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2.3.4 Advertisement of Structured Products

C 8/2020 STA يسري تنفيذه من تاريخ 25/12/2020
  1. 2.3.4.1Licensed Financial Institutions which offer structured products must comply with the requirements in Section 2.3.1 of this Article as applicable, in addition to complying with the requirements of this Section.
  2. 2.3.4.2Licensed Financial Institutions must assess the suitability of the structured product to the targeted Consumer segment prior to launching the product advertisement and limit the Advertising to that appropriate Market segment.
  3. 2.3.4.3Licensed Financial Institutions must disclose the name of the entity issuing the structured product in the advertisement and promotional material and the regulator of the structured product.
  4. 2.3.4.4Licensed Financial Institutions must not advertise a structured product solely based on the projected or expected return of the structured product.

Where a Consumer may not receive 100% of the initial capital invested, Licensed Financial Institutions must ensure that advertisement materials for a structured product, contain the following warning statement:

Warning: If you invest in this product, you may lose some, all or more than the amount of money you invested.

  1. 2.3.4.5Where the invested funds provide for early redemption, Licensed Financial Institutions must ensure that advertisement materials for the structured product contain the following warning statement:

Warning: If you cash in your investment before [specify the particular time], you may lose some or all of the money you invest and incur early redemption fees.

  1. 2.3.4.6Licensed Financial Institutions must ensure that advertisement for a structured product where the funds are locked in i.e. no access to funds for the term of the product contain the following warning statement:

Warning: If you invest in this product, you will not have any access to your money for / until [insert time required before the product matures].

  1. 2.3.4.7Where Licensed Financial Institutions give information about past performance when Advertising a structured product and/or service, this information must:
    1. a.Be based on actual performance;
    2. b.Be based on a structured product similar to that being advertised;
    3. c.Not be selected so as to exaggerate the success or disguise the lack of success of the advertised structured product and/or service;
    4. d.State the source of the information relied on regarding the performance;
    5. e.State clearly the period chosen during which the actual performance occurred and how it relates to the structured product being advertised;
    6. f.Include the actual performance during the most recent period;
    7. g.Indicate, where they arise, details of all transaction costs, Fees and interest/profit that have been taken into account or not taken into account in the calculation of the actual performance; and
    8. h.State, where applicable, the assumptions upon which the actual performance was calculated.
  2. 2.3.4.8Licensed Financial Institutions must ensure that advertisement materials which contain information on past performance, must also contain the following warning statement:

Warning: Past performance is not a reliable guide to future performance.

  1. 2.3.4.9Licensed Financial Institutions must ensure that advertisement materials which contain illustrations or information on simulated performance must also contain the following warning statement:

Warning: These figures are estimates / examples only. They are not a reliable guide to the future performance of this investment.

  1. 2.3.4.10Licensed Financial Institutions must ensure that advertisement materials do not describe a structured product as guaranteed or partially guaranteed unless:
    1. a.There is a legally enforceable contract with a credible Third Party who undertakes to meet, to whatever extent is stated in the advertisement and marketing materials, the Consumer's claim under the guarantee;
    2. b.The Licensed Financial Institution has made and can demonstrate that it has made an assessment of the quality and value of the guarantee;
    3. c.It clearly states the level, nature and extent of limitations of the guarantee and the name of the guarantor; and
    4. d.Where it is the case, the advertisement materials must state that the guarantee is from a Third Party approved by a Licensed Financial Institution.