The UK Financial Conduct Authority Bans Use of Certain Restrictive Contractual Clauses

The ban extends to foreign branches of UK firms; also where services are provided from a firm’s UK establishment.

Key Points:

..Effective 3 January 2018 firms subject to the ban cannot enter into agreements that contain “future services restrictions” with clients.

..However, contracting to provide services that are “specified or certain”, even if those services are to be provided in the future, are excluded from the ban.

..Exemptions are also provided for bridge and warehouse arrangements.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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