FCA ongoing advice rules

Key points

  • Firms providing a periodic suitability assessment on MiFID or insurance-based investment business must currently review suitability at least once a year, under COBS 9A.3.9R and 9A.3.10R.
  • An adviser charge paid over time must be for a disclosed ongoing service that the client can cancel, under COBS 6.1A.22R.
  • The FCA's review of 22 large firms found reviews delivered in around 83% of promised cases, and asked firms to look back to 2018 and consider redress.
  • CP26/10 proposes periodic reviews based on client needs, in a new COBS 9C. The FCA aims to publish final rules in Q4 2026.
  • Until final rules take effect the annual review rule applies. Firms should reconcile charges to services and write a disengaged client policy now.
On this page

Today, an advice firm that provides a periodic suitability assessment on MiFID or insurance-based investment business must review suitability at least once a year (COBS 9A.3.9R and 9A.3.10R), and can only take an adviser charge over time for a disclosed ongoing service that the client can cancel. The FCA's CP26/10, published on 25 March 2026, proposes replacing that fixed annual review with periodic reviews set by each client's needs, in a single new suitability chapter, COBS 9C. The consultation closed on 22 May 2026 and the FCA aims to publish final rules in Q4 2026. Until then the annual review rules apply in full.

This guide explains the current rules, what the FCA found when it reviewed ongoing advice, what CP26/10 proposes, and what firms should do now so the change, when it comes, is a saving and not a risk.

The current rules on ongoing advice

Two sets of rules meet in an ongoing service.

AreaCurrent ruleWhat it requires
Ongoing chargesCOBS 6.1A.22RAn adviser charge paid over time must be for a disclosed ongoing service that the client can cancel without penalty, unless it is for one-off advice on a product with regular payments
Periodic suitability, MiFID and insurance-based investmentsCOBS 9A.3.9R and 9A.3.10RA firm providing a periodic suitability assessment must review suitability at least annually, and more often where the client's risk profile or the products call for it
Other suitabilityCOBS 9Suitability rules for business outside COBS 9A, with its own report rules
OutcomesConsumer Duty (PRIN 2A)The service must deliver fair value and the firm must monitor that clients get what they pay for

In practice the annual review is the evidence that the ongoing charge was earned. If a review was promised and paid for but not delivered, the charge is hard to justify, under the contract and under the rules.

What the FCA found in its ongoing advice review

On 15 February 2024 the FCA wrote to 22 of the largest advice firms and asked for seven years of data on ongoing suitability reviews. It published the findings on 24 February 2025.

FindingShare of cases where a review was promised
Review deliveredAround 83%
Client declined or did not respond to the offer of a reviewA further 15%
No attempt made by the firmFewer than 2%

The FCA said it did not consider the problem systemic, but that cases with no attempt "will need to be put right". It asked firms to check whether they had delivered the services their contracts and the rules required, to consider contacting affected clients, to look back to 2018 as an appropriate period, and to consider redress, which may cover only part of the charges where some service was delivered. It also asked firms to think about whether continuing to charge clients who persistently do not engage is in their best interests.

The FCA also committed to review its rules on ongoing services. CP26/10 is that review.

What CP26/10 proposes for ongoing advice

ProposalDetail
Periodic reviews instead of annualRemove the annual requirement in COBS 9A.3.9R and 9A.3.10R. Firms would set review frequency from each client's needs and circumstances
One suitability chapterCOBS 9 and COBS 9A merged into a new COBS 9C, with ongoing services at COBS 9C.4. The MiFID and non-MiFID distinction largely removed for retail clients
Charging for related servicesFirms could charge for related ongoing services whether or not they give a new personal recommendation each time
Paying for the initial advice over timeOngoing payments for an initial recommendation only until the up-front cost is paid off
Disengaged clientsNo new prescriptive rule, but Handbook guidance on Consumer Duty expectations. Firm policies should include stopping collecting fees for ongoing services where clients do not engage
Information standardAdvisers to consider "sufficient" information rather than "necessary" information
Attitude to riskA single attitude to risk concept, with a proportionate approach to ability to bear losses
Suitability reportsOne rule on timing (before the transaction, with a distance exception) and more concise, proportionate content
FG17/8The FCA's guidance on streamlined advice retired, with its principles moved into the rules

The FCA is not, at this stage, proposing to change the rules on legacy trail commission. CP26/10 discusses four options: keep the current arrangements, increase transparency, set a sunset date, or allow a transitional period. Adviser charging rules and qualification standards are unchanged.

