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Timeline guidanceGAP contract
57a guaranteed asset protection contract; this is a contract of insurance covering a policyholder, in the event of total loss to a vehicle, against the difference between:
- (a) the amount claimed under the policyholder’svehiclepolicy in respect of that loss; and
- (b) an amount defined in, or calculated in accordance with, the GAP contract.
UCITS
43a UCITS scheme or an EEA UCITS scheme81.
safe custody investment
a designated investment , which is not the property of the firm, but for which the firm, or any nominee company controlled by the firm or by its associate, is accountable; which has been paid for in full by the client ; and which ceases to be a safe custody investment when the firm has disposed of it in accordance with a valid instruction.5
JGPPI
2the FSA/OFT Joint Guidance on Payment Protection Products.
waiver
a direction waiving or modifying a rule, given by the appropriate regulator46 under section 138A of the Act (Modification or waiver of rules) or by the FCA under sections46 250, 261L24 or 294 of the Act (Modification or waiver of rules46) or regulation 7 of the OEIC Regulations (see SUP 8 and REC 3.3).3
K-ASA requirement
15the part of the K-factor requirement calculated on the basis of the ASA of a MIFIDPRU investment firm in accordance with MIFIDPRU 4.9 (K-ASA requirement).
habitual residence
- (a) if the policyholder is an individual, the address given by the policyholder as his residence if it reasonably appears to be a residential address and there is no evidence to the contrary;
- (b) if the policyholder is not an individual or a group of individuals, the State in which the policyholder has its place of establishment, or, if it has more than one, its relevant place of establishment;
- (c) in respect of the variation of a life policy, or the purchase of a pension annuity related to a life policy, unless there is evidence to the contrary, the habitual residence of the policyholder at the date on which the policyholder signed the proposal for the life policy.1
valuation exposure
22means the amount of a valuation position that is sensitive to the movement in a valuation input.
C&C
185the Cheque & Credit 190regulated payment system designated by HM Treasury under section 43 of FSBRA.COLL 4.2.5R(3)(c-b)(ii)
facilities
(in relation to a recognised body) the facilities and services which it provides in the course of carrying on exempt activities2. References155 to the use of the facilities of an RIE125or RAP136136 are to be construed as follows:25
- 25 59
- 25 59
- 25 59
- 25 59
- 25
- (a) dealings or transactions on an RIE or RAP136125are references to dealings or transactions which are effected by means of the RIE's or RAP’s136125facilities or which are governed by the rules of the RIE125or RAP136;15559
- (b) references to the use of the facilities of an RIE136or RAP136125include use which consists of any such dealings or entering into any such transactions.59
P2P agreement
- (a) (in relation to a borrower) in accordance with article 36H of the Regulated Activities Order, an agreement by which one person provides another person with credit (within the meaning of article 60L of the Regulated Activities Order) and in relation to which:140
- (i) the operator of the electronic system in relation to lending which facilitates the agreement does not provide credit (within that meaning), assume the rights (by assignment or operation of law) of a person who provided credit, or receive credit under the agreement; 140
- (ii) the borrower is an individual; and140
- (iii) either condition (A) or (B) is satisfied:140
- (b) (in relation to a lender) in accordance with article 36H of the Regulated Activities Order, an agreement by which one person provides another person with credit (within the meaning of article 60L of the Regulated Activities Order) and in relation to which either:140
- (i) the lender is an individual or was an individual at the time the agreement was entered into; or140
- (ii) if the lender is not an individual or was not an individual at the time the agreement was entered into, either condition (A) or (B) is satisfied, or was satisfied at the time the agreement was entered into:140
113
valuation input
means a market observable or non-observable parameter or matrix of parameters that influences the fair value of a valuation position.
qualified investor scheme
an authorised fund whose instrument constituting the fund24 contains the statement in COLL 8.2.6 R 1(2) (Table: contents of the instrument constituting the fund24) that it is a qualified investor scheme.
half-yearly accounting period
(in COLL) a period determined in accordance with COLL 6.8.2 R (2) (Accounting periods).16
railway rolling stock
(in relation to a class of contract of insurance) the class of contract of insurance, specified in paragraph 5 of Part I of Schedule 1 to the Regulated Activities Order (Contracts of general insurance), against loss of or damage to railway rolling stock.5
2013 Pensions Regulations
176the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 (SI 2013/2734).
