SUP 13.5 Notices of intention
Specified contents: notice of intention to establish a branch
A UK firm, other than a UK pure reinsurer,4 wishing to establish a branch in a particular EEA State for the first time under an EEA right other than under the auction regulation7 must submit a5notice of intention3in the form set out in SUP 13 Annex 1 R.5
5354A UK pure reinsurer establishing a branch in a particular EEA state for the first time under the Reinsurance Directive mustsubmit a notice in the form set out in SUP 13 Annex 1 R.5 Whenever possible, this notification must be made as soon as the information specified in that form5 is known by the firm.
57A UK firm establishing a branch in a particular EEA state for the first time under the auction regulation must submit a notice of intention in the form set out in SUP 13 Annex 7R prior to its establishment of that branch or whenever possible thereafter.
4SUP 13.5.1 R does not apply to UK pure reinsurers or a UK firm exercising an EEA right under the auction regulation7 as they have automatic passport rights on the basis of their Home State authorisation under the Reinsurance Directive or the auction regulation. However, the information required by SUP 13.5.1A R and SUP 13.5.1AA R assists the FSA's supervision of a branch in another EEA state.7
Specified contents: notice of intention to provide cross border services
A UK firm wishing to provide cross border services into a particular EEA State for the first time under an EEA right other than under the auction regulation7 must submit a notice in the form set out in:5
35- (1)
SUP 13 Annex 2 R 5if the UK firm is passporting under 3MiFID;5 or5
3 - (1A)
SUP 13 Annex 3 R if the UK firm is passporting under the Insurance Directives; or5
- (2)
SUP 13 Annex 4 R 5if the UK firm is passporting under the Banking Consolidation Directive; or5
5 - (3)
SUP 13 Annex 5 R 5if the UK firm is passporting under the Insurance Mediation Directive
5 - (4)
SUP 13 Annex 6 R, if the UK firm is a management company passporting under the UCITS Directive.6
- (1)
7A UK firm wishing to provide a service into a particular EEA State for the first time under the auction regulation must inform the FSA of the information in (2) by email to emissionstrading@fsa.gov.uk prior to its provision of that service or whenever possible thereafter.
- (2)
The information required by (1) is:
4SUP 13.5.2 R does not apply to UK pure reinsurers or a UK firm exercising an EEA right under the auction regulation7 as they have automatic passport rights on the basis of their Home State authorisation under Reinsurance Directive or the auction regulation. However, the information required by SUP 13.5.2-A R assists the FSA's supervision of a UK firm's provision of a service in another EEA state under the auction regulation.7
3
Method of submission of notices5
- (1)
A UK firm, other than a credit union, must submit any notice under SUP 13.5.1 R (1), SUP 13.5.1A R or SUP 13.5.2 R online at www.fsa.gov.uk using the FSA's ONAsystem.5
35 - (2)
A credit union must submit any notice under SUP 13.5.1 R (1), SUP 13.5.1A R or SUP 13.5.2 R in the way set out in SUP 15.7.4 R to SUP 15.7.9 G (Form and method of notification).5
35 - (3)
Where a firm is obliged to submit a notice in accordance with (1), if the FSA's information technology systems fail and online submission is unavailable for 24 hours or more, until such time as facilities for online submission are restored, a firm must submit that notice in the way set out in SUP 15.7.4 R to SUP 15.7.9 G (Form and method of notification).5
45 - (4)
- (1)
If the FSA's information technology systems fail and online submission is unavailable for 24 hours or more, the FSA will endeavour to publish a notice on its website confirming that online submission is unavailable and that the alternative methods of submission set out in SUP 13.5.3 R (3) and SUP 15.7.4 R to SUP 15.7.9 G (Form and method of notification) should be used.5
- (2)
Where SUP 13.5.3 R (3) applies to a firm, GEN 1.3.2 R (Emergency) does not apply.5
Unregulated activities
A notice of intention3 (other than one to establish a branch or provide services in another EEA state under the auction regulation)7 may include activities within the scope of the relevant Single Market Directive which are not regulated activities (paragraphs 19(3) and 20(2) of Part III of Schedule 3 to the Act), although in the case of a MiFID investment firm a notice of intention may only include ancillary services which are to be carried on with one or more investment services and activities (paragraphs 19(5B) and 20(2A) of Part III of Schedule 3 to the Act)3. Regulation 19 of the EEA Passport Rights Regulations states that where a UK firm is able to carry on such an unregulated activity in the EEA State in question without contravening any law of the United Kingdom (or any part of the United Kingdom) the UK firm is treated, for the purposes of the exercise of its EEA right, as being authorised to carry on that activity.1
3Translations
- (1)
A UK firm passporting under the Banking Consolidation Directive,4 the Insurance Directives or the Reinsurance Directive 4may have to submit the requisite details or relevant details in the language of the Host State as well as in English . For a UK firm passporting under the Insurance Directives this translated document will not include the relevant UK details. Further information is available from the Passport Notifications Unit.
- (2)
A UK firm may wish to discuss with the Passport Notifications Unitthe appropriate time for providing the translations in (1), given that further information or clarification of the details provided may be required by the FSA.
- (3)
A UK firm passporting under the Insurance Directives should keep the EEA and UK relevant details separate as, if the application is approved, only the former will be sent to the Host State regulator.1