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establishment conditions

    (in relation to the establishment of a branch in the United Kingdom) the conditions specified in paragraph 13 of Schedule 3 to the Act (EEA Passport Rights), which are that:

      1. (a) if the firm falls within paragraph (a), (b), (c), (d) or (f) in the definition of "EEA firm":16
        1. (i)...
      1. (b) if the firm falls within paragraph (e) in the definition of "EEA firm":16
        1. (i) the EEA firm has given its Home State regulator notice of its intention to establish a branch in the United Kingdom;16
        1. (ii) the FSA has received notice ("a regulator's notice") from the firm's Home State regulator that the firm intends to establish a branch in the United Kingdom;16
        1. (iii) the EEA firm's Home State regulator has informed it that the regulator's notice has been sent to the FSA ; and16
        1. (iv) one month has elapsed beginning with the date on which the EEA firm's Home State regulator informed the firm that it had sent the regulator's notice to the FSA .16
      1. (c) the EEA firm has been informed of the applicable provisions or two months have elapsed beginning with the date when the FSA received the consent notice.4