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connected person

  1. (1) (in relation to the287 FCA or PRA's287 consideration of an application for, or of whether to vary or cancel, a287 Part 4A permission 287 ) (in accordance with section 28755R287 of the Act (Persons connected with an applicant)) any person appearing to the287 regulator concerned287 to be, or likely to be, in a relationship with the applicant or person given permission, which is relevant.
  2. (2) (in relation to the287 FCA or PRA's287 power to gather information under section 165 of the Act (287Regulators'287 power to require information)) (in accordance with section 165(11) of the Act) a person who has, or has at any relevant time had, the following relationship with287 another person287 ("A"):
    1. (a) he is a member of A's group;
    2. (b) he is a controller of A;
    3. (c) he is a member of a partnership of which A is a member;
    4. (d) he is or has been an employee of A;
    5. (e) if A is a body corporate, he is or has been an officer, or manager or agent of A or of a parent undertaking of A;
    6. (f) if A is a partnership, he is or has been a member, manager or agent of A;
    7. (g) if A is an unincorporated association of persons which is neither a partnership nor an unincorporated friendly society, he is or has been an officer, manager, or agent of A;
    8. (h) if A is a friendly society, he is or has been an officer or manager of A ("officer" and "manager" having the same meaning as in section 119(1) of the Friendly Societies Act 1992);
    9. (i) if A is a building society, he is or has been an officer of A ("officer" having the same meaning as in section 119(1) of the Building Societies Act 1986);
    10. (j) if A is an individual, he is or has been an agent of A.
  3. (3) (in relation to the287 FCA or PRA's287 powers of investigation under sections 171 and 172 of the Act (Powers of persons appointed under section 167; Additional power of persons appointed as a result of section 168(1) or (4))) (in accordance with section 171(4) of the Act) a person who has, or has at any relevant time had, the following relationship with a person under investigation ("P"):
    1. (a) he has the relationship specified in any of paragraphs (2) (a), (b) or (d) to (j) to P (where references in those paragraphs to A are taken to be references to P);
    2. (b) it is a partnership of which P is a member;
    3. (c) he is the partner, manager, employee, agent, appointed representative, or, where applicable, tied agent,67 banker, auditor, actuary or solicitor of:
      1. (i) P; or
      2. (ii) a parent undertaking of P; or
      3. (iii) a subsidiary undertaking of P; or
      4. (iv) a subsidiary undertaking of a parent undertaking of P; or
      5. (v) a parent undertaking of a subsidiary undertaking of P.3
  4. (4) to follow31
  5. (5) (in DTR and 64 31 LR 3164in relation to a person discharging managerial responsibilities within an issuer) 92has the meaning given to “person closely associated” in article 3(1)(26) of the Market Abuse Regulation194.9292 29
    1. 92(a) [deleted]92
    2. 92(b) [deleted]92
    3. 92(c) [deleted]92
    4. (6) (in CONRED 3):262
      1. (a) a member of the same group as the firm;262
      2. (b) a controller, shareholder or member of the firm;262
      3. (c) a director, other officer or employee of the firm, or of any member of the same group as the firm;262
      4. (d) a close relative of a person falling within sub-paragraph (b) or (c);262
      5. (e) an agent acting on behalf of a person falling within paragraphs (a) to (d); or262
      6. (f) any other person (‘A’) in relation to whom the following conditions are met:262
        1. (i) the firm (or another person falling within sub-paragraphs (a) to (e)) has provided, has agreed to provide or is proposing to provide, a financial benefit to A; and262
        2. (ii) A either:262
          1. (1) is a person who has been directly involved in, or has been responsible for, BSPS advice which has been provided by (or is treated as having been provided by) the firm for the purposes of CONRED 3; or262
          2. (2) is controlled by a person who falls within (1).262