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United Kingdom
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Insistent client meaning

What does Insistent client mean?
In practice, an insistent client is a retail client who, after receiving a personal recommendation from an FCA‑authorised firm, chooses to proceed with a different transaction and asks the firm to put it in place notwithstanding the advice. The term is formally defined by the FCA in COBS 9.5A.2. A client is “insistent” where they: - receive a personal recommendation; - decide to enter into a transaction that differs from the recommendation; and - wish the firm to facilitate that transaction. UK usage is consistent across England & Wales, Scotland and Northern Ireland (FCA rules apply UK‑wide). In Ireland, the expression is descriptive rather than statutory; firms instead apply Central Bank of Ireland suitability and execution‑only requirements. Practical significance: this scenario most often arises in retail investment and pension transfer work. Firms may facilitate only where doing so is compatible with their regulatory obligations, typically by documenting the advice given, the client’s decision and understanding of risks, providing clear warnings, and maintaining contemporaneous records. It is distinct from execution‑only business because regulated advice has been provided before the client departs from it. Managing complaint, redress and professional indemnity exposure is a key concern.
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View the related Practice Notes about Insistent client

PRACTICE NOTES
Insistent clients in DB-to-DC pension transfers: FCA COBS 9.5A, 2021 transfer conditions, and duties of trustees, providers and advisers

What is an insistent client? An ‘insistent client’ usually describes someone who, after receiving a personal recommendation, decides to proceed in a different way to that advice. For a time, there was no settled meaning, which risked uneven use of the term. On 3 January 2018, through the Conduct of Business Sourcebook (Insistent Clients) Instrument 2017, FCA 2017/66, the Financial Conduct Authority (FCA) set out a definition in COBS 9.5A. Under this definition, an insistent client is a person who: receives a personal recommendation from an FCA‑regulated firm chooses to enter into a transaction that differs from the firm’s recommendation wants the firm to facilitate that alternative transaction Accordingly, the FCA views the concept from the adviser’s perspective, where the firm is asked to execute the very course of action it advised against. This has become particularly relevant in pensions since the pension freedoms came into force on 6 April 2015 (for more detail, see Practice Note: Pension freedoms—an introduction [Archived])....

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