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financial entity

  1. (1)155 139(in MIFIDPRU) any of the following:
    1. (a)155 a MIFIDPRU investment firm (including a collective portfolio management investment firm);
    2. (b)155 a collective portfolio management firm;
    3. (c)155 an entity established in a third country that is subject to an assets under management-based financial resources requirement that is similar to the K-AUM requirement;
    4. (d)155 an insurance undertaking where the following conditions are met:
      1. (i)155 the insurance undertaking forms part of the same financial conglomerate as the firm that is applying the definition of a financial entity for the purposes of MIFIDPRU 4; and
      2. (ii)155 the FCA is the coordinator for the financial conglomerate in (a); or
    5. (e)155 an undertaking (“A”) where the following conditions are met:
      1. (i)155 A forms part of the same investment firm group as the firm that is applying the definition of a financial entity for the purposes of MIFIDPRU 4 (“B”);
      2. (ii)155 the investment firm group in (a) is subject to prudential consolidation under MIFIDPRU 2.5; and
      3. (iii)155 both A and B are included within the consolidated situation of the UK parent entity of the investment firm group in (a).
  2. 155 (2) (in MAR 10) any of the following:
    1. (a) a MiFID investment firm authorised as such by means of a Part 4A permission or an investment firm authorised in accordance with MiFID;
    2. (b) a CRD credit institution or a credit institution authorised in accordance with CRD;
    3. (c) an insurance undertaking authorised as such by means of a Part 4A permission or in accordance with Directive 73/239/EEC;
    4. (d) an assurance undertaking authorised as such by means of a Part 4A permission or in accordance with Directive 2002/83/EC of the European Parliament and of the Council;
    5. (e) a reinsurance undertaking authorised as such by means of a Part 4A permission or in accordance with Directive 2005/68/EC of the European Parliament and of the Council;
    6. (f) a UCITS and, where relevant, its management company, authorised as such by means of a Part 4A permission or in accordance with the UCITS Directive;
    7. (g) an occupational pension scheme or an institution for occupational retirement provision within the meaning of article 6(a) of Directive 2003/41/EC of the European Parliament and of the Council;
    8. (h) an alternative investment fund managed by an AIFM:
      1. (i) authorised as such by means of a Part 4A permission;
      2. (ii) authorised or registered in accordance with the AIFMD; or
      3. (iii) registered as such pursuant to the AIFMD UK regulation;
    9. (i) a CCP authorised in accordance with EMIR or recognised as such by means of a recognition order under Part XVIII of the Act;
    10. (j) a central securities depositary authorised in accordance with Regulation (EU) No 909/2014 of the European Parliament and of the Council or recognised as such by means of a recognition order under Part XVIII of the Act; and
    11. (k) a third-country entity if it would require authorisation under any of the legislation in (a)-(j) if it was based in the United Kingdom and subject to UK law.