Article 72C exclusion meaning

A UK regulatory exclusion that allows solicitors and other professional firms to give clients factual information about insurance (for example, about after-the-event (ATE) policies) without being treated as carrying on the regulated activities of arranging insurance or assisting in the administration and performance of a contract of insurance. The exclusion is set out in legislation: Article 72C of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (RAO), as amended. In practice, it applies where the firm’s role is limited to providing or passing on information to a policyholder or potential policyholder (or to an insurer or intermediary), without recommending, persuading, negotiating terms, completing application forms, or otherwise taking steps to help conclude or service the policy. Used correctly, Article 72C lets law firms signpost insurers/brokers, distribute brochures or policy summaries, and transmit client details, while staying outside insurance distribution requiring FCA authorisation. The concept and its practical boundaries are broadly consistent across England & Wales, Scotland and Northern Ireland under the RAO. It does not apply in Ireland, which has its own Insurance Distribution Regulations regime; there is no Irish “Article 72C”, and Irish firms should assess authorisation/exemption under local rules.