SUP 13A.6 Which rules will an incoming EEA firm be subject to?

1. (1)

   SUP 13A Annex 1 summarises how the Handbook applies to incoming EEA firms.2

2. (2)

   SUP 13A Annex 2 summarises the matters that are reserved to a firm's Home State regulator.2

An incoming EEA firm (other than an EEA pure reinsurer or an EEA firm that has received authorisation under article 18 of the auction regulation and only provides services in the United Kingdom5) 4or incoming Treaty firm carrying on business in the United Kingdom must comply with the applicable provisions (see SUP 13A.4.4 G, SUP 13A.4.6 G,5 and SUP 13A.5.4 G) and other relevant UK legislation. For example where the business includes:

1. (1)

   business covered by the Consumer Credit Act 1974, then an incoming EEA firm or incoming Treaty firm must comply with the provisions of that Act; or

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2. (2)

   effecting or carrying out contracts covering motor vehicle third party liability risks as part of direct insurance business, then an incoming EEA firm or incoming Treaty firm is required to become a member of the Motor Insurers' Bureau.

1. (1)

   In particular, an EEA firm (other than an EEA pure re-insurer9 ) or Treaty firm must comply with the applicable provisions in SUP 10A and 10C8 (Approved persons). An EEA firm or Treaty firm should also refer to SUP 10A.1 and 10C.18 (Application) which sets out the territorial provisions of the approved persons regime.7

2. (2)

   An EEA firm or Treaty firm which is an EEA relevant authorised person should also refer to SUP 10C (FCA senior management regime for approved persons in relevant authorised persons).7

Under the EEA Passport Rights Regulations, references in section 60 of the Act (applications for approval for persons to perform controlled functions) to "the authorised person concerned" include:3

1. (1)

   an EEA MiFID investment firm whose Home State regulator has given a consent notice under paragraph 13 of Schedule 3 to the Act (see SUP 13A.4.1G (1) and SUP 13A.4.2 G) or a regulator's notice under paragraph 14 of that Schedule (see SUP 13A.5.3G (1)), and which will be the authorised person concerned if the EEA firm qualifies for authorisation under that Schedule; and3

2. (2)

   any other EEA firm with respect to which the appropriate UK regulator12 has received a consent notice or regulator's notice under paragraph 13 of Schedule 3 to the Act (see SUP 13A.4.1G (1) and SUP 13A.4.2 G) or a regulator's notice under paragraph 14 of that Schedule (see SUP 13A.5.3G (1)), and which will be the authorised person concerned if the EEA firm qualifies for authorisation under that Schedule.3

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SUP 13A Annex 1 does not apply to incoming ECA providers acting as such2.