Related provisions for BIPRU 7.9.27
21 - 40 of 49 items.
Where there is a clean-up call option, the following conditions must be satisfied:(1) the clean-up call option is exercisable at the discretion of the originator;(2) the clean-up call option may only be exercised when 10% or less of the original value of the exposuressecuritised remains unamortised; and(3) the clean-up call option is not structured to avoid allocating losses to credit enhancement positions or other positions held by investors and is not otherwise structured to
(1) Any power in this chapter to invest in transferable securities may be used for the purpose of entering into transactions to which this rule applies, subject to compliance with any restriction in the instrument constituting the scheme.(2) This rule applies to any agreement or understanding which:(a) is an underwriting or sub-underwriting agreement; or(b) contemplates that securities will or may be issued or subscribed for or acquired for the account of the authorised fund.(3)
For the purposes of article 53 of the Regulated Activities Order, a security or relevant investment is any one of the following:(1) shares;(2) debentures;(3) government and public securities;(4) warrants;(5) certificates representing certain securities;(6) units in collective investment schemes;(7) stakeholder pension schemes or personal pension schemes1;(8) options;(9) futures;(10) contracts for differences;(11) contracts of insurance;(12) funeral plan contracts;(13) rights to
A firm may calculate the PRR for a position falling into BIPRU 7.1.9R by applying by analogy the rules relating to the calculation of the interest rate PRR, the equity PRR, the commodity PRR, the foreign currency PRR2, the option PRR or the collective investment undertaking PRR if doing so is appropriate and if the position and PRR item are sufficiently similar to those that are covered by those rules.
Table Controlled investments
1. |
A deposit. |
2. |
Rights under a contract of insurance. |
3. |
Shares etc. |
4 |
Instruments creating or acknowledging indebtedness (referred to in the Glossary as debentures) |
5. |
Government and public securities. |
6. |
Instruments giving entitlement to investments (referred to in the Glossary as warrants). |
7. |
Certificates representing certain securities. |
8. |
Units in a collective investment scheme. |
9. |
Rights under a stakeholder pension scheme or a personal pension scheme2. |
10. |
Options. |
11. |
Futures. |
12. |
Contracts for differences etc. |
13. |
Lloyd's syndicate capacity and syndicate membership. |
14. |
Funeral plan contracts |
15. |
Agreements for qualifying credit |
316. |
Rights under a home reversion plan. |
317. |
Rights under a home purchase plan. |
18.3 3 |
Rights to or interests in anything falling under 1 to 143 above. 3 |
In the opinion of the
FSA
, the following factors are to be taken into account in determining whether or not a person's behaviour amounts to market abuse (manipulating transactions): (1) the extent to which the person had a direct or indirect interest in the price or value of the qualifying investment or related investment;(2) the extent to which price, rate or option volatility movements, and the volatility of these factors for the investment in question,
If the actuary2 is an employee of the firm, the ordinary incentives of employment, including profit-related pay, share options or other financial interests in the firm or any associate, give rise to a conflict of interest only where they are disproportionate, or exceptional, relative to those of other employees of equivalent seniority.2
Specified investments (other than securities or options in relation to securities) falling within the same article in Part III of the Regulated Activities Order will normally be regarded as being assets of the same type. Securities falling within the same article in Part III of the Regulated Activities Order which may be given the same generic description (for example, shares admitted to the UK official list) will normally be regarded as being of the same type. Options in relation
(1) This rule applies to a prospectus relating to:(a) equity shares;(b) warrants or options to subscribe for equity shares, that are issued by the issuer of the equity shares; and(c) other transferable securities that have similar characteristics to transferable securities referred to in paragraphs (a) or (b).(2) Each of the following persons are responsible for the prospectus:(a) the issuer of the transferable securities;(b) if the issuer is a body corporate:(i) each person who
1In determining what is essential information, a firm should consider including:(1) for transactions in a derivative:(a) the maturity, delivery or expiry date of the derivative;(b) in the case of an option, a reference to the last exercise date, whether it can be exercised before maturity and the strike price;(c) if the transaction closes out an open futures position, all essential details required in respect of each contract comprised in the open position and each contract by
Examples of uncovered open positions include:(1) selling a call option on an investment not held in the portfolio;(2) unsettled sales of call options on currency in amounts greater than the portfolio's holding of that currency in cash or in readily realisable investments denominated in that currency; and (3) transactions having the effect of selling an index to an amount greater than the portfolio's holdings of investments included in that index.
When providing a periodic statement to a retail client, a firm should consider whether to include:(1) the collateral value in respect of any contingent liability transaction in the client's portfolio during the relevant period; and(2) option account valuations in respect of each open option written by the client in the client's portfolio at the end of the relevant period; stating:(a) the share, future, index or other investment involved;(b) the trade price and date for the opening
Principle 11 requires firms to be open and cooperative with the FSA. A firm should discuss with the FSA, at the earliest opportunity, any prospective changes of which it is aware, in controllers' or proposed controllers' shareholdings or voting power (if the change is material). These discussions may take place before the formal notification requirement in SUP 11.4.2 R, R or SUP 11.4.4 R arises. (See also SUP 11.3.2 G). As a minimum, the FSA considers that such discussions should