group
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- (1) (except as specified in this definition80) 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: In (A) to (E), the meaning also includes an interest held by an individual which would be a participating interest for the purposes of those provisions if he were an undertaking.
- (i) "participating interest" has the same meaning as in:
- (A) Part VII of the Companies Act 1985 or Part VIII of the Companies (Northern Ireland) Order 1986, where these provisions are applicable; or
- (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
- (C) paragraph 8 of Schedule 7 to the Small Companies and Groups (Accounts and Directors' Report) Regulations 2008 (SI 2008/409) where applicable; or
- (D) paragraph 8 of Schedule 4 to the Large and Medium-sized Limited Liability Partnerships (Accounts) Regulations 2008 (SI 2008/1913) where applicable; or
- (E) paragraph 8 of Schedule 5 to the Small Limited Liability Partnerships (Accounts) Regulations 2008 (SI 2008/1912) where applicable;
- (ii) "associated undertaking" has the meaning given in section 119(1) of the Building Societies Act 1986.
- (2) (in relation to an ICVC) a group as in (1) but (in SYSC) including also the ICVC's authorised corporate director (if any). (see also immediate group)
- (3) (for the purposes of SYSC 12 (Group risk systems and controls requirement), as applicable to a MIFIDPRU investment firm77 and in relation to a person "A")) A and any person:
- (a) who falls into (1);
- (b) who is a member of the same financial conglomerate as A;
- (c) who has a consolidation Article 12(1) relationship with A;
- (d) who has a consolidation Article 12(1) relationship with any person in (3)(a);
- (e) who is a subsidiary undertaking of a person in (3)(c) or (3)(d); or
- (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.
- (3A) [deleted]77
- 60 (3B) (for the purposes of SYSC 12 (Group risk systems and controls requirement), as applicable to a firm to which the dual-regulated firms Remuneration Code applies and in relation to a person “A”), A and any person:
- (a) who falls into (1);
- (b) who is a member of the same financial conglomerate as A;
- (c) who has a consolidation Article 12(1) relationship with A;
- (d) who has a consolidation Article 12(1) relationship with any person in (a);
- (e) who is a subsidiary of a person in (c) or (d); or
- (f) whose omission from an assessment of the risks to A of A’s connection to any person coming within (a) to (e) or an assessment of the financial resources available to such persons would be misleading.
- (4) (in LR):
- (a) (except in 505050 LR 6.4.3G, LR 6.5.3G, LR 6.14.3R, LR 6.14.4G62, LR 8.7.8R (10) 50, LR 14.2.2 R , LR 14.2.3A G, LR 18.2.8 R and LR 18.2.9A G ) an issuer and its subsidiary undertakings (if any); and
- (b)50( in LR 6.4.3G, LR 6.5.3G, LR 6.14.3R, LR 6.14.4G62, 5050 LR 8.7.8R (10) 50,LR 14.2.2 R, LR 14.2.3A G, LR 18.2.8 R and LR 18.2.9A G), as defined in section 421 of the Act.
- (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 68consolidation article 12(1) relationship80.
- (6) (for the purposes of80 MCOB, except in MCOB 11.6.3R(1)80) a group of MCD creditors which are to be consolidated for the purposes of drawing up consolidated accounts, as defined in Directive 2013/34/EU on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings.54[Note: article 4(6) of the MCD]54
- (7)80 (in relation to a Solvency II firm) a group of undertakings that:53
- (a) consists of a participating undertaking, its subsidiary undertakings and the undertakings in which it holds a participation, as well as undertakings linked to each other by a consolidation Article 12(1) relationship; or53
- (b) consists of a mutual-type group.53
- (1) (except as specified in this definition80) as defined in section 421 of the Act (Group) (in relation to a person (“A”)) A and any person who is:
[Note: article 2(5) of the MiFID implementing Directive and article 212(1)(c) of the Solvency II Directive53]