Related provisions for PERG 4.4.6
81 - 100 of 103 items.
In the FSA's view, the circumstances in which a person is giving advice on the borrower varying the terms of a regulated mortgage contract so as to vary his obligations under the contract include (but are not limited to) where the advice is about:(1) the borrower obtaining a further advance secured on the same land as the original loan; or(2) a rate switch or a product switch (that is, where the borrower does not change lender but changes the terms for repayment from, say, a variable
The Ombudsman can consider a complaint under the Voluntary Jurisdiction if:426(1) it is not covered by the Compulsory Jurisdiction or the Consumer Credit Jurisdiction; and426(2) it relates to an act or omission by a VJ participant in carrying on one or more of the following activities:(a) an activity carried on after 28 April 1988 which:(i) was not a regulated activity at the time of the act or omission, but(ii) was a regulated activity when the VJ participant joined the Voluntary
(1) Upon the happening of any of the events or dates referred to in paragraph (2) and not otherwise:(a) COLL 6.2 (Dealing), COLL 6.3 (Valuation and pricing) and COLL 5 (Investment and borrowing powers) cease to apply to the AUT;(b) the trustee must cease to issue and cancel units;(c) the manager must cease to sell and redeem units; (d) the manager must cease to arrange the issue or cancellation of units under COLL 6.2.7 R (Issue and cancellation of units through an authorised
For the purposes of BIPRU 12.3.22R, a firm must, in relation to all currencies in which it has significant positions and all jurisdictions in which it carries on significant business activities, ensure that it:(1) can calculate all of its collateral positions, including assets currently provided as collateral, relative to the total amount of security required;(2) can calculate the amount of unencumbered assets available to it to be provided as collateral;(3) can mobilise collateral
To be an eligible complainant a person must also have a complaint which arises from matters relevant to one or more of the following relationships with the respondent:125(1) the complainant is (or was) a customer or
payment service user3
of the respondent;(2) the complainant is (or was) a potential customer or
payment service user3
of the respondent;(3) the complainant is the holder, or the beneficial owner, of units in a collective investment scheme and the respondent is the
A firm must ensure that the offer document contains a prominent statement:(1) of the period for which the offer is valid;(2) explaining, where the regulated mortgage contract contains features, such as additional unsecured borrowing facilities, which could result in the customer borrowing more money, that where such features are used, the amount of the customer's debt will increase;(3) explaining when any interest rate change on the regulated mortgage contract takes effect. This
This appendix sets out the approach and standards which firms should use when investigating complaints relating to the sale of endowment policies for the purposes of achieving capital repayment of a mortgage. It is not intended to be comprehensive. It is primarily concerned with the assessment of whether the complainant may have suffered financial loss, and if so, how much that loss is, and therefore what amount a firm should consider offering by way of fair and appropriate compensation
An issuer of securities other than shares admitted to trading on a regulated market must disclose to the public without delay any changes in the rights of holders of securities other than shares, including changes in the terms and conditions of such securities which could indirectly affect those rights, resulting in particular from a change in loan terms or in interest rates.[Note article 16(2) of the TD]
A firm may determine exposures arising from long settlement transactions using any of the CCR mark to market method, the CCR standardised method and the CCR internal model method, regardless of the methods chosen for treating financial derivatives instruments and repurchase transactions, securities or commodities lending or borrowing transactions, and margin lending transactions. In calculating capital requirements for long settlement transactions, a firm that uses the IRB approach
Notwithstanding BIPRU 3.6.20 R, when an exposure arises through a firm's participation in a loan that has been extended by a multilateral development bank whose preferred creditor status is recognised in the market, the credit assessment on the obligors' domestic currency item may be used for risk weighting purposes.[Note: BCD Annex VI Part 3 point 17]
If the person with or for whom the firm is carrying on an activity is acting through an agent, the ability of the firm to treat the agent as its client under COBS 2.4.3 R3 (Agent as client) will not be available. For example, if a general insurer is effecting a general insurance contract through a general insurance broker who is acting as agent for a disclosed policyholder, the policyholder will be a client of the firm and the firm must comply with the Principles accordingly.
When considering where to place client money and to determine the frequency
of the appropriateness test under CASS 5.5.43 R, a firm should
consider taking into account, together with any other relevant matters:(1) the
capital of the bank;(2) the
amount of client money placed,
as a proportion of the bank's capital and deposits;(3) the
credit rating of the bank (if available); and(4) to
the extent that the information is available, the level of risk in the investment
and loan activities