1 For^G the purposes of COB Rule 6.11.4, the DFSA would consider a Person^G to be controlled by an Authorised Firm^G if that Person^G is inclined to act in accordance with the instructions of the Authorised Firm^G .

2. The DFSA would consider an account to be controlled by an Authorised Firm^G if that account is operated in accordance with the instructions of the Authorised Firm^G .

3. If an Authorised Firm^G has a discretionary portfolio mandate from a Client^G , even though the assets are to be held in the name of the Client^G (for example, under a power of attorney arrangement), the firm controls those assets as it can execute transactions relating to those assets, within the parameters set out in the mandate.

4. In relation to assets referred to in Guidance item 3 that are held in the Client's^G name, only specific Rules^G in App 5 (Client Money Provisions) and App 6 (Safe Custody Provisions) are likely to be relevant, as the assets are already held in the Client's^G own name and the firm will control rather than hold the assets. A firm with such a discretionary mandate will also need to comply with other relevant requirements in the Rulebook^G , such as GEN Rule 2.2.10A requiring an endorsement to hold or control Client Assets^G , and GEN 8.6 section requiring an audit report relating to Client Assets^G .