group
- 43(1) (except in relation to an ICVC and except for the purposes of20
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(Group risk systems and controls requirement)9 and LR)14 as defined in section 421 of the Act (Group) (in relation to a person ("A")) A and any person who is:
- (a) a parent undertaking of A;
- (b) a subsidiary undertaking of A;
- (c) a subsidiary undertaking of a parent undertaking of A;
- (d) a parent undertaking of a subsidiary undertaking of A;
- (e) an undertaking in which A or an undertaking in (a) to (d) has a participating interest;
- (f) if A or an undertaking in (a) or (d) is a building society, an associated undertaking of that building society;
- (g) if A or an undertaking in (a) or (d) is an incorporated friendly society, a body corporate of which that friendly society has joint control (as defined in section 13(9)(c) or (cc) of the Friendly Societies Act 1992); in this definition:
- (i) "participating interest" has the same meaning as in28:28
- (A) Part VII of the Companies Act 1985 or Part VIII of the Companies (Northern Ireland) Order 1986, where these provisions are applicable; or28
- (B) paragraph 11(1) of Schedule 10 to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 (SI 2008/410) where applicable; or 28
- (C) paragraph 8 of Schedule 7 to the Small Companies and Groups (Accounts and Directors' Report) Regulations 2008 (SI 2008/409); 28
- (ii) "associated undertaking" has the meaning given in section 119(1) of the Building Societies Act 1986.
- (i) "participating interest" has the same meaning as in28:28
- (2) (in relation to an ICVC) a group as in (1) but (in18 SYSC) including also the ICVC's authorised corporate director (if any).(see also immediate group)
- (3) (for the purposes of20
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(Group risk systems and controls requirement) and in relation to a person "A")) A and any person:9
- (a) who falls into (1); 9
- (b) who is a member of the same financial conglomerate as A; 9
- (c) who has a consolidation Article 12(1) relationship with A;9
- (d) who has a consolidation Article 12(1) relationship with any person in (3)(a);9
- (e) who is a subsidiary undertaking of a person in (3)(c) or (3)(d); or 9
- (f) whose omission from an assessment of the risks to A of A's connection to any person coming within (3)(a)-(3)(e) or an assessment of the financial resources available to such persons would be misleading.9
- (4) (in LR):
- (a) (except in LR 6.1.19 R, LR 8.3.6 R, LR 8.3.7 G and 24) an issuer and its subsidiary undertakings (if any); and14
- (b) in LR 6.1.19 R, LR 8.3.6 R, LR 8.3.7 G and LR 8.7.8R (10),24 as defined in section 421 of the Act.14
- (5) (in relation to a common platform firm) means the group of which that firm forms a part, consisting of a parent undertaking, its subsidiaries and the entities in which the parent undertaking or its subsidiaries hold a participation, as well as undertakings linked to each other by a relationship within the meaning of Article 12(1) of Directive 83/349/EEC on consolidated accounts.19
[Note: article 2(5) of the MiFID implementing Directive]19