FCA bans clauses restricting clients’ choice of future supplier in relation to primary market services.


17th August 2017

On 27 June the FCA published its Policy Statement PS17/13 ‘Investment and corporate banking: prohibition of restrictive contractual clauses’. This details the FCA’s decision to ban firms from entering into agreements which contain restrictive clauses, which will take effect from 3 January 2018. The prohibition applies to two types of restrictive clause:
  1. Right to act clauses, which give the firm the right to provide future primary market service to the client; and
  2. Right of first refusal clauses, which give the firm the right to be offered future primary market service work before the client has the opportunity to offer it to any other provider.

Enjoy That? You Might Like These:


events

23 July
Led by Employment Partner Rajiv Joshi, we are hosting an exclusive roundtable for senior legal counsel and GCs as part of our Counsel+ Forum on the forthcoming Employment Rights Bill. Read More

events

8 July
Blake Morgan's General Counsel (GC) Dinner is being held on 8 October 2025 at the 1776 restaurant at 1 Lombard Street, bringing together our community of GCs to enjoy an... Read More

articles

1 July
Paul Duggan didn’t plan to become a lawyer. After studying politics in Belfast, he set his sights on academia. But his life took an unexpected turn thanks to another passion... Read More