Client's rights in respect of (i) are enforceable against the Authorised Firm; and
      (c) the Authorised Firm ensures that the Client Agreement is available to the DFSA on request.
      (4) An Authorised Firm must notify the DFSA immediately if, for any reason, it is no longer able to provide unrestricted access to a Client Agreement as required under (2) or (3).
      [Added] DFSA RM149/2015 (Made 11th February 2015) [VER24/04-15]