What periodic reviews do not change

Removing the annual requirement does not remove the need to deliver what the client pays for. Three points stay fixed:

  • the ongoing charge must still match an ongoing service the client actually receives, and the client can still cancel it
  • the Consumer Duty still requires fair value, and the board report still has to show that ongoing clients get good outcomes
  • the review frequency becomes a decision the firm must justify, document and monitor, client by client or segment by segment

A firm that moves high value clients to longer review cycles without changing the price will find that harder to defend under the Duty, not easier.

Timeline

DateWhat happened or happens
15 February 2024FCA writes to 22 large advice firms on ongoing suitability reviews
24 February 2025FCA publishes its ongoing advice review findings
25 March 2026CP26/10 published
6 April 2026Targeted support rules take effect, separate from advice
22 May 2026CP26/10 consultation closes
Q4 2026FCA aims to publish the policy statement and final rules, depending on feedback
To be confirmedImplementation date for COBS 9C, to be set in the policy statement

What advice firms should do now

  1. Reconcile ongoing charges to services delivered, client by client, back to at least 2018, and resolve gaps before the FCA asks.
  2. Map your ongoing service offer: what each service level includes, how often you meet, and what evidence you keep.
  3. Segment clients by need. Those with drawdown, complex tax positions or vulnerable characteristics will usually need more frequent contact. Simpler arrangements may need less.
  4. Write a disengaged client policy now: how many attempts, over what period, and when you stop charging.
  5. Test fair value per service level. If a client gets less contact, the price should reflect it.
  6. Prepare for one suitability report rule. Shorter, layered reports will be allowed, but must still state disadvantages.
  7. Keep applying the current annual review rule until the final rules take effect.

Our COBS suitability guide covers the wider suitability changes, and our guide to Consumer Duty for investment and wealth firms covers the outcome evidence.

Targeted support is a separate regime

Targeted support, live since 6 April 2026, lets authorised firms suggest products to groups of consumers in similar circumstances without a personal recommendation. It has its own permission, its own rules in COBS 9B and, for personal investment firms, a £500,000 capital requirement under IPRU(INV) 13.13.2R. It does not replace ongoing advice, and CP26/10 does not change it.

How Regulatory Counsel helps

We review ongoing service delivery and charging, design client segmentation and disengaged client policies, and run file reviews against COBS and the Consumer Duty. See our compliance support and Consumer Duty services, and our investment and wealth firms sector page.

References

This article is general information as at 15 November 2026 and is not legal advice.

Frequently asked questions

Is the annual review for ongoing advice being scrapped?

It is proposed, not decided. CP26/10 proposes replacing the annual suitability requirement in COBS 9A.3.9R and 9A.3.10R with periodic reviews based on client needs. The FCA aims to publish final rules in Q4 2026. Until they take effect, the annual requirement applies.

Can I still charge an ongoing fee if I do not do an annual review?

Not under the current rules where an annual review is required. An ongoing adviser charge must match an ongoing service the client actually receives. Under the CP26/10 proposals, firms could charge for related ongoing services without a new recommendation each time, but must still deliver what is paid for.

What did the FCA find in its ongoing advice review?

In data from 22 large firms, reviews were delivered in around 83% of cases where promised, clients declined or did not respond in a further 15%, and firms made no attempt in fewer than 2%. The FCA asked firms to look back to 2018 and consider redress.

What is COBS 9C?

The single suitability chapter proposed in CP26/10, combining COBS 9 and COBS 9A. Ongoing services would sit in COBS 9C.4. It is not yet in the Handbook.

What should firms do about clients who never respond to review invitations?

The FCA expects firms to consider whether continuing to charge them is in their best interests. CP26/10 proposes Consumer Duty guidance under which firm policies should include stopping collecting fees for ongoing services where clients do not engage.

Is trail commission being banned?

Not at this stage. CP26/10 discusses options for legacy trail commission on products bought before 31 December 2012, including more transparency or a sunset date, but does not propose a rule change.

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