Inducements
BC-2.10.14
Investment firm 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 theirclients .BC-2.10.15
Investment firm licensees 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 theinvestment firm licensee's clients ;(c) The agreement is a written agreement for the supply of goods or services described in Rule BC-2.10.14, and these goods and services do not take the form of, or include, cash or any other direct financial benefit; and(d) Theinvestment firm licensee makes adequate disclosures regarding the use ofsoft dollar agreements .Amended: January 2007BC-2.10.16
For the purpose of Sub-Paragraph BC-2.10.15(d), Paragraph BC-2.12.12 sets out the minimum disclosure requirements.
Amended: January 2007BC-2.10.17
A
soft dollar agreement is an agreement in any form under which aninvestment firm licensee receives goods or services in return for investment business put through or in the way of another person.BC-2.10.18
Before an
investment firm licensee enters into a transaction for aclient , either directly or indirectly, with or through the agency of another person, under asoft dollar agreement which theinvestment firm licensee has, or knows that another member of its group has, with that other person, it must disclose to itsclient :(a) The existence of thesoft dollar agreement ; and(b) Theinvestment firm licensee's or its group's policy relating tosoft dollar agreements .Amended: January 2007BC-2.10.19
If an
investment firm licensee has asoft dollar agreement under which theinvestment firm licensee deals for aclient , theinvestment firm licensee must provide thatclient with information as set out in Paragraph BC-2.12.12.