safeguarded-flexible benefits risk warning
163A written communication to a member of a personal pension scheme or stakeholder pension scheme which is required by Regulation 8A of the Pension Schemes Act 2015 (Transitional Provisions and Appropriate Independent Advice) Regulations 2015 (SI 2015/742).
joint enterprise
(as defined in article 3(1) of the Regulated Activities Order (Interpretation)) an enterprise into which two or more persons ("the participators") enter for commercial purposes related to a business or businesses (other than the business of engaging in a regulated activity) carried on by them; where a participator is a member of a group, each other member of the group is also to be regarded as a participator in the enterprise. 1
K-AUM requirement
15the part of the K-factor requirement calculated on the basis of the AUM of a MIFIDPRU investment firm in accordance with MIFIDPRU 4.7 (K-AUM requirement).
table of FCA controlled functions
125the table of controlled functions in SUP 10A.4.4 RS.
UCITS custodial assets
69 financial instruments of a UCITS that can be:
- (a) registered in a financial instruments account opened in the depositary’s books; or
- (b) physically delivered to the depositary.
- [Note: article 22(5) of the UCITS Directive and article 12 of the UCITS level 2 regulation]70
DA levy
127the levy payable to the FCA in respect of the provision of debt advice by the Devolved Authorities under FEES 7B.
warning notice
a notice issued by the appropriate regulator46 in accordance with section 387 of the Act (Warning notices).3
national bureau
(in relation to an EEA State) a professional organisation which:
- (a) has been constituted in that State in accordance with Recommendation No 5 adopted on 25 January 1949 by the Road Transport Sub-committee of the Inland Transport Committee of the United Nations Economic Commission for Europe; and
- (b) groups together insurance undertakings which in that State are authorised to conduct the business of motor vehicle liability insurance.2
P2P platform operator
140a person carrying on an activity of the kind specified by article 36H(1) or 36H(2D) of the Regulated Activities Order.
MAD
(in LR) the Market Abuse Directive.28
land-related agreement
51(in CONC App 1.1) a credit agreement which is
- (a) intended primarily to finance the acquisition or retention of land; or
- (b) intended to finance the renovation or improvement of a building,
or any other credit agreement secured by a legal mortgage on land or, in Scotland, by a standard security within the meaning of the Conveyancing and Feudal Reform (Scotland) Act 1970.
national guarantee fund
(in relation to an EEA State) a body which:
- (a) has been set up or authorised in that State in accordance with article 1(4) of Council Directive (84/5/EEC); and
- (b) provides compensation for damages to property or personal injuries caused by unidentified vehicles for which the insurance obligation provided for in article 1(1) of that Directive has not been satisfied.2
range
28see range of packaged products and range of stakeholder products.
JCB
3the JCB International IFR card payment system.
occupational pension scheme
- (a) (a scheme24 specified in article 3(1) of the Regulated Activities Order (Interpretation)) which is, in summary, a pension scheme established for the purpose of providing benefits to people with service in employments of a prescribed description.24
Handbook
the FCA Handbook.36
2015 Interchange Regulations
129(in FEES 9) The Payment Card Interchange Fee Regulations 2015 (SI 2015/1911).
TA EMI firm
86a person who has temporary EMI authorisation.
zillmerising
4the method known by that name for modifying the net premium reserve method of valuing a long-term insurance contract by increasing the part of the future premiums for which credit is taken so as to allow for initial expenses.
land vehicles
(in relation to a class of contract of insurance) the class of contract of insurance, specified in paragraph 3 of Part I of Schedule 1 to the Regulated Activities Order (Contracts of general insurance), against loss of or damage to vehicles used on land, including motor vehicles but excluding railway rolling stock.2
K-CMG permission
15a permission granted to a MIFIDPRU investment firm in accordance with MIFIDPRU 4.13.9R allowing the firm to calculate a K-CMG requirement in respect of a portfolio.
P2P portfolio
182a collection of agreements that consist wholly of P2P agreements or a combination of P2P agreements and non-P2P agreements facilitated by an operator of an electronic system in relation to lending with the aim of achieving a target rate for a lender.
Bacs
60the Bacs 62regulated payment system designated by HM Treasury under section 43 of FSBRA.