Inducements
BC-8.12.14
Conventional bank licensees must have systems and controls, policies and procedures to ensure that neither they, nor any of their employees, offer, give, solicit or accept any inducement which is likely to conflict significantly with any duty that they owe to theircustomers .Added: April 2008BC-8.12.15
A
conventional bank licensee may only accept goods and services under asoft dollar agreement if:
(a) The goods and services do not constitute an inducement;(b) The goods and services are reasonably expected to assist in the provision of regulated investment activities to theconventional bank licensee ’scustomers ;(c) The agreement is a written agreement for the supply of goods or services described in Rule BC-8.12.14, and these goods and services do not take the form of, or include, cash or any other direct financial benefit; and(d) Theconventional bank licensee makes adequate disclosures regarding the use ofsoft dollar agreements .Added: April 2008BC-8.12.16
For the purpose of Sub-Paragraph BC-8.12.15(d), Paragraph BC-8.13.12 sets out the minimum disclosure requirements.
Added: April 2008BC-8.12.17
A
soft dollar agreement is an agreement in any form under which aconventional bank licensee receives goods or services in return for investment business put through or in the way of another person.Added: April 2008BC-8.12.18
Before a
conventional bank licensee enters into a transaction for acustomer , either directly or indirectly, with or through the agency of another person, under asoft dollar agreement which theconventional bank licensee has, or knows that another member of its group has, with that other person, it must disclose to itscustomer :(a) The existence of thesoft dollar agreement ; and(b) Theconventional bank licensee ’s or its group’s policy relating tosoft dollar agreements .Added: April 2008BC-8.12.19
If a
conventional bank licensee has asoft dollar agreement under which theconventional bank licensee deals for acustomer , theconventional bank licensee must provide thatcustomer with information as set out in Paragraph BC-8.13.12.Added: April 2008