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Status: You are viewing the version of the handbook as on 2011-04-29.

PRIN 3.1 Who?

PRIN 3.1.1RRP

PRIN applies to every firm, except that:

  1. (1)

    for an incoming EEA firm or an incoming Treaty firm, the Principles apply only in so far as responsibility for the matter in question is not reserved by an EU4 instrument to the firm's Home State regulator;

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  2. (2)

    for an incoming EEA firm which is a BCD credit institution without a top-up permission, Principle 4 applies only in relation to the liquidity of a branch established in the United Kingdom;

  3. (3)

    for an incoming EEA firm which has permission only for cross border services and which does not carry on regulated activities in the United Kingdom, the Principles do not apply;

  4. (4)

    for a UCITS qualifier, only Principles 11, 2, 3, 7 and 9 apply, and only with respect to the activities in PRIN 3.2.2 R (Communication and approval of financial promotions);1

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  5. (5)

    PRIN does not apply to an incoming ECA provider acting as such.1

PRIN 3.1.2G

SYSC App 1 , COBS 1 Annex 1 and the territorial guidance in PERG 13.6 all contain 1guidance that is relevant to1 the reservation of responsibility to a Home State regulator referred to in PRIN 3.1.1 R (1).

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PRIN 3.1.3G

PRIN 3.1.1 R (2) reflects article 411of the Banking Consolidation Directive which provides that the Host State regulator retains responsibility in cooperation with the Home State regulator for the supervision of the liquidity of a branch of a BCD credit institution.

1
PRIN 3.1.4GRP

PRIN 3.1.1 R (3) puts incoming EEA firms on an equal footing with unauthorised overseas persons who utilise the overseas persons exclusions in article 72 of the Regulated Activities Order.

PRIN 3.1.5GRP

PRIN 3.1.1 R (4) reflects section 266 of the Act (Disapplication of rules).

PRIN 3.1.6RRP

2A firm will not be subject to a Principle to the extent that it would be contrary to the UK's obligations under an EU4 instrument.3

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PRIN 3.1.7GRP

2PRIN 4 provides specific guidance on the application of the Principles for MiFID business.

PRIN 3.1.8GRP

3The Principles will not apply to the extent that they purport to impose an obligation which is inconsistent with the Payment Services Directive. For example, there may be circumstances in which Principle 6 may be limited by the harmonised conduct of business obligations applied by the Payment Services Directive to credit institutions and e-money issuers (see Parts 5 and 6 of the Payment Services Regulations).