Related provisions for PERG 8.3.4
401 - 420 of 598 items.
In
determining whether or not the particular conduct of an approved
person within his controlled function complies with the Statements of Principle, the following are
factors which, in the opinion of the FSA, are to be taken into account:(1) whether
that conduct relates to activities that are subject to other provisions of
the Handbook;(2) whether
that conduct is consistent with the requirements and standards of the regulatory system relevant to his firm.
(1) The FSA may, at any time, require an issuer to publish such information in such form and within such time limits as it considers appropriate to protect investors or to ensure the smooth operation of the market.(2) If an issuer fails to comply with a requirement under paragraph (1) the FSA may itself publish the information (after giving the issuer an opportunity to make representations as to why it should not be published).
(1) The Senior Management Arrangements, Systems and Controls sourcebook contains high-level record-keeping requirements (see SYSC 3.2.20 R). These require firms to take reasonable care to make and retain adequate records of matters and dealings which are the subject of requirements and standards under the regulatory system, which includes this sourcebook.(2) This sourcebook does not generally have detailed record-keeping requirements: firms will need to decide what records they
The purpose of this chapter is
to implement Article 27 of MiFID,
which deals with the requirements on systematic
internalisersfor pre-trade transparency in shares, the execution of orders on behalf of clients and
standards and conditions for trading. It also provides a rule requiring investment firms to notify the
FSA
when they become, or cease to
be, a systematic internaliser,
and which gives effect to Article 21(4) of the MiFID
Regulation. The chapter
In the FSA's view, for a person to be carrying on the business of advising on investments or making arrangements with a view to transactions in investments, he will usually need to be carrying on those activities with a degree of regularity. The person will also usually need to be carrying on the activities for commercial purposes. That is to say, he will normally be expecting to gain a direct or indirect financial benefit of some kind. Activities carried on out of friendship
In assessing whether a transaction is in the ordinary course of a company's business under this chapter, the FSA will have regard to the size and incidence of similar transactions which the company has entered into. The FSA may determine that a transaction is not in the ordinary course of business because of its size or incidence.
1Under
section 312A of the Act, an EEA market operator may make arrangements
in the United Kingdom to facilitate
access to, or use of, a regulated market or multilateral trading facility operated by
it if:(1) the operator has given its Home State regulator notice of its intention
to make such arrangements; and(2) the Home
State regulator has given the FSA notice of the operator's intention.
This guidance is issued under section 157 of the Act (Guidance). It represents the FSA's views and does not bind the courts. For example, it would not bind the courts in an action for damages brought by a private person for breach of a rule (see section 150 of the Act (Actions for damages)), or in relation to the enforceability of a contract where there has been a breach of sections 19 (The general prohibition) or 21 (Restrictions on financial promotion) of the Act (see sections
In determining whether or not the
conduct of an approved person performing a significant influence function complies with Statements
of Principle 5 to 7, the following are factors which, in the
opinion of the FSA, are to be taken into account:(1) whether
he exercised reasonable care when considering the information available to
him;(2) whether
he reached a reasonable conclusion which he acted on;(3) the
nature, scale and complexity of the firm's business;(4) his
role and responsibility
1A UK RIE must immediately notify the FSA of:(1) significant breaches of its rules; or(2) disorderly trading conditions on any of its markets;[Note: Article 26(2), first sentence (part) and Article 43(2), first sentence (part) of MiFID. The rest of Article 26(2), first sentence (in so far as it relates to market operators operating an MTF) and Article 43(2), first sentence of MiFID is implemented by REC 3.21.1 R (2)]
Where, because of the occurrence of any event or circumstances, a UK recognised body is unable to discharge any regulatory function, it must immediately give the FSA notice of its inability to discharge that function, and inform the FSA:(1) what event or circumstance has caused it to become unable to do so; (2) which of its regulatory functions it is unable to discharge; and(3) what action, if any, it is taking or proposes to take to deal with the situation and, in particular,
An issuer must
ensure that listing particulars for securities referred to in LR 4.1.1 R are approved by the FSA and published in accordance with LR 4.3.5 R.Note:
Under LR 2.2.11 R,
the securities will only be listed if listing
particulars for the securities have
been approved by the FSA and published.