Related provisions for MCOB 10.3.12
Overseas firm (other than an incoming EEA firm) |
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TC applies in respect of employees who carry on activities from an establishment maintained by the firm (or its appointed representative) in the United Kingdom and TC also applies insofar as an activity is carried on from an establishment maintained by the firm (or its appointed representative or, where applicable, its tied agent) in, and within the territory of, another EEA State |
TC does not apply |
TC applies in respect of employees who carry on activities from an establishment maintained by the firm (or its appointed representative) in the United Kingdom |
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TC applies in respect of employees who carry on activities from an establishment maintained by the firm (or its appointed representative) in the United Kingdom and TC also applies in respect of employees who engage in or oversee activities from a branch established in another EEA state |
TC does not apply |
TC does not apply |
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TC applies if the customer is resident in the United Kingdom at the time the regulated mortgage activity or reversion activity is carried on and TC also applies if the customer is resident in another EEA State (at the time that the activity is carried on) but only if the activity is carried on from an establishment maintained by the firm or its appointed representative in the United Kingdom |
Same as for UK domestic firm |
Same as for UK domestic firm |
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Any other activity in Appendix 1 |
TC applies in respect of employees who carry on these activities from an establishment maintained by the firm (or its appointed representative) in the United Kingdom and TC also applies in respect of employees who carry on activities with or for a client in the United Kingdom |
TC applies in respect of its employees who carry on activities from an establishment maintained by the firm (or its appointed representative) in the United Kingdom |
TC applies in respect of its employees who carry on activities from an establishment maintained by the firm (or its appointed representative) in the United Kingdom |
1Activity |
Products/Sectors |
Is there an appropriate examinationrequirement? |
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Designated investment business carried on for a retail client |
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Providing basic advice |
1. |
Stakeholder products excluding a deposit-based stakeholder product |
No |
Advising |
2. |
Securities which are not stakeholder pension schemes or broker funds |
Yes |
3. |
Yes2 |
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4. |
Packaged products which are not broker funds |
Yes2 |
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5. |
Friendly Societylife policies where the employee is not reasonably expected to receive a remuneration of greater than £1000 a year in respect of such sales |
No2 |
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6. |
Friendly Society tax-exempt policies |
Yes2 |
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7. |
Yes2 |
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8. |
Investments in the course of corporate finance business |
Yes2 |
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9. |
Yes2 |
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Undertaking the activity in column 2 |
10. |
Yes |
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11. |
Yes2 |
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Advising and dealing |
12. |
Securities which are not stakeholder pension schemes or broker funds |
Yes |
13. |
Yes2 |
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Managing |
14. |
Yes |
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Overseeing on a day-to-day basis |
15. |
Operating a collective investment scheme or undertaking the activities of a trustee or depositary of a collective investment scheme |
Yes |
16. |
Safeguarding and administering investments or holding client money |
Yes2 |
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17. |
Administrative functions in relation to managing investments |
Yes2 |
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18. |
Administrative functions in relation to effecting or carrying out contracts of insurance which are life policies |
Yes2 |
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19. |
Administrative functions in relation to the operation of stakeholder pension schemes |
Yes2 |
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Regulated mortgage activity and reversion activity carried on for a customer |
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Advising |
20. |
Regulated mortgage contracts for a non-business purpose |
Yes |
21. |
Yes2 |
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Designing scripted questions for non-advised sales |
22. |
Yes |
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Overseeing non-advised sales on a day-to-day basis |
23. |
Yes |
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Non-investment insurance business carried on for a consumer |
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Advising |
24. |
No |
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Notes: |
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1. |
In the Appendix the heading and types of business specified in the headings are to be read in conjunction with the paragraphs appearing beneath them. |
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2. |
Thus, for example, paragraph 24, under the final heading, refers only to advice on non-investment insurance contracts given to a consumer. |