FEES TP 15 Transitional Provisions for the MiFID II Order
115.1 |
Introduction |
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15.1.1 |
G |
FEES TP 15 deals with transitional arrangements for applicants applying for permissions as introduced by the MiFID II Order. |
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15.2 |
Interpretation |
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15.2.1 |
R |
The “MiFID II Order” is the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2017 (SI 2017/4882). |
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15.2.2 |
G |
The MiFID II Order makes amendments to the Financial Services and Markets Act 2000 (Regulated Activities) Order (SI 2001/544) to transpose parts of MiFID2. The MiFID II Order was brought into force on 1st April 2017, and enables the FCA to determine applications made under it. |
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15.3 |
Application |
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15.3.1 |
R |
(1) |
FEES TP 15.4.1R applies: |
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(a) |
to a person who: |
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(i) |
makes an application to the FCA for a Part 4A permission or an application for a variation of a Part 4A permission other than under article [15] of the MiFID II Order; and also |
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(ii) |
makes an application to the FCA for a Part 4A permission or an application for a variation of a Part 4A permission under article 15 of the MiFID II Order; |
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(b) |
where |
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(i) |
applications under FEES TP 15.3.1R(1)(a)(i) and FEES TP 15.3.1R(1)(a)(ii) are made on the same date; or |
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(ii) |
an application under FEES TP 15.3.1R(1)(a)(i) is made before an application under FEES TP 15.3.1R(1)(a)(ii); and |
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(c) |
either: |
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(i) |
the applications under FEES TP 15.3.1R(1)(a)(i) and FEES TP 15.3.1R(1)(a)(ii) are made on the same date; or |
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(ii) |
an application under FEES TP 15.3.1R(1)(a)(i) is made before an application under FEES TP 15.3.1R(1)(a)(ii), where the following two conditions apply: |
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(A) |
a draft of the application described in FEES TP 15.3.1R(1)(a)(ii) is received by the FCA before the date the MiFID II Order came into force; and |
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(B) |
the applicant confirmed that the draft application can be treated as a formal application on or after the date that the MiFID II Order came into force. |
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15.3.2 |
G |
FEES TP 15.4.1R does not apply to dual regulated firms which are authorised or have applied to become authorised by the PRA. |
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15.4 |
Calculation of fees payable under FEES 3.2.1R |
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15.4.1 |
R |
Where this rule applies, the fee payable under FEES 3.2.1R in respect of the application described under FEES TP 15.3.1R(1)(b) is any positive amount that results from the following calculation: |
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(1) |
the fee payable under the application described under FEES TP 15.3.1R(1)(a)(ii); LESS |
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(2) |
the fee paid for the application described under FEES TP 15.3.1R(1)(a)(i). |
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15.5 |
Transitional provisions: dates in force |
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15.5.1 |
R |
FEES TP 15 will remain in force until 3 January 2018. |