Related provisions for PERG 2.7.9
This table belongs to IPRU-INV 2.1.1R
TYPE OF BUSINESS ACTIVITY |
CHAPTER OF SOURCEBOOK |
(i) managing investments other than for retail clients; or |
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(ii) OPS activity; or |
Investment management firm (which is an exempt CAD firm) - IPRU-INV 5 and 9 |
(iii) [deleted] |
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(iv) [deleted] |
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(ivb) managing an AIF; or |
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(v) acting as a residual CIS operator; or |
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(va) establishing, operating or winding up a personal pension scheme; or |
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(i) advising on, or arrangingdeals in, packaged products; or |
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(ii) managing investments for retail clients; |
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(i) a regulated activity carried on as a member of an exchange; or |
Securities and futures firm (which is an exempt CAD firm) - IPRU-INV 9 |
(ii) acting as a market maker in securities or derivatives; or |
Securities and futures firm (which is not a MiFID investment firm) - IPRU-INV 3 |
(iii) corporate finance business; or |
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(iv) dealing or arranging deals in securities or derivatives, other than interprofessional investments; or |
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(v) the provision of clearing services as a clearing firm; or |
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(vi) spread betting; |
Table Controlled activities
1. |
Accepting deposits |
2. |
Effecting and carrying out contracts of insurance |
3. |
Dealing in securities and contractually based investments |
4. |
Arranging deals in investments |
4A.4 |
|
104B. |
Credit broking |
104C. |
Operating an electronic system in relation to lending |
5. |
Managing investments10 |
105A. |
Debt adjusting |
105B. |
Debt counselling |
6. |
Safeguarding and administering investments |
7. |
Advising on investments |
8. |
Advising on syndicate participation at Lloyd's |
9. |
Providing funeral plan contracts |
10. |
Providing qualifying credit |
11.3 3 |
Arranging qualifying credit etc |
12.3 3 |
Advising on qualifying credit etc10 |
1012A. |
Providing relevant consumer credit |
1012B. |
Providing consumer hire |
313. |
Providing a home reversion plan |
314. |
Arranging a home reversion plan |
315. |
Advising on a home reversion plan |
316. |
Providing a home purchase plan |
317. |
Arranging a home purchase plan |
318. |
Advising on a home purchase plan |
718A. |
Providing a regulated sale and rent back agreement |
718B. |
Arranging a regulated sale and rent back agreement |
718C. |
Advising on a regulated sale and rent back agreement |
19.3 3 |
Agreeing to do anything in 3 to 18C7 above 37 |
1Activity |
Products/Sectors |
Is there an appropriate qualification4requirement? 4 |
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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, personal pension schemes7 or broker funds |
Yes |
3. |
Yes2 |
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4. |
Packaged products6Retail investment products6 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 (other than Holloway sickness policies where the Holloway policy special application conditions are met)5 |
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, personal pension schemes7 or broker funds |
Yes |
13. |
Yes2 |
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4Dealing |
13A.8 |
Securities which are not stakeholder pension schemes, personal pension schemes7 or broker funds |
No |
No |
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13C. |
No |
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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 |
|
17. |
Administrative functions in relation to managing investments |
Yes2 |
|
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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Mortgage Activity10 and reversion activity carried on for a customer 10 |
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910Advising; arranging (bringing about) an execution-only sale, excluding variations to an existing home finance transaction except where the effect is to change all or part of the home finance transaction from one interest rate to another. See Note 3, which for the avoidance of doubt forms part of this rule. |
20 |
Regulated mortgage contracts for a non-business purpose |
Yes |
20A |
Regulated mortgage contracts for a business purpose |
No |
|
21 |
Yes |
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9Designing scripted questions for execution-only sales |
21A |
Regulated mortgage contracts for a non-business purpose |
Yes |
21B |
Regulated mortgage contracts for a business purpose |
No |
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22 |
Yes |
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Overseeing execution-only sales on a day-to-day basis9 9 |
23. |
Yes |
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11MCD credit agreement activities carried on for consumers |
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11manufacturing |
23A |
No |
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11entering into a regulated mortgage contract or entering into a regulated credit agreement as lender |
23B |
No |
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11arranging (bringing about) regulated mortgage contracts or acting as an MCD credit broker |
23C |
No |
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11advising on a regulated mortgage contract or advising on a regulated credit agreement for the acquisition of land |
23D |
No |
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11directly managing or supervising employees who carry on any of the MCD credit agreement activities 23A to 23D |
23E |
No |
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Non-investment insurance business carried on for a consumer |
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Advising |
24. |
No |
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3Regulated sale and rent back activity carried on for a customer |
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Advising |
25. |
No |
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Overseeing an execution-only sale10 on a day-to-day basis 10 |
26. |
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 24consistent with the heading above it3, refers only to advice on non-investment insurance contracts given to a consumer.10 3 |
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103. |
For the purpose of product numbers 20, 20A and 21 the activity of arranging (bringing about) referred to in the activity column: (a) includes activity which would be arranging (bringing about) but for the exclusion in article 28A of the Regulated Activities Order; and (b) does not include activities which taken on their own would not fall within the definition of that activity. For these purposes no account should be taken of the fact that for an activity to be a regulated activity it must be carried on by way of business (see PERG 4.3). |
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4. |
In this Appendix, paragraphs 23A, 23B, 23C, 23D and 23E relate to the implementation of article 9(1) of the MCD. The specified activities do not, in and of themselves, attract a qualification requirement. However, where those activities overlap with those specified under the heading "mortgage activity and reversion activity carried on for a customer", qualification requirements may apply. |