Related provisions for PERG 5.16.1

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SUP 13.7.11GRP
A UK firm providing cross border services under the CRD7 or Insurance Mediation Directive is not required to supply a change to the details of cross border services notice5.3756
SUP 11.2.7GRP
The requirements in SUP 11 implement certain provisions relating to changes in control and close links required under the Single Market Directives.2
SUP 13A.3.2GRP
(1) On qualifying for authorisation, subject to SUP 13A.3.1C G (1),6 an EEA firm (except for an EEA firm that has received authorisation under article 18 of the auction regulation)7 will have permission to carry on each permitted activity (see (3) below) which is a regulated activity.6(2) 6[deleted](3) The permitted activities of an EEA firm (except for an EEA firm that has received authorisation under article 18 of the auction regulation)7 are those activities identified in the
SUP 10C.1.4RRP
2This chapter does not apply to an EEA relevant authorised person if and in so far as the question of whether a person is fit and proper to perform a particular function in relation to that firm is reserved to an authority in a country or territory outside the United Kingdom under:(1) the Single Market Directives;(2) the Treaty;(3) the auction regulation.
SUP 6.2.13GRP
A UK firm which, as well as applying to vary or cancel its Part 4A permission,8 wishes to vary or terminate any business which it is carrying on in another EEA State under one of the Single Market Directives, should follow the procedures in SUP 13 (Exercise of passport rights by UK firms) on varying or terminating its branch or cross border services business.8
COCON 1.1.12RRP
5A person will not be subject to COCON to the extent that it would be contrary to the UK's obligations under a Single Market Directive or the auction regulation.
SUP 13A.7.1GRP
If a person established in the EEA: (1) does not have an EEA right; (2) does not have permission as a UCITS qualifier; and(3) does not have, or does not wish to exercise, a Treaty right (see SUP 13A.3.4 G to SUP 13A.3.11 G);to carry on a particular regulated activity in the United Kingdom, it must seek Part 4A permission from the appropriate UK regulator3 to do so (see the appropriate UK regulator's website: www.fca.org.uk/firms/authorisation/apply-authorisation for the FCA and
PRIN 1.1.2GRP
The Principles are a general statement of the fundamental obligations of firms under the regulatory system. This includes provisions which implement the Single Market Directives.5 They derive their authority from the appropriate regulator's rule-making powers as set out in the Act and reflect the statutory objectives.3
COBS 18.11.2RRP
COBS does not apply to an authorised professional firm with respect to its non-mainstream regulated activities, except that:(1) the fair, clear and not misleading rule applies;(2) the financial promotion rules apply as modified below;(3) COBS 7 (Insurance mediation) applies but only if the designated professional body of the firm does not have rules approved by the FCA under section 332(5) of the Act that implement articles 12 and 13 of the Insurance Mediation Directive and that
PERG 4.11.9GRP

Simplified summary of the territorial scope of the regulated mortgage activities, to be read in conjunction with the rest of this section.

This table belongs to PERG 4.11.8 G

4Regulated activities other than advice

Location of establishment of service provider:

Location of land:

Individual borrower resident and located:

UK or non-UKperson: Establishment in the UK

in the UK

in another EEA State

outside the EEA

land in the UK

Yes

Yes

Yes

land in another EEA State

Yes

Yes

Yes

UKperson: Establishment in another EEA State or in a country outside the EEA

in the UK

in another EEA State

outside the EEA

land in the UK

Yes

Yes

Yes

land in another EEA State (Note 1)

No

No

No

Non-UKperson: Establishment in another EEA State or in a country outside the EEA

in the UK

in another EEA State

outside the EEA

land in the UK

Yes

No

No

land in another EEA State

No

No

No

Yes = authorisation or exemption required

No = authorisation or exemption not required

Note 1: If the service provider is a UK firm operating from an office in another EEA State in the exercise of rights under a Single Market Directive, the activities will be treated as taking place in the United Kingdom and the firm will need to make sure that its permission covers the regulated mortgage activities it is carrying out. See PERG 4.11.5G (1).

4The regulated activity of advice

Location of establishment of service provider:

Location of land:

Individual borrower resident and located:

UK or non-UKperson: Establishment in the UK

in the UK

in another EEA State

outside the EEA

land in the UK

Yes

Yes

Yes

land in another EEA State

Yes

Yes

Yes

UKperson: Establishment in another EEA State or in a country outside the EEA

in the UK

in another EEA State

outside the EEA

land in the UK

Yes

No

No

land in another EEA State (Note 1)

Yes

No

No

Non-UKperson: Establishment in another EEA State or in a country outside the EEA

in the UK

in another EEA State

outside the EEA

land in the UK

Yes

No

No

land in another EEA State

Yes

No

No

Yes = authorisation or exemption required

No = authorisation or exemption not required

Note 1: If the service provider is a UK firm operating from an office in another EEA State in the exercise of rights under a Single Market Directive, the activities will be treated as taking place in the United Kingdom and the firm will need to make sure that its permission covers the regulated mortgage activities it is carrying out. See PERG 4.11.5G (1).
PERG 8.17A.1GRP
The application of section 21 of the Act and of exemptions in the Financial Promotion Order to invitations or inducements about insurance mediation activities will vary depending on the type of activity. The implementation of the Insurance Mediation Directive has not led to any changes in the definitions of a controlled investment or a controlled activity under the Financial Promotion Order. So:(1) rights under any contract of insurance are a controlled investment;(2) rights to
SUP 13.12.2GRP
To contact the FCA and/or PRA authorisations teams, please see the details provided on that regulator's website.5534
PERG 8.33.6GRP
The exclusions in Articles 29 and 33 of the Regulated Activities Order are not available where the investment is a contract of insurance. However, certain other exclusions do apply. This results from implementation of the requirements of the Insurance Mediation Directive and is explained in more detail in PERG 5.6 (The regulated activities: arranging deals in, and making arrangements with a view to transactions in, contracts of insurance).
ICOBS 5.3.3RRP
If an insurance intermediary informs a customer that it gives advice on the basis of a fair analysis, it must give that advice on the basis of an analysis of a sufficiently large number of contracts of insurance available on the market to enable it to make a recommendation, in accordance with professional criteria, regarding which contract of insurance would be adequate to meet the customer's needs. [Note: article 12(2) of the Insurance Mediation Directive]
PERG 5.6.15GRP
In some cases, a person may make arrangements to enter into a contract of insurance as policyholder on its own behalf and also arrange that another person become a policyholder under the same contract of insurance. If so, the person should be aware that the effect of the narrower exclusion in article 28 as part of implementation of the IMD is that he may be arranging on behalf of the other policyholder. This may be relevant, for example, to a company which arranges insurance
PRIN 4.1.4GRP
(1) Certain requirements under MiFID are disapplied for:(a) eligible counterparty business;(b) transactions concluded under the rules governing a multilateral trading facility between its members or participants or between the multilateral trading facility and its members or participants in relation to the use of the multilateral trading facility;(c) transactions concluded on a regulated market between its members or participants.(2) Under PRIN 3.1.6 R, these disapplications may
MIPRU 2.3.1RRP
A firm3 (other than a connected travel insurance intermediary)4 must establish on reasonable grounds that:3(1) a reasonable proportion of the persons within its management structure who are responsible for insurance mediation activity; and(2) all other persons directly involved in its insurance mediation activity;demonstrate the knowledge and ability necessary for the performance of their duties; and(3) all the persons in its management structure and any staff directly involved
PERG 4.10A.17GRP
PERG 5.4 (The business test for insurance mediation) has guidance on the meaning of remuneration in the Insurance Mediation Directive. That guidance is also applicable to the meaning of remuneration for the purpose of PERG 4.10A.12 G.