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personal investment firm

(1) (except in SUP 16 and subject to BIPRU TP 1 (Revised definition of personal investment firm for certain transitional purposes)) 43126435a firm whose permitted activities include designated investment business, which is not an authorised professional firm, bank, BIPRU investment firm,43 ELMI, building society, credit union, energy market participant, friendly society, ICVC, insurer, media firm, oil market participant, service company, incoming EEA firm (without a top-up permission ), incoming Treaty firm (without a top-up permission), UCITS management company or UCITS qualifier (without a top-up permission), whose permission does not include a requirement that it comply with IPRU(INV) 3 (Securities and futures firms) or52 5 (Investment management firms) , and which is within (a), (b) or (c):

  1. (a) a firm:
    1. (i) which was a member of PIA immediately before commencement; and
    2. (ii) which was not, immediately before commencement , subject to the financial supervision requirements of the FSA (under section 43 of the Financial Services Act 1986), or IMRO or SFA (under lead regulation arrangements);
  2. (b) a firm whose permission includes a requirement that it comply with IPRU(INV) 13 (Personal investment firms);
  3. (c) a firm:
    1. (i) which was given a Part IV permission after commencement, or which was authorised under section 25 of the Financial Services Act 1986 immediately before commencement and not a member of IMRO, PIA or SFA; and
    2. (ii) for whomthe most substantial part of its gross income, including commissions ,from the regulated activities included in its Part IV permission is derived from one or more of the following activities (based, for a firm given a Part IV permission after commencement, on the business plan submitted as part of the firm's application for permission or, for a firm authorised under section 25 of the Financial Services Act 1986, on the firm's financial year preceding its authorisation under the Act):
      1. (A) advising on investments , or arranging (bringing about) deals in investments , in relation to packaged products;
      2. (B) managing investments for61 retail clients 61 .

(2) (in SUP 16) as in (1) but excluding the words 'BIPRU investment firm'.43