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competent authority

153

  1. (1) (in relation to the functions referred to in Part VI of the Act)
    1. (a) the FCA, or the functions referred to in Part VI of the Act under the laws of
    2. (b) an authority exercising functions corresponding to the functions referred to in Part VI of the Act under the laws of another EEA State.
  2. (2) (in relation to the exercise of an EEA right and the exercise of the overseas financial stability information power) a competent authority for the purposes of the relevant Single Market Directive or the auction regulation.
  3. (3) (in relation to a group, and for the purposes of SYSC 12 (Group risk systems and controls requirement), GENPRU and172 BIPRU 172, any national authority of an EEA State which is empowered by law or regulation to supervise regulated entities, whether on an individual or group-wide basis.
  4. (4) the authority, designated by each EEA State in accordance with Article 48 of MiFID, unless otherwise specified in MiFID.[Note: article 4(1)(22) of MiFID]

  1. (5) (in REC) in relation to an investment firm or credit institution, means the competent authority in relation to that firm or institution for the purposes of MiFID.
  2. (6) (in COBS 13.4) the authority designated by each EEA State in accordance with Article 11 of the Market Abuse Directive.[Note: article 1(7) of the Market Abuse Directive]
  3. (7) the authority designated by each EEA State in accordance with article 32 of the short selling regulation.
  4. (8) (for an AIF) the national authorities of an EEA State which are empowered by law or regulation to supervise AIFs.
  5. (9) (for an AIFM) a national authority in an EEA State which is empowered by law or regulation to supervise AIFMs.
  6. (10) (for the purposes of IFPRU) has the meaning in article 4(1)(40) of the EU CRR.

[Note: This definition is based on the definition contained in the CRD (Consequential Amendments) Instrument 2006 which was consulted on in the consultation paper Strengthening Capital Standards 2 (CP 06/3)]