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You are viewing the version of the document as on 2022-12-16.

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  2. Point in time
    2022-12-16

EG 14.4 1Exercise of the powers in respect of recognised schemes: sections 279 and 281 of the Act – powers to revoke recognition of schemes recognised under section 272: the FCA's policy

EG 14.4.1RP

1The FCA will consider all the relevant circumstances of each case. The general factors which the FCA may consider include, but are not limited to, those set out in paragraph 14.1.1 (1) to (9) (the conduct of the operator of the scheme and of the trustee or depositary will also, of course, be taken into account in relation to each of these factors).

EG 14.4.2RP

1As well as or instead of using these powers, the FCA may ask the relevant regulatory body of the country or territory in which the scheme is authorised to take such action in respect of the scheme and/or its operator, trustee or depositary as will resolve the FCA's concerns.

EG 14.4.3RP

1Decisions about whether to apply to the civil courts for collective investment scheme related orders under the Act will be made by the executive2 director of Enforcement or, in his or her absence, the acting executive director of Enforcement2.

EG 14.4.4RP